ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 


HB 2355: animal abuser registration; penalties

Sponsor:  Representative Kavanagh, LD 23

Committee on Judiciary

Overview

Establishes the central animal abuser registry. Establishes criminal and civil penalties for failure to comply with the central animal abuser registry requirements.

History

Except in regards to the permitted taking of wildlife or other activities in title 17, agricultural activities and activities regulated by the Arizona game and fish department or the Arizona department of agriculture, current statute prohibits and punishes the following:

1)   Knowingly subjecting an animal in a person’s custody to cruel neglect or abandonment that results in serious physical injury as a class 6 felony;

2)   Knowing cruel mistreatment of any animal as a class 6 felony; 

3)   Knowing cruel mistreatment of a domestic animal as a class 5 felony; 

4)   Knowingly allowing a dog under an individual’s custody to interfere with, injure or kill a service animal as a class 6 felony; or 

5)   Knowingly killing a domestic animal without either legal privilege or consent of the domestic animal’s owner or handler as a class 5 felony (A.R.S. § 13-2910).

Except for permitted agricultural activities and animals trained in and engaging in the protection of livestock, current statute also prohibits animal fighting and classifies it as a class 5 felony (A.R.S. § 13-2910.01).

Provisions

1.   Requires a resident or nonresident of the state who is at least 18 years of age and is convicted of or found guilty except insane for any of the following offenses in this state or another jurisdiction to register with the Department of Public Safety (Department) for five years for the individual’s first conviction and ten years for the individual’s second or subsequent conviction: 

a)   Knowingly subjects an animal under the individual’s control to cruel neglect or abandonment that results in serious physical injury to the animal;

b)   Knowingly subjects any animal to cruel mistreatment;

c)   Knowingly subjects a domestic animal to cruel mistreatment; 

d)   Knowingly allows a dog under the individual’s control to interfere with, injure, or kill a service animal; 

e)   Knowingly kills a domestic animal without either legal privilege or consent of the domestic animal's owner or handler;

f) Animal fighting; and 

g)   Bestiality. (Sec. 1)

 

2.   Mandates an individual required to register with the Department to sign or affix an electronic fingerprint to a statement providing the following information:

a)    All names by which the person is known;

b)   A current photograph which must be updated every five years if the individual is required to register for more than five years;

c)   Physical address location and the physical residence location, which must be updated within 30 days of moving to a new residence; and

d)   Any additional information required by the director of the Department. (Sec. 1)

3.   Directs, effective January 1, 2022, the Department to establish and maintain a central animal abuser registry. (Sec. 1)

4.   Establishes a class 1 misdemeanor penalty for failure to register for the central animal abuse registry when required or failure to provide updated information as required. (Sec. 1)

5.   Outlines the information to be collected and publicly shared on the central animal abuser registry. (Sec. 1)

6.   Prohibits an individual from knowingly selling or transferring a companion animal to an individual listed in the central animal abuser registry with a civil penalty of at least $1,000 for a violation (Sec. 1)

7. Defines animal as any domesticated dog or cat and does not include livestock or wildlife as defined in statute. (Sec. 1)

 

 

 

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                  HB 2355

Initials LC/PN        Page 0 Judiciary

 

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