ARIZONA STATE SENATE

RESEARCH STAFF

 

 

 

TO:                  SENATOR TIMOTHY S. BEE        

 

DATE:                        April 19, 2006

 

SUBJECT:      House changes memo to S.B. 1160 - community facilities districts; financing

                        (NOW: animal welfare; rescue; bestiality)

 

________________________________________________________________________________                                                                                                                                                            

           

            As passed by the Senate, S.B. 1160 authorizes a county-formed community facilities district to levy a property tax and issue general obligation bonds to fund school construction.

 

            The House of Representatives amended the bill by adopting a strike-everything amendment.

 

Purpose

 

            Establishes the crime of bestiality and makes an animal owner liable for costs associated with animal rescue if the owner is convicted of animal cruelty.

 

Background

 

Animal Cruelty

 

            There are thirteen ways to commit animal cruelty.  Examples include intentionally, knowingly or recklessly subjecting any animal under the person’s custody or control to cruel neglect or abandonment or leaving an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.  In certain instances, a person is liable for various costs if the animal that was killed or disabled was a service or working animal, however, current statute does not impose liability for the various costs in any other instances of animal cruelty (A.R.S. § 13-2910).

 

Bestiality

 

            The infamous crime against nature was an Arizona crime that had previously concerned various acts such as sodomy and bestiality at different points in history.  Before the law was repealed in 2001, a person who knowingly and without force committed the infamous crime against nature with an adult was guilty of a class 3 misdemeanor (See Laws 2001, Ch. 382 § 1 repealing the infamous crime against nature).  In 2001, the crime only concerned acts with adult humans, but prior to 1985, the act concerned bestiality among other things (See Laws 1985, Ch. 364 § 22 adding the term “with an adult”). 

 

            Under current statute, the only bestiality-like statute is found in the public indecency statute, which states a person commits public sexual indecency by intentionally or knowingly engaging in an act involving contact between the person’s mouth, vulva or genitals and the anus or genitals of an animal, if

 

another person is present, and the defendant is reckless about whether such other person, as a reasonable person would be offended or alarmed by the act.  Public sexual indecency is a class 1 misdemeanor, except public sexual indecency to a minor is a class 5 felony (A.R.S. § 13-1403).

 

            There is no anticipated fiscal impact associated with this legislation.

 

Provisions

 

1.      Makes an owner liable to the state or a political subdivision for the expenses incurred by the state or political subdivision in rescuing animals that belong to the owner if the animals have been cruelly treated or neglected and the owner has been convicted of animal cruelty.

 

2.      Defines the crime of bestiality as a person intentionally or knowingly doing either of the following:

a)      engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.

b)      causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.

 

3.      Classifies bestiality as a class 6 felony, except that causing a minor under 15 years of age to engage in bestiality is a class 3 felony punishable as a dangerous crime against children.

 

4.      Permits the court to order a person convicted of bestiality to do any of the following:

a)      not harbor or own animals or reside in any household where animals are present.

b)      undergo a psychological assessment and participate in appropriate counseling at the convicted person’s own expense.

c)      reimburse an animal shelter for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of the bestiality.

 

5.      Specifies that bestiality does not apply to the following:

a)      accepted veterinary medical practices by a licensed veterinarian or veterinary technician.

b)      insemination of animals by the same species, bred for commercial purposes.

c)      accepted animal husbandry practices that provide necessary care for animals bred for commercial purposes.

 

6.      Defines “animal” as a mammal, bird, reptile or amphibian, either dead or alive.

 

7.      Becomes effective on the general effective date.

 

Senate Action                                                             House Action

 

GOV               1/26/06    DPA   7-0-0-0                     CMMA           3/28/06     DPA/SE     10-0-0-2

3rd Read         2/7/06                 26-2-2-0                   WM                 3/27/06     W/D

                                                                                    3rd Read         4/19/06                        51-2-7-0

JE/ac

cc:  All Senators