HOUSE BILL 316

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nathan "Nate" Cote

AN ACT

RELATING TO ANIMALS; PROHIBITING ANIMAL-KILLING CONTESTS; DEFINING TERMS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 77, Article 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ANIMAL-KILLING CONTESTS PROHIBITED-- DEFINITIONS--PENALTIES.--

          A. As used in this section:

                (1) "animal" means any member of the animal kingdom but does not include fish or human beings; and

                (2) "animal-killing contest" means an organized or sponsored activity in which a person competes with the objective of killing animals and the following applies:

                     (a) more than one animal legally can be killed; or

                     (b) no license is required pursuant to Chapter 17 NMSA 1978 to kill an animal.

          B. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in an animal-killing contest.

          C. Organizing, causing, sponsoring, arranging or holding an animal-killing contest consists of a person:

                (1) knowingly planning, organizing, encouraging or enticing a person to participate in an animal- killing contest;

                (2) providing or choosing the venue for an animal-killing contest; or

                (3) providing or procuring equipment, prizes or other items used to conduct an animal-killing contest.

          D. Participation in an animal-killing contest consists of a person knowingly taking part in an animal-killing contest.

          E. A person who organizes, causes, sponsors, arranges or holds an animal-killing contest shall be:

                (1) upon conviction of a first violation, sentenced to a civil fine of not more than five thousand dollars ($5,000); and

                (2) upon conviction of a second or subsequent violation, sentenced to a fine of not more than five thousand dollars ($5,000) and a definite term of imprisonment in the county jail of less than one year.

          F. A person who participates in an animal-killing contest shall be:

                (1) upon conviction of a first violation, sentenced to a civil fine of not more than one thousand dollars ($1,000);

                (2) upon conviction of a second violation, sentenced to a fine of not more than one thousand dollars ($1,000) and a definite term of imprisonment in the county jail of not more than six months; and

                (3) upon conviction of a third or subsequent violation, sentenced to a fine of not more than five thousand dollars ($5,000) and a term of imprisonment in the county jail of not more than one year.

          G. Nothing in this section shall be construed to preclude prosecution under Chapter 30, Article 18 NMSA 1978."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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