The Baja California Sur state legislature has approved a constitutional reform that explicitly prohibits animal abuse and obligates the state government to guarantee the protection and care of animals. The XVII Legislature passed the measure in La Paz after Representative Erick Iván Agúndez Cervantes introduced the proposal.
The reform elevates animal welfare protections from ordinary statute to the state constitution. That distinction matters: constitutional provisions require a supermajority to amend or repeal, giving the new protections a stronger legal foundation than standard legislation.
Built on Federal Constitutional Mandate
The BCS reform is rooted in a federal constitutional change published in December 2024. That national amendment prohibited animal mistreatment and established the obligation of Mexican states to guarantee animal care, conservation, and proper treatment. The BCS legislature’s action aligns the state constitution with the federal mandate.
Representative Agúndez Cervantes has been active on animal welfare issues in the XVII Legislature. In December 2025, he co-authored portions of the “Santos Law,” a reform to the BCS Penal Code that criminalized injuries and deaths caused by animal attacks and held pet owners or caretakers criminally responsible for negligence. That law added Articles 134 Bis and 139 Bis to the state Penal Code.
BCS Follows Baja California’s Lead
The neighboring state of Baja California approved a similar constitutional reform earlier. Under Governor Marina del Pilar Ávila Olmeda, the BC legislature amended Article 7 of its state constitution to recognize animals as sentient beings and subjects of special protection. That reform also covered not just domestic pets but all species, and it aligned with both Article 4 of Mexico’s federal constitution and the Universal Declaration of Animal Rights.
With BCS now acting, both states on the Baja peninsula have constitutional-level animal protections. The BCS reform does not yet define specific penalties or enforcement mechanisms. Those details will likely come through enabling legislation, or “leyes secundarias,” that the state congress must still draft and approve.
What Comes Next
Pet owners and animal rescue organizations across BCS should watch for follow-up bills that define fines, criminal penalties, and enforcement responsibilities. The Santos Law from December 2025 already addresses criminal liability for animal attacks, but broader protections covering abuse, neglect, and abandonment will require additional legislation to take practical effect.
First reported by Noticias La Paz.