ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DPA 9-0-0-1

HB2372: animal cruelty; release conditions

Sponsor: Representative Bolick, LD 20

Caucus & COW

Overview

Prohibits an individual on bail or release for an animal cruelty offense from possessing or having contact with any animal unless the animal is the individual's own service animal.

History

An individual commits animal cruelty by intentionally, knowingly or recklessly subjecting an animal:

1)   To cruel neglect;

2)   To cruel mistreatment;

3)   To death or harm without legal privilege;

4)   Failing to provide necessary medical attention to prevent prolonged suffering; or

5)   Interfering with a service or working animal, as applicable (A.R.S. § 13-2910).

Punishment for an animal cruelty offense is as follows:

1)   Class 5 felony for the intentional or knowing subjection of a domestic animal to cruel mistreatment or death without legal privilege;

2)   Class 6 felony includes the intentional or knowing subjection of an animal under the individual's custody to cruel neglect resulting in serious physical injury or interfering with a service or working animal; or

3)   Class 1 misdemeanor includes the intentional, knowing or reckless subjection of an animal under the individual's custody to cruel neglect or interfering with a service or working animal (A.R.S. § 13-2910).

An individual convicted of an animal cruelty offense is prohibited from owning, possessing, adopting, fostering, residing with or intentionally contacting or having custody of any animal in the individual's household. A convicted individual who lives in a household with an animal possessed by another individual in the household may apply to the court for a good cause exception. The prohibitions against an individual convicted with an animal cruelty offense must remain in place depending on the individual's conviction (A.R.S. § 13-2910.11).

Animal means a mammal, bird, reptile or amphibian (A.R.S. § 13-2910).

Provisions

1.   Specifies that an individual on bail or release for an animal cruelty offense is prohibited from possessing or having contact with any animal unless the animal is the individual's own service animal. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes conforming changes. (Sec. 1)

 

 

Amendments

Committee on Judiciary

1.   Establishes that an individual on release for an animal cruelty offense must be serving a term of probation and be charged with a new violation of the specified offense.

2.   Removes the exception that an individual may possess or have contact with their service animal.

3.    

4.    

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6.                     HB 2372

7.   Initials LC/DG       Page 0 Caucus & COW

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