"SEARCH & RESCUE DOG" DEFINITION

SB0102

SENATE BILL 102

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Craig W. Brandt
and
Catherine J. Cullen

AN ACT

RELATING TO CRIME; PROVIDING A DEFINITION FOR "SEARCH-AND-RESCUE DOG"; INCREASING THE PENALTIES FOR THE INJURY TO OR
HARASSMENT OF A POLICE DOG, POLICE HORSE, FIRE DOG OR SEARCH-AND-RESCUE DOG.

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

SECTION 1.
Section 30-18-13 NMSA 1978 (being Laws 1999,
Chapter 107, Section 5) is amended to read:

"30-18-13. INJURY TO A POLICE DOG, POLICE HORSE, [
OR
]
FIRE DOG
OR SEARCH-AND-RESCUE DOG
--HARASSMENT OF A POLICE DOG,
POLICE HORSE, [
OR
] FIRE DOG
OR SEARCH-AND-RESCUE DOG
.--

A. As used in this section:

(1) "fire dog" means a dog used by a fire
department,
a
special fire district or the state fire marshal
for the primary purpose of aiding in the detection of flammable
materials or the investigation of fires;

(2) "police dog" means a dog used by a law
enforcement or corrections agency that is specially trained for
law enforcement or corrections work in the areas of tracking,
suspect apprehension, crowd control or drug or explosives
detection; [
and
]

(3) "police horse" means a horse that is used
by a law enforcement or corrections agency for law enforcement
or corrections work;
and

(4) "search-and-rescue dog" means a dog that
is owned, or the service of which is employed, by a fire
department, a law enforcement agency, a corrections agency, a
special fire district or the state fire marshal for the purpose
of aiding in detection or location of a person
.

B. Injury to a police dog, police horse, [
or
] fire
dog
or search-and-rescue dog
consists of willfully and with
intent to injure or prevent the lawful performance of its
official duties:

(1) striking, beating, kicking, cutting,
stabbing, shooting or administering poison or any other harmful
substance to a police dog, police horse, [
or
] fire dog
or
search-and-rescue dog
; or

(2) throwing or placing an object or substance
in a manner that is likely to produce injury to a police dog,
police horse, [
or
] fire dog
or search-and-rescue dog
.

C. Whoever commits injury to a police dog, police
horse, [
or
] fire dog
or search-and-rescue dog
when the injury
causes the animal minor physical injury or pain is guilty of a
[
petty misdemeanor
]
third degree felony
and shall be sentenced
pursuant to the provisions of Section [
31-19-1
]
31-18-15
NMSA
1978.

D. Whoever commits injury to a police dog, police
horse, [
or
] fire dog
or search-and-rescue dog
when the injury
causes the animal serious physical injury or death or directly
causes the destruction of the animal is guilty of a [
fourth
]

second
degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978.

E. A person convicted of injury to a police dog,
police horse, [
or
] fire dog
or search-and-rescue dog
may be
ordered to make restitution for the animal's veterinary bills
or replacement costs of the animal if it is permanently
disabled, killed or destroyed.

F. Harassment of a police dog, police horse, [
or
]
fire dog
or search-and-rescue dog
consists of a person
willfully and maliciously interfering with or obstructing a
police dog, police horse, [
or
] fire dog
or search-and-rescue
dog
by frightening, agitating, harassing or hindering the
animal.

G. Whoever commits harassment of a police dog,
police horse, [
or
] fire dog
or search-and-rescue dog
is guilty
of a misdemeanor and shall be sentenced pursuant to the
provisions of Section 31-19-1 NMSA 1978.

H. Whoever commits harassment of a police dog,
police horse, [
or
] fire dog
or search-and-rescue dog
that
results in bodily injury to a person not an accomplice to the
criminal offense is guilty of a misdemeanor and shall be
sentenced pursuant to the provisions of Section 31-19-1 NMSA
1978.

I. It is an affirmative defense to a prosecution
brought pursuant to the provisions of this section that a
police dog, police horse, [
or
] fire dog
or search-and-rescue
dog
was not handled in accordance with well-recognized national
handling procedures or was handled in a manner contrary to its
own department's handling policies and procedures."

SECTION 2.
Section 31-18-15 NMSA 1978 (being Laws 1977,
Chapter 216, Section 4, as amended) is amended to read:

"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS
DEDUCTIONS.--

A. As used in a statute that establishes a
noncapital felony, the following defined felony classifications
and associated basic sentences of imprisonment are as follows:

FELONY CLASSIFICATION

BASIC SENTENCE

first degree felony

resulting in the death

of a child

life imprisonment

first degree felony for

aggravated criminal sexual

penetration

life imprisonment

first degree felony

eighteen years imprisonment

second degree felony

resulting in the death of

a human being

eighteen years imprisonment

second degree felony for a

sexual offense against a

child

fifteen years imprisonment

second degree felony when

the injury causes a police

dog, police horse, fire dog

or search-and-rescue dog

serious physical injury

or death or directly causes

the destruction of a police

dog, police horse, fire dog

or search-and-rescue dog

fifteen years imprisonment

second degree felony for

sexual exploitation of

children

twelve years imprisonment

second degree felony

nine years imprisonment

third degree felony resulting

in the death of a human being

six years imprisonment

third degree felony for a

sexual offense against a

child

six years imprisonment

third degree felony for sexual

exploitation of children

eleven years imprisonment

third degree felony when

the injury causes a police dog,

police horse, fire dog or

search-and-rescue dog

minor physical injury or pain

five years imprisonment

third degree felony

three years imprisonment

fourth degree felony for

sexual exploitation of

children

ten years imprisonment

fourth degree felony

eighteen months imprisonment.

