ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: NREW DPA 6-1-0-0 | 3^rd Read 17-11-2-0 House: LARA DPA 7-1-0-1

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SB 1047: animal cruelty; failure to treat

Sponsor: Senator Shope, LD 16

House Engrossed

Overview

States that a person commits animal cruelty by failing to provide medical attention necessary to prevent unreasonable suffering to any domestic animal under the person's custody or control.

History

The Criminal Code outlines actions that constitute animal cruelty including 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 (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).

Domestic animal means a mammal that is kept primarily as a pet or companion or that is bred to be a pet or companion (A.R.S. § 13-2910).

Provisions

1. States that a person commits animal cruelty by intentionally, knowingly or recklessly failing to provide medical attention necessary to prevent unreasonable suffering to any domestic animal under the person's custody or control. (Sec. 1)

2. Expands the definition of cruel neglect to include the failure to provide a domestic animal with:

a) food, given daily;

b) water suitable for drinking;

c) access to shelter, except for a dog that primarily resides outdoors; and

d) access to shelter that meets specified requirements, except for a dog that primarily resides outdoors. (Sec. 1)

3. Modifies the definition of domestic animal to include birds, reptiles and amphibians. (Sec. 1)

4. Makes conforming changes. (Sec. 1)

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8.                   SB 1047

9. Initials EB/BSR  Page 0 House Engrossed

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