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ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1234

 

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 actions that are considered cruelty to animals if intentionally, knowingly or recklessly committed. Cruelty to animals includes: 1) subjecting any animal under the person's custody or control to cruel neglect or abandonment; 2) failing to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control; 3) subjecting any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal; 4) subjecting a domestic animal to cruel mistreatment; and 5) killing a domestic animal without either legal privilege or consent of the domestic animal's owner or handler. A person who commits cruelty to animals by an intentional, knowing or reckless act is subject to a criminal penalty ranging from a class 1 misdemeanor to a class 5 felony (A.R.S. ยง 13-2910).

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

Provisions

1.   Specifies that cruelty to animals includes failing to provide medical attention necessary to prevent unreasonable, rather than protracted, suffering to any animal under the person's custody or control.

2.   Modifies, the definition of cruel neglect, to include the failure to provide an animal with necessary and adequate, rather than only necessary, food, water and shelter and the failure to provide a domestic animal with the following:

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 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 or is under the custody or control of a person who has no permanent place of residence, 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 and lie down in a natural manner and allows the dog to maintain normal body temperature;

d)   is maintained in a manner that minimizes the risk of disease.

3.   Modifies the definition of domestic animal to include a bird, reptile or amphibian that is kept primarily as a pet or companion or that is bred to be a pet or companion.

4.   Becomes effective on the general effective date.

Prepared by Senate Research

February 17, 2025

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