HB 2324 — animal cruelty; classification

14.

Intentionally or knowingly subjects a domestic animal to cruel mistreatment.

- 1 - H.B.

2324 15.

Intentionally or knowingly kills a domestic animal without either legal privilege or consent of the domestic animal's owner or handler.

16.

Intentionally or knowingly harasses a working animal that is in a law enforcement vehicle or trailer without either legal privilege or consent of the owner.

B.

It is a defense to subsection A of this section if:

1.

Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed and the poison is removed by the person exposing the poison after the threat to the person or the person's livestock or poultry has ceased to exist.

The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry.

The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger" or "warning".

2.

Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in section 17-101.

C.

This section does not prohibit or restrict:

1.

The taking of wildlife or other activities permitted by or pursuant to title 17.

2.

Activities permitted by or pursuant to title 3.

3.

Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.

D.

A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection A, paragraph 7 of this section.

E.

A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this section is liable as follows:

1.

If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.

2.

To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.

3.

To the owner for the owner's contractual losses with the agency.

- 2 - H.B.

2324 F.

An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section, except that any ordinance adopted shall not prohibit or restrict any activity involving a dog, whether the dog is restrained or not, if the activity is directly related to the business of shepherding or herding livestock and the activity is necessary for the safety of a human, the dog or livestock or is permitted by or pursuant to title 3.

G.

If a judicial officer orders the release of a person who is currently serving a term of probation for a violation of this section and who is charged with a new violation of this section on the person's own recognizance or on the execution of bail, the judicial officer shall impose a condition of release that prohibits the person from possessing or having contact with any animal.

H.

A person who violates subsection A, paragraph 14 or 15 of this section is guilty of a class 5 felony."felony. Line 23, strike "8, 9, 10, 11, 13, 14 0R 15" insert "10";

afterI. "SECTION" insert "IS GUILTY OF A CLASS 4 FELONY IF THE PERSON INTENTIONALLY OR KNOWINGLY KILLS A WORKING ANIMAL, AND THE PERSON" Line 26, after the period insert "FOR THE PURPOSES OF THIS SUBSECTION, "WORKING ANIMAL" MEANS A POLICE DOG ACTING IN THE LINE OF DUTY." Amend title to conform KEVIN PAYNE 2324PAYNE1.docx 02/02/2024 09:39 AM C:

JBA PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 10 OF THIS SECTION IS GUILTY OF A CLASS 4 FELONY IF THE PERSON INTENTIONALLY OR KNOWINGLY KILLS A WORKING ANIMAL, AND THE PERSON SHALL BE SENTENCED TO SERVE NOT LESS THAN ONE YEAR IN PRISON AND IS NOT ELIGIBLE FOR PROBATION OR SUSPENSION OF EXECUTION OF SENTENCE UNTIL THE ENTIRE SENTENCE IS SERVED.

FOR THE PURPOSES OF THIS SUBSECTION, "WORKING ANIMAL" MEANS A POLICE DOG ACTING IN THE LINE OF DUTY.

I.

J.

For the purposes of this section:

1.

"Animal" means a mammal, bird, reptile or amphibian.

2.

"Cruel mistreatment" means to torture or otherwise inflict unnecessary serious physical injury on an animal or to kill an animal in a manner that causes protracted suffering to the animal.

3.

"Cruel neglect" means to fail to provide an animal with necessary food, water or shelter.

4.

"Domestic animal" means a mammal, not regulated by title 3, that is kept primarily as a pet or companion or that is bred to be a pet or companion.

5.

"Handler" means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.

- 3 - H.B.

2324 6.

"Harass" means to engage in conduct that a reasonable person would expect to impede or interfere with a working animal's performance of its duties.

7.

"Service animal" means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.

8.

"Working animal" means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.

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