ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 9-0-0-1 | 3rd Read 40-19-1-0

                                                                                     Senate: COM DP 7-1-1-0 | 3rd Read 16-14-0-0

HB 2483: animal ownership; possession; prohibition

Sponsor:  Representative Kavanagh, LD 23

Senate Engrossed

Overview

Prohibits an individual convicted of an offense related to animal cruelty, animal fighting or bestiality from possessing or residing with any animal in the individual's home. States a person who fails to comply with this requirement is guilty of a class 1 misdemeanor.

History

Except in regards to the permitted taking of wildlife or other activities in title 17, agricultural activities and activities regulated by the Arizona game and fish department or the Arizona department of agriculture, current statute prohibits and punishes the following:

1)   Knowingly subjecting an animal in a person’s custody to cruel neglect or abandonment that results in serious physical injury as a class 6 felony;

2)   Knowing cruel mistreatment of any animal as a class 6 felony; 

3)   Knowing cruel mistreatment of a domestic animal as a class 5 felony; 

4)   Knowingly allowing a dog under an individual’s custody to interfere with, injure or kill a service animal as a class 6 felony; or 

5)   Knowingly killing a domestic animal without either legal privilege or consent of the domestic animal’s owner or handler as a class 5 felony (A.R.S. § 13-2910).

Except for permitted agricultural activities and animals trained in and engaging in the protection of livestock, current statute also prohibits animal fighting and classifies it as a class 5 felony (A.R.S. § 13-2910.01).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits an individual convicted of an offense related to animal cruelty, animal fighting or bestiality from possessing or residing with any animal in the individual's home for specific timeframes as outlined below:

a)   Five years for a first-time misdemeanor conviction;

b)   Ten years for a first-time felony or subsequent misdemeanor conviction; or

c)   The individual's lifetime for a second or subsequent felony conviction. (Sec. 1)

2.   Requires an individual within 30 days of conviction to remove all animals from the individual's residence. (Sec. 1)

3.   Allows the individual to apply for the restoration of rights to possess an animal after one year following a misdemeanor conviction or two and one-half years following a felony conviction. (Sec. 1)

4.   Outlines the process to restore an individual's right to possess an animal after a misdemeanor or felony conviction. (Sec. 1)

5.   Establishes a good cause exception application process for a prohibited possessor to reside with animals if certain conditions are met. (Sec. 1)

6.   Establishes failure to comply with the above requirements as a class 1 misdemeanor. (Sec. 1)

7.   Clarifies the definition of animal means any domesticated dog or cat and does not include livestock or wildlife. (Sec. 1)

8.   Defines household and housing unit. (Sec. 1)

Amendment

1.   Reduces the timeframe that a person is prohibited from living with an animal for first-time misdemeanor and felony convictions and subsequent misdemeanor convictions.

2.   Modifies the restoration of rights process.

3.   Establishes a good cause exception application process for a prohibited possessor to reside with animals if certain conditions are met.

4.   Defines household and housing unit.

5.    

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8.                     HB 2483

9.   Initials LC  Page 0 Senate Engrossed

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