SB 1026
Initials EB Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: NREW DP 5-1-1-0 | 3
rd
Read 21-5-4-0
House: LARA DP 7-1-0-1
SB 1026: racketeering; cockfighting
Sponsor: Senator Kavanagh, LD 3
Caucus & COW
Overview
Includes animal fighting and cockfighting in the list of acts that constitute racketeering if
committed for financial gain.
History
The criminal code defines racketeering as any act that is chargeable under the laws of the
state or country in which the act occurred and would be chargeable under Arizona law, and
that would be punishable by imprisonment for more than one year, that involves either: 1)
terrorism, animal terrorism or ecological terrorism that results or is intended to result in a
risk of serious physical injury or death; or 2) an extensive list of acts committed for financial
gain. The acts listed in this latter category include, among others, homicide; human
smuggling or trafficking; and various theft- or fraud-based offenses (A.R.S. §13-2301).
The use of racketeering or its proceeds is an element of illegal control of an enterprise and
illegally conducting an enterprise, which are class 3 felony offenses that may be charged as
class 2 felonies if the defendant hires, engages or uses a minor to prepare or complete the
offense (A.R.S. § 13-2312). Additionally, Arizona prosecuting agencies and courts have a
broad range of civil enforcement powers relating to racketeering and illegal control or
conducting of an enterprise, including through property forfeiture and damages recovery on
behalf of a person who is injured the the activity (A.R.S. §§ 13-2313 and 13-2314).
A person commits animal fighting, a class 5 felony, by knowingly: 1) owning, possessing,
keeping or training any animal if the person knows or has reason to know that
the animal will engage in an exhibition of fighting with another animal; 2) for amusement or
gain, causing any animal to fight with another animal, or causing any animals to injure each
other; or 3) permitting any either of these acts to be done on any premises under the person's
charge or control (A.R.S. § 13-2910.01).
A person commits cockfighting, also a class 5 felony, by knowingly: 1) owning, possessing or
training any cock with the intent of it engaging in an exhibition of fighting with another cock;
and 2) causing any cock to fight with another cock or causing any cocks to injure each other
for amusement or gain (A.R.S. § 13-2910.03).
Provisions
1. Adds animal fighting and cockfighting to the list of acts that are included in the definition
of racketeering if committed for financial gain. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note