13-2910.11. Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; good cause exception; definitions

A. It is unlawful for a person who has been convicted of any of the following offenses to own, possess, adopt, foster, reside with or otherwise intentionally contact, care for or have custody of any animal in the person's household:

1. An intentional or knowing violation of cruelty to animals pursuant to section 13-2910, subsection A, paragraph 1, 2, 3, 7, 8, 9, 11, 14 or 15.

2. Cruelty to animals pursuant to section 13-2910, subsection A, paragraph 4.

3. Animal fighting pursuant to section 13-2910.01.

4. Bestiality pursuant to section 13-1411.

B. Except as provided in subsection D of this section, the prohibitions listed in subsection A of this section shall remain in place for the following amount of time:

1. For a first misdemeanor conviction, at least five years.

2. For a first felony conviction or a second or subsequent misdemeanor conviction, at least ten years.

3. For a second or subsequent felony conviction, for the person's lifetime.

C. Within thirty days after a person is prohibited from possessing an animal pursuant to this section, the person shall transfer all animals in the person's care or custody to another person who is not in the person's household.

D. On proper application and not less than one year after the person is convicted of a misdemeanor violation of an offense listed in subsection A of this section or two and one-half years after the person is convicted of a felony violation, the person may apply to have the person's right to possess an animal restored. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating the minimum time requirement. The person may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or the judge, justice of the peace or magistrate's successor in office. The applicant shall serve a copy of the application on the prosecutor. The court shall conduct a hearing on the request within sixty days after the application is filed.  The defendant bears the burden by a preponderance of evidence at the hearing. To assist the court in making a determination, the court shall require the person to complete a psychiatric or psychological examination and undergo counseling, if necessary, before restoring the person's right to possess an animal. The court may terminate or reduce the time period required by subsection B of this section on a finding that:

1. The applicant does not present a danger to self, the animal's immediate family and the public.

2. The applicant has the ability to properly care for all animals in the applicant's possession.

3. The applicant has successfully completed all classes or counseling that was ordered by the sentencing court.

E. A convicted person who lives in a household with an animal that is owned, possessed, adopted or fostered by another person in the household may apply to the court for a good cause exception.  A good cause exception is valid for one year and allows the convicted person to reside in the same household as an animal. The convicted person may request the court to renew a good cause exception sixty days before the good cause exception expires.  The court may grant a good cause exception or renew a good cause exception if all of the following apply:

1. The convicted person is on supervised or unsupervised probation, community supervision or parole or agrees to be subject to the court's jurisdiction and supervision while living in the household.

2. The court determines that it is in the best interests of the animal and the person who owns, possesses, adopts or fosters the animal to allow the convicted person to remain in the same household and reside with the animal.

3. The convicted person agrees to not intentionally contact, care for or have custody of the animal.

F. A person who violates this section is guilty of a class 1 misdemeanor.

G. For the purposes of this section:

1. "Animal":

(a) Means any domesticated dog or cat.

(b) Does not include livestock as defined in section 3-1201 or wildlife as defined in section 17-101.

2. "Household" includes all of the persons who occupy a housing unit as the person's usual place of residence, including all of the following:

(a) The related family members and all unrelated persons, if any, such as lodgers, foster children, wards or employees who share the housing unit.

(b) A person who lives alone in a housing unit or a group of unrelated persons sharing a housing unit such as partners or roomers.

3. "Housing unit" means a house, an apartment, a mobile home or trailer, a group of rooms or a single room occupied as separate living quarters for a household and includes any front, side or rear yards and any garages and detached garages that are under the control of the household.