SENATE BILL 62
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Mary Jane M. Garcia
AN ACT
RELATING TO ANIMAL CRUELTY; AMENDING THE DEFINITION OF "ANIMAL"; EXPANDING THE SCOPE OF WHAT CONSTITUTES CRUELTY TO ANIMALS; EXPANDING THE SCOPE OF WHAT CONSTITUTES EXTREME CRUELTY TO ANIMALS; ENHANCING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-18-1 NMSA 1978 (being Laws 1999, Chapter 107, Section 1, as amended) is amended to read:
"30-18-1. CRUELTY TO ANIMALS--EXTREME CRUELTY TO
ANIMALS--PENALTIES--EXCEPTIONS.--
A. As used in this section, "animal" [does not include insects or reptiles] includes all non-human vertebrates.
B. Cruelty to animals consists of a person:
(1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; [or]
(2) abandoning or failing to provide necessary sustenance, including sufficient food to maintain normal weight; water of drinkable temperature; adequate, clean, pest-free, suitable shelter from the elements; proper veterinary care; and timely medical care in the event of injury or illness, to an animal under that person's custody or control such that the life or health of an animal is endangered due to negligent treatment; or
(3) tethering or tying an animal in a manner that precludes the animal's access to food, water and suitable shelter from the elements or causes injury to the animal.
C. As used in Subsection B of this section, "lawful justification" means:
(1) humanely destroying a sick or injured
animal; or
(2) protecting a person or animal from death or injury due to an attack by another animal.
D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall [be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978] not own, live with or have custodial responsibility for an animal for a period of five years.
E. Whoever commits cruelty to animals is guilty of a fourth degree felony if:
(1) the person committing the animal cruelty has previously been convicted of cruelty to animals in New Mexico or under the equivalent animal cruelty laws of another jurisdiction;
(2) has previously been convicted of domestic violence according to Section 40-13-1 NMSA 1978 or the equivalent domestic violence laws of another jurisdiction; or
(3) the person knowingly commits animal cruelty in the immediate presence of a minor child. For purposes of this subsection, a minor child is in the immediate presence of the animal cruelty if the cruelty is seen or directly perceived in any other manner by the minor child.
[E.] F. Extreme cruelty to animals consists of a person:
(1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; [or]
(2) maliciously killing an animal;
(3) causing the death of an animal by abandonment; or
(4) tethering an animal in a manner that results in the death of the animal.
[F.] G. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and [shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978] shall not own, live with or have custodial responsibility for an animal for a period of ten years.
H. Whoever commits extreme cruelty to animals is guilty of a third degree felony if:
(1) the person committing the extreme cruelty has previously been convicted of extreme cruelty to animals in New Mexico or under the equivalent animal cruelty laws of another jurisdiction;
(2) has previously been convicted of domestic violence according to Section 40-13-1 NMSA 1978 or the equivalent domestic violence laws of another jurisdiction; or
(3) the person knowingly commits the extreme cruelty in the immediate presence of a minor child. For purposes of this subsection, a minor child is in the immediate presence of the extreme cruelty if the cruelty is seen or directly perceived in any other manner by the minor child.
[G.] I. The court may order a person convicted for committing cruelty to animals to participate in an animal cruelty prevention program or an animal cruelty education program. The court may also order a person convicted for committing cruelty to animals or extreme cruelty to animals to obtain psychological counseling for treatment of a mental health disorder if, in the court's judgment, the mental health disorder contributed to the commission of the criminal offense. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court.
[H.] J. If a child is adjudicated of cruelty to animals, the court shall order an assessment and any necessary psychological counseling or treatment of the child.
[I.] K. The provisions of this section do not apply to:
(1) fishing, hunting, falconry, taking and trapping, as provided in Chapter 17 NMSA 1978;
(2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978;
(3) rodent or pest control, as provided in Chapter 77, Article 15 NMSA 1978;
(4) the treatment of livestock and other animals used on farms and ranches for the production of food, fiber or other agricultural products, when the treatment is in accordance with commonly accepted agricultural animal husbandry practices;
(5) the use of commonly accepted Mexican and American rodeo practices, unless otherwise prohibited by law;
(6) research facilities licensed pursuant to the provisions of 7 U.S.C. Section 2136, except when knowingly operating outside provisions, governing the treatment of animals, of a research or maintenance protocol approved by the institutional animal care and use committee of the facility; or
(7) other similar activities not otherwise prohibited by law.
[J.] L. If there is a dispute as to what constitutes commonly accepted agricultural animal husbandry practices or commonly accepted rodeo practices, the New Mexico livestock board shall hold a hearing to determine if the practice in question is a commonly accepted agricultural animal husbandry practice or commonly accepted rodeo practice."
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