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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
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 several conditions that are classified as cruelty to animals such as
intentional neglect, intentional harm or intentional death of an animal.
Current statute defines cruel neglect as failing to provide an animal
with necessary food, water or shelter. A person who commits cruelty to animals
or commits cruel neglect is guilty of a class 1 misdemeanor (A.R.S.
§ 13-2910). Cases of animal cruelty can be reported to city or county
police or to the Arizona Humane Society (AHS). In 2023, the AHS initiated
nearly 10,000 animal abuse investigations, representing a 21 percent increase
from the previous year (AHS).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Broadens the condition of cruelty to animals to failing to provide medical attention necessary to prevent unreasonable, rather than protracted, suffering to any animal under the person's custody or control.
2. Adds to the definition of cruel neglect to fail to provide an animal with:
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 an animal, other than a dog that primarily resides outdoors, access to shelter that is necessary and adequate; and
d) 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, lie down in a natural manner and allows the dog to maintain normal body temperature;
iii. has bedding material that protects the dog from extreme weather conditions and that has adequate ventilation and drainage; and
iv. is maintained in a manner that minimizes the risk of disease, infestation or parasites.
3. Defines extreme weather conditions as:
a) the actual or effective outdoor temperature is below 32 degrees Fahrenheit or above 120 degrees Fahrenheit;
b) a heat advisory has been issued by a local, state or national authority for the area; and
c) a monsoon, hurricane, tropical storm, dust storm or tornado warning has been issued for the area by a local, state or national authority.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
RA/KP/slp