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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
animal cruelty; failure to treat
Purpose
Broadens the conditions that must be met for a person to commit cruelty to animals.
Background
Current statute outlines several conditions that are classified as
cruelty to animals such as intentional neglect, intentional harm or intentional
death of an animal. Current statute defines cruel neglect as failing to
provide an animal with necessary food, water or shelter. A person who commits
cruelty to animals or commits cruel neglect is guilty of a class 1 misdemeanor
(A.R.S.
ยง 13-2910). Cases of animal cruelty can be reported to city or county
police or to the Arizona Humane Society (AHS). In 2023, the AHS initiated
nearly 10,000 animal abuse investigations, representing a 21 percent increase
from the previous year (AHS).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the definition of cruel neglect, the failure to provide a domestic animal with:
a) food, given daily, that is appropriate for the species and that is fit for consumption;
b) water that is suitable for drinking;
c) for an animal, other than a dog that primarily resides outdoors, access to shelter that is necessary and adequate; and
d) for a dog that primarily resides outdoors, except while a dog is engaged in or training for lawful hunting, police, military or patrol work, search and rescue, herding or livestock guarding, trials and other lawful competitions, service and assistance work and other working, sporting and competitive functions, access to shelter that:
i. has a natural or artificial cover that is accessible throughout the year;
ii. is structurally sound, maintained in good repair and of sufficient size to protect the dog from injury, allows the dog to stand, turn around, lie down in a natural manner and allows the dog to maintain normal body temperature; and
iii. is maintained in a manner that minimizes the risk of disease, infestation or parasites.
2. Adds, to the offense of cruelty to animals, the act of intentionally, knowingly or recklessly failing to provide medical attention necessary to prevent unreasonable suffering to any domestic animal under the person's control.
3. Defines extreme weather conditions as:
a) a heat advisory has been issued by a local, state or national authority for the area; or
b) a monsoon, hurricane, tropical storm, dust storm or tornado warning has been issued for the area by a local, state or national authority.
4. Expands the definition of domestic animal to include birds, reptiles and amphibians.
5. Makes conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that failing to provide a domestic animal, rather than any animal, appropriate and daily food, suitable water and adequate shelter is cruel neglect.
2. Reverts the condition of cruelty to animals to failing to prevent unreasonable, rather than protracted, suffering.
3. Adds to the offense of cruelty to animals the act of intentionally, knowingly or recklessly failing to provide medical attention necessary to prevent unreasonable suffering to any domestic animal under the person's control.
4. Removes, from the definition of cruel neglect, to fail to provide adequate shelter for a dog under the custody of a person who has no permanent place of residence.
5. Removes the requirement for bedding material for shelter for a dog that primarily resides outdoors.
6. Removes, from the definition of extreme weather conditions, actual or effective outdoor temperature that is below 32 degrees Fahrenheit or above 100 degrees Fahrenheit.
7. Expands the definition of domestic animal to include birds, reptiles and amphibians.
Senate Action
NREW 2/15/24 DPA 6-1-0
Prepared by Senate Research
February 19, 2024
RA/KP/slp