B. The appropriate basic sentence of imprisonment
shall be imposed upon a person convicted and sentenced pursuant
to Subsection A of this section, unless the court alters the
sentence pursuant to the provisions of the Criminal Sentencing
Act.

C. A period of parole shall be imposed only for
felony convictions wherein a person is sentenced to
imprisonment of more than one year, unless the parties to a
proceeding agree that a period of parole should be imposed. If
a period of parole is imposed, the court shall include in the
judgment and sentence of each person convicted and sentenced to
imprisonment in a corrections facility designated by the
corrections department authority for a period of parole to be
served in accordance with the provisions of Section 31-21-10
NMSA 1978. If imposed, the period of parole shall be deemed to
be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this
section together with alterations, if any, pursuant to the
provisions of the Criminal Sentencing Act.

D. When a court imposes a sentence of imprisonment
pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
31-18-17 NMSA 1978 and suspends or defers the basic sentence of
imprisonment provided pursuant to the provisions of Subsection
A of this section, the period of parole shall be served in
accordance with the provisions of Section 31-21-10 NMSA 1978
for the degree of felony for the basic sentence for which the
inmate was convicted. For the purpose of designating a period
of parole, a court shall not consider that the basic sentence
of imprisonment was suspended or deferred and that the inmate
served a period of imprisonment pursuant to the provisions of
the Criminal Sentencing Act.

E. The court may, in addition to the imposition

of a basic sentence of imprisonment, impose a fine not to
exceed:

(1) for a first degree felony resulting in the
death of a child, seventeen thousand five hundred dollars
($17,500);

(2) for a first degree felony for aggravated
criminal sexual penetration, seventeen thousand five hundred
dollars ($17,500);

(3) for a first degree felony, fifteen
thousand dollars ($15,000);

(4) for a second degree felony resulting in
the death of a human being, twelve thousand five hundred
dollars ($12,500);

(5) for a second degree felony for a sexual
offense against a child, twelve thousand five hundred dollars
($12,500);

(6) for a second degree felony for sexual
exploitation of children, five thousand dollars ($5,000);

(7) for a second degree felony, ten thousand
dollars ($10,000);

(8) for a second degree felony when the injury
causes a police dog, police horse, fire dog or search-and-rescue dog serious physical injury or death or directly causes
the destruction of a police dog, police horse, fire dog or
search-and-rescue dog, ten thousand dollars ($10,000);

[
(8)
]
(9)
for a third degree felony resulting
in the death of a human being, five thousand dollars ($5,000);

[
(9)
]
(10)
for a third degree felony for a
sexual offense against a child, five thousand dollars ($5,000);

[
(10)
]
(11)
for a third degree felony for
sexual exploitation of children, five thousand dollars
($5,000);

[
(11)
]
(12)
for a third or fourth degree
felony, five thousand dollars ($5,000); [
or
]

(13) for a third degree felony when the injury
causes a police dog, police horse, fire dog or search-and-rescue dog minor physical injury or pain, five thousand dollars
($5,000); or

[
(12)
]
(14)
for a fourth degree felony for
sexual exploitation of children, five thousand dollars
($5,000).

F. When the court imposes a sentence of
imprisonment for a felony offense, the court shall indicate
whether or not the offense is a serious violent offense as
defined in Section 33-2-34 NMSA 1978. The court shall inform
an offender that the offender's sentence of imprisonment is
subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37
and 33-2-38 NMSA 1978. If the court fails to inform an
offender that the offender's sentence is subject to those
provisions or if the court provides the offender with erroneous
information regarding those provisions, the failure to inform
or the error shall not provide a basis for a writ of habeas
corpus.

G. No later than October 31 of each year, the New
Mexico sentencing commission shall provide a written report to
the secretary of corrections, all New Mexico criminal court
judges, the administrative office of the district attorneys and
the chief public defender. The report shall specify the
average reduction in the sentence of imprisonment for serious
violent offenses and nonviolent offenses, as defined in Section
33-2-34 NMSA 1978, due to meritorious deductions earned by
prisoners during the previous fiscal year pursuant to the
provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38
NMSA 1978. The corrections department shall allow the
commission access to documents used by the department to
determine earned meritorious deductions for prisoners."

- 10 -