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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
animal cruelty;
classification
(NOW: county animal control agencies; bequests)
Purpose
Increases criminal penalties associated with animal cruelty offenses.
Background
Statute specifies that a person commits cruelty to animals if a person: 1) recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner; 2) intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner; 3) intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal; 4) recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal 5) intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal; or 6) intentionally or knowingly harasses a working animal that is in a law enforcement vehicle or trailer without either legal privilege or consent of the owner.
Service animal means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public. Working animal means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler (A.R.S. § 13-2910).
Statute states that conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct. An accused person may not assert this defense if the person intentionally, knowingly or recklessly placed himself in the situation in which it was probable that the person would have to engage in the proscribed conduct (A.R.S. § 13-417).
According to the Joint Legislative Budget Committee (JLBC), S.B. 1198 could increase operating costs to the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) due to longer sentences for offenders. This increase would depend on the number of individuals charged under the revised sentencing requirements. JLBC estimates the impact will be minimal, as data from the Administrative Office of the Courts indicates nine persons were convicted under the current sentencing requirement during calendar year 2024 (JLBC Fiscal Note).
Provisions
1. Increases the penalty for intentionally or knowingly causing serious harm to a working animal from a class 6 felony to a class 5 felony.
2. Increases the penalty for intentionally or knowingly killing a working animal from a class 6 felony to a class 4 felony.
4. Exempts intentionally or knowingly killing or seriously harming a working or service animal from classification as animal cruelty if the action was taken because a person had no reasonable alternative to avoid imminent injury greater than that which might reasonably result from the person's own conduct.
5. Modifies the cruelty to animals criminal classification by making killing or seriously harming a service animal its own offense.
6. Adds injuring a working or service animal to the list of crimes that make a person liable for certain costs, including training and replacement costs of a new animal.
7. Makes conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Exempts intentionally or knowingly killing or seriously harming a working or service animal from classification as animal cruelty if the action was taken because a person had no reasonable alternative to avoid imminent injury greater than that which might reasonably result from the person's own conduct.
2. Adopted the strike-everything amendment.
Senate Action
JUDE 2/19/25 DPA/SE 6-1-0
Prepared by Senate Research
April 7, 2025
ZD/AW/ci