ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DP 7-0-0-0 | 3rd Read 19-9-2-0

SB 1033: animal seizure; bond amount

Sponsor: Senator Kavanagh, LD 3

Committee on Land, Agriculture & Rural Affairs

Overview

Increases the bond, from $25 to $500 per animal, that a person must post to cover the cost of care for an animal that was properly seized by law enforcement.

History

Current law requires a peace officer, county enforcement agent or animal control officer who lawfully seizes an animal, for violation of cruelty to animals, to affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the notice to the owner or keeper of the animal. The officer or agent must also file proof of service with the court (A.R.S. § 13-4281).

If it is determined that the suffering of the animal does not require humane destruction, the notice must include:

1) the name, business address and telephone number of the person providing the notice;

2) a description of the seized animal;

3) the authority and purpose for the seizure;

4) a statement that in order to receive a postseizure hearing the owner must request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within 10 days, including weekends and holidays, after the date of the notice;

5) a statement that the owner is responsible for the cost of care for an animal that was properly seized and is required to post a bond in the amount of $25 per animal with the court to defray the cost of care; and

6) a warning that if the owner fails to post a bond within 10 days after the seizure, the animal will be deemed abandoned and become the property of the seizing agency (A.R.S. § 13-4281).

If the owner fails to post bond, request a hearing or attend a scheduled hearing, the animal is deemed abandoned and all rights of the owner in the animal are transferred to the seizing agency (A.R.S. § 13-4281).

A person commits cruelty to animals by intentionally, knowingly or recklessly subjecting any animal in the person's custody or control to cruel neglect or abandonment, unnecessary physical injury, cruel mistreatment or undue death (A.R.S. § 13-2910).

Provisions

1. Increases the bond, from $25 to $500 per animal, that a person must post with the court to cover the cost of care for an animal that was properly seized by a peace officer, county enforcement agent or animal control officer. (Sec. 1)

2. Makes a technical change. (Sec. 1)

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6. SB 1033

7. Initials BSR Page 0 Land, Agriculture & Rural Affairs

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