 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
animal cruelty; release conditions
Purpose
Prohibits a person serving a term of probation for a cruelty to animals violation and who has committed a new violation of cruelty to animals from possessing or having contact with any animal as a condition of release.
Background
A person commits cruelty to animals if the person intentionally, knowingly or recklessly commits certain abusive acts against animals, including: 1) subjecting any animal under the person's custody or control, including service animals, to cruel neglect or abandonment; 2) failing to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control; 3) inflicting unnecessary physical injury to any animal; 4) killing any animal under the custody or control of another person without either legal privilege or consent of the owner; and 5) leaving an animal unattended and confined in a motor vehicle in a manner where physical injury to, or death of, the animal is likely to result (A.R.S. §13-2910).
It is unlawful for a person who has been convicted of an intentional, reckless or knowing violation of cruelty to animals, animal fighting or bestiality to adopt, foster, reside with or otherwise intentionally contact, care for or have custody of any animal in the person's household. Except if the person is qualified and has submitted an application to have their rights restored, the prohibitions must remain in place for the following amount of time: 1) for a first misdemeanor conviction, at least 5 years; 2) for a first felony conviction or a second or subsequent misdemeanor conviction, at least 10 years; or 3) for a second or subsequent felony conviction, for the person's lifetime (A.R.S. § 13-2910.11).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a judicial officer to impose a condition of release that prohibits a person from possessing or having contact with any animal if the person:
a) is currently serving a term of probation for a cruelty to animals offense; and
b) has committed a new cruelty to animals offense on the person's own recognizance or on the execution of bail.
2. Makes conforming changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/2/22 DPA 9-0-0-1
3rd Read 2/15/22 59-0-1
Prepared by Senate Research
March 22, 2022
ZD/HK/sr