FACT Legislation References

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Animals

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 offense, a person may be charged with a felony upon a fourth offense. Below is an outline of points included within this new bill. This law took effect on July 1, 1999.

 Section 30-18-1 applies to all animals except for insects and reptiles.

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 Section A - C, page 1

 This section defines misdemeanor animal cruelty.

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 Section D, page 2

 This section defines extreme cruelty, an automatic fourth degree felony

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 Section F, page 2

 The court may order an adult convicted of cruelty (either misd. 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.

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 Section G, page 3

 Children adjudicated of cruelty to animals must receive mandatory assessment and counseling.

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 Section H, page 3 -

 Lists activities to which this bill does not apply.

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 Section I, page 4

 If there is a dispute as to what is "commonly accepted agricultural practices" or "common rodeo practices" the dispute is resolved by the New Mexico livestock board.

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 Section J, page 4

 This statute does not affect nor prohibit cockfighting New Mexico

SEIZURE OF ANIMAL

 Section A, page 4

 Any peace officer can apply for a warrant to seize animals

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 Section B & C & D, page 4-5

 Please note notice requirements. These were included at the insistence of the livestock interests.

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 Section E, page 5

 The owner may have animal examined by vet of his or her choice and at their expense

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 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 it is not cruelly treated

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 Section B, page 5

 If the court finds the animal has been cruelly treated, it shall hold a hearing to determine disposition of animal.

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 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 bill affords protection for animals used by police and fire fighters.

 Section C, page 7

 If the injury is minor it is a petty misdemeanor

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 Section D, page 7

 If the injury is serious or causes death it is a fourth degree felony

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