HB 2873
Initials EB/BSR Page 1 Land, Agriculture & Rural Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2873: animal abandonment; duty to report
Sponsor: Representative Diaz, LD 19
Committee on Land, Agriculture & Rural Affairs
Overview
Makes changes and additions to statute relating to the abandonment of animals
History
Under the current criminal code, a person commits animal cruelty by intentionally,
knowingly or recklessly subjecting an animal to:
1) cruel neglect or abandonment;
2) inflicts unnecessary physical injury;
3) cruel mistreatment;
4) death or harm without legal privilege;
5) confinement in a motor vehicle;
6) failing to provide necessary medical attention to prevent prolonged suffering; or
7) interfering with a service or working animal, as applicable (A.R.S § 13-2910).
A person who violates Arizona's animal cruelty laws is guilty of either a:
1) class 5 felony for intentionally or knowingly subjecting a domestic animal to cruel
mistreatment or death without legal privilege;
2) class 6 felony for intentionally or knowingly subjecting an animal under the person's
custody to cruel neglect resulting in serious physical injury or interfering with a
service or working animal; or
3) class 1 misdemeanor for intentionally, knowingly or recklessly subjecting an animal
under the person's custody to cruel neglect or interfering with a service or working
animal. (A.R.S. § 13-2910).
A sentence of probation, a fine or imprisonment is fixed by the courts as follows:
1) Class 5 felony includes either 3-year probation, jailtime between .5-2.5 years (first
time offense) or if a dangerous felony 4-6 years;
2) Class 5 felony includes either 3-year probation, jailtime between .33-2 years (first time
offense) or if a dangerous felony 3-4.5 years; or
3) Class 1 misdemeanor includes either 3-year probation, $2,500 fine or a maximum of 6
months jailtime. (A.R.S. §§ 13-702, 13-707, 13-802, 13-902).
A person convicted of an animal cruelty offense is prohibited from owning, possessing,
adopting, fostering, residing with or intentionally contacting or having custody of any animal
in the person's household (A.R.S. § 13-2910.11).
Animal means a mammal, bird, reptile or amphibian (A.R.S. § 13-2910).
HB 2873
Initials EB/BSR Page 2 Land, Agriculture & Rural Affairs
Provisions
1. Adds to existing statute that any abandoned animal, in addition to any stray dog, must
be impounded and that all impounded animals must be given proper care and
maintenance. (Sec. 1)
2. Adds that a person commits animal cruelty by intentionally or knowingly:
a) releasing a domestic animal or horse into the wild, a remote area or on land or
property that is not under the direct ownership or control of the owner or owner's
agent; or
b) abandoning an animal. (Sec. 2)
3. Outlines penalties that may be imposed for this form of animal cruelty. (Sec. 2)
4. Requires a property manager or landlord to report all abandoned animals to the
appropriate law enforcement agency and impose a $1,000 civil penalty for a property
manager or landlord who fails to do so. (Sec. 3 and 4)
5. Defines abandonment. (Sec. 2)
6. Makes technical and conforming changes (Sec. 1 and 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note