ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

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HB 2873: animal abandonment; duty to report

Sponsor: Representative Diaz, LD 19

Committee on Land, Agriculture & Rural Affairs

Overview

Makes changes and additions to statute relating to the abandonment of animals

History

Under the current criminal code, a person commits animal cruelty by intentionally, knowingly or recklessly subjecting an animal to:

1) cruel neglect or abandonment;

2) inflicts unnecessary physical injury;

3) cruel mistreatment;

4) death or harm without legal privilege;

5) confinement in a motor vehicle;

6) failing to provide necessary medical attention to prevent prolonged suffering; or

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

A person who violates Arizona's animal cruelty laws is guilty of either a:

1) class 5 felony for intentionally or knowingly subjecting a domestic animal to cruel mistreatment or death without legal privilege;

2) class 6 felony for intentionally or knowingly subjecting an animal under the person's custody to cruel neglect resulting in serious physical injury or interfering with a service or working animal; or

3) class 1 misdemeanor for intentionally, knowingly or recklessly subjecting an animal under the person's custody to cruel neglect or interfering with a service or working animal. (A.R.S. § 13-2910).

A sentence of probation, a fine or imprisonment is fixed by the courts as follows:

1) Class 5 felony includes either 3-year probation, jailtime between .5-2.5 years (first time offense) or if a dangerous felony 4-6 years;

2) Class 5 felony includes either 3-year probation, jailtime between .33-2 years (first time offense) or if a dangerous felony 3-4.5 years; or

3) Class 1 misdemeanor includes either 3-year probation, $2,500 fine or a maximum of 6 months jailtime. (A.R.S. §§ 13-702, 13-707, 13-802, 13-902).

A person 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 person's household (A.R.S. § 13-2910.11).

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

Provisions

1. Adds to existing statute that any abandoned animal, in addition to any stray dog, must be impounded and that all impounded animals must be given proper care and maintenance. (Sec. 1)

2. Adds that a person commits animal cruelty by intentionally or knowingly:

a) releasing a domestic animal or horse into the wild,  a remote area or on land or property that is not under the direct ownership or control of the owner or owner's agent; or

b) abandoning an animal. (Sec. 2)

3. Outlines penalties that may be imposed for this form of animal cruelty. (Sec. 2)  

4. Requires a property manager or landlord to report all abandoned animals to the appropriate law enforcement agency and impose a $1,000 civil penalty for a property manager or landlord who fails to do so. (Sec. 3 and 4)

5. Defines abandonment. (Sec. 2)

6. Makes technical and conforming changes (Sec. 1 and 2)

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10.                   HB 2873

11. Initials EB/BSR  Page 0 Land, Agriculture & Rural Affairs

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