ARIZONA STATE SENATE

ANNA WHITNEY

LEGISLATIVE RESEARCH INTERN

 

ZACHARY DEAN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY & ELECTIONS COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

 

 

TO:                  MEMBERS OF THE SENATE

                        JUDICIARY & ELECTIONS COMMITTEE

DATE:            February 17, 2025

SUBJECT:      Strike everything amendment to S.B. 1198, relating to animal cruelty; classification


 


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. ยง 13-2910).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

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.

3.   Increases the penalty for intentionally or knowingly killing or seriously harming a service animal from a class 6 felony to a class 5 felony.

4.   Modifies the cruelty to animals criminal classification by making killing or seriously harming a service animal its own offense.

5.   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.

6.   Makes conforming changes.

7.   Becomes effective on the general effective date.