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REFERENCE TITLE: animal ownership; possession; prohibition |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2483 |
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Introduced by Representatives Kavanagh: Lieberman, Longdon, Shah, Senator Alston
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AN ACT
amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13-2910.10; relating to offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2910.10, to read:
13-2910.10. Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; definition
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 have contact with, 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 fifteen 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 five 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 person who violates this section is guilty of a class 1 misdemeanor.
F. For the purposes of this section, "Animal":
1. Means any domesticated dog or cat.
2. Does not include livestock as defined in section 3‑1201 or wildlife as defined in section 17‑101.