PREFILED    JAN 08 2014

REFERENCE TITLE: animal abuse; prohibited animal ownership

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2022

 

Introduced by

Representative Kavanagh

 

 

AN ACT

 

amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13-2910.10; relating to offenses against public order.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2910.10, to read:

START_STATUTE13-2910.10.  Prohibition on animal ownership; ownership transfer; application to restore right of ownership; classification

A.  A person who is convicted of an offense listed in this subsection shall not adopt, foster, own or otherwise have care or custody of any animal in the person's household:

1.  An intentional or knowing violation of section 13-2910, subsection A, paragraph 1, 2 or 3.

2.  A violation of section 13-2910, subsection A, paragraph 4 or 9, section 13‑2910.01 or section 13-2910.03.

3.  A second or subsequent violation of section 13-2910.09.

B.  Within ninety days after a person is prohibited from possessing an animal pursuant to this section, the person shall transfer all animals in the person's care or custody to another person who is not in the person's household.

C.  On proper application and not less than two years after the person is convicted of a violation of an offense listed in subsection A of this section, the person may have the person's right to possess an animal restored unless the person was convicted of a second or subsequent violation of an offense listed in subsection A, paragraph 1 or 2 of this section or a third or subsequent violation of section 13-2910.09.  Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating the five years.  The person may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office.  The court shall serve a copy of the application on the prosecutor. 

D.  A person who violates this section is guilty of a class 1 misdemeanor. END_STATUTE