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Info for Animal Control & Field Officers
Info for District Attorneys & Judges |
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FELONY ANIMAL CRUELTY TRAINING Memo to: Conference Attendees Re: Felony Animal Cruelty Law -- Outline of points included in law. Date: February, 2000 The 1999 legislature passed, and Governor Johnson signed, a revision to the law relating to criminal prosecution for animal cruelty. For cases of extreme cruelty, it is now possible to charge a fourth degree felony. For repeat misdemeanor offenses, a person may be charged with a felony upon a fourth offense. This law took effect on July 1, 1999. Below is an outline of points included within this new law. • Section 30-18-1 -- Law applies to all animals except for insects and reptiles. • Section A - C, page 1 -- Defines misdemeanor animal cruelty. • Section D, page 2 -- Defines extreme cruelty, an automatic fourth degree felony. • Section F, page 2 -- The court may order an adult convicted of cruelty (either misdemeanor or felony) to participate in animal cruelty program. -- The court may order an adult convicted of cruelty to obtain psychological counseling. -- If counseling is ordered the defendant shall bear the costs of treatment. • Section G, page 3 -- Children adjudicated of cruelty to animals must receive mandatory assessment and counseling. • Section H, page 3 -- Lists activities to which this law does not apply. • Section I, page 4 -- If there is a dispute as to what is "commonly accepted agricultural practice" or "common rodeo practice" the dispute is resolved by the New Mexico Livestock Board. • Section J, page 4 -- This law does not affect nor prohibit cockfighting in New Mexico.
SEIZURE OF ANIMAL • Section A, page 4 -- Any peace officer can apply for a warrant to seize animals. • Section B, C, & D, pages 4-5 -- Please note notice requirements, which were included at the insistence of the livestock interests. • Section E, page 5 -- The owner may have the animal examined by a veterinarian of his or her choice and at their own expense. • Section F, page 5 -- The seizure of any animal defined as livestock by the livestock code must be done pursuant to the provision within the livestock code..
DISPOSITION OF SEIZED ANIMALS (Please note these sections do not apply to livestock - see note above) • Section A, page 5 -- An animal may be returned if court finds the animal is not cruelly treated. • Section B, page 5 -- If the court finds the animal has been cruelly treated, it shall hold a hearing to determine the disposition of the animal. • Section C, page 5-6 -- Upon the conviction of a defendant an animal may be placed for adoption.
COSTS • Section A, page 6 -- Upon conviction, the defendant may be liable for all costs relating to board and care. Therefore, Court must order these costs assessed at sentencing. This is important to keep shelters and others who keep animals from being financially penalized for prosecution of these cases. • Section B, page 6 -- If there is no conviction all costs are borne by the seizing agency. Note: this section is mandatory.
INJURY OR HARASSMENT TO POLICE DOG, POLICE HORSE OR FIRE DOG This entire section of law affords protection for animals used by police and fire fighters. • Section C, page 7 -- If the injury is minor, it is a petty misdemeanor. • Section D, page 7 -- If the injury is serious or causes death it is a fourth degree felony. • Section E, page 8 -- If convicted, a defendant may be ordered to pay costs of care or replacement. • Section F, page 8 -- Defines harassment. • Section G, page 8 -- This section makes harassment a misdemeanor. • Section H, page 8 -- If the harassment results in bodily injury to a person not an accomplice, it is also a misdemeanor. • Section I, page 8 -- Allows for an affirmative defense to a charge of harassment if animal is not handled according to accepted or departmental standards.
Felony Animal Cruelty Training Outline (Specific) Conference Memo - Outline of points included in lawHOW TO INVESTIGATE A CASE OF ANIMAL CRUELTY OR NEGLECT Training Class "Implementing the Felony Animal Cruelty Law" Receives Accreditation From DPS and the NM Bar Association; MEDIA ADVISORY, Date: March 9, 2000 FACT Resources: Animal Handling Tips & Animal Call Response Checklist Contact information for animal resources: New Mexico counties requiring adequate food/water/shelter: Euthanasia Data for New Mexico Animal Live-Trapping Recommendations Information on Procedure for Necropsy New Mexico Wildlife Rehabilitators Sample Animal Relinquishment Form Impact of New Mexico Supreme Court Ruling Regarding Animal Cruelty Law
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