Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1204
animal seizure; notification; bond; offense
Purpose
Adds to the procedures, regulations and remedies for the proper and lawful seizure and
impound of an animal.
Background
Current statute allows a peace officer, county enforcement agent or animal control officer to
lawfully seize an animal for violation of cruelty to animals. At such a time, the officer or agent must
affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the
notice to the owner or keeper of the animal. The officer or agent must also file proof of service with
the court (A.R.S. § 13-4281). A person commits cruelty to animals for intentionally, knowingly or
recklessly subjecting any animal in the person's custody or control to cruel neglect or abandonment,
unnecessary physical injury, cruel mistreatment or undue death (A.R.S. § 13-2910).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a peace officer, county enforcement agent or animal control officer to seize and
impound an animal:
a) for a violation of cruelty to animals;
b) pursuant to a search warrant or other court process; or
c) if the peace officer, county enforcement agent or animal control officer has reasonable
grounds to believe:
i. the animal is in distress caused by mistreatment, lack of proper food or potable
water, lack of medical treatment, injury, illness, physical impairment or parasites;
ii. the animal's well-being is threatened by a dangerous condition or circumstance;
iii. the seizure is necessary to protect the health or safety of the animal or another
animal; or
iv. the animal is vicious and may be a danger to the safety of any person or other
animal.
2. Specifies that a peace officer, county enforcement agent or animal control officer who lawfully
seizes an animal to include in the notice of seizure that the owner is responsible for the cost of
veterinary, impound and board fees, rather than the cost of care, for an animal that was properly
seized.
3. Increases, from $25 to $500 per animal, the bond amount for an impounded animal that must
be posted by the owner with the court to defray the cost of veterinary, impound and board fees
for the animal. FACT SHEET
S.B. 1204
Page 2
4. Requires the seizing agency, at the postseizure hearing, to establish a preponderance of
evidence that the animal was lawfully seized, rather than to establish evidence that the animal
was subjected to cruel mistreatment, cruel neglect or abandonment or that it will suffer
needlessly if humane destruction is delayed.
5. Adds, to the options of the court, placing the animal, on the finding that the animal was lawfully
seized, for adoption through a county animal care and control agency, an animal welfare
organization, an animal shelter or a suitable home or of humanely euthanizing the animal if a
veterinarian or the court finds that the animal will suffer needlessly if humane euthanasia is
delayed.
6. Deems the animal as abandoned and transfers the rights of the owner of the animal to the
seizing company if the owner or person authorized to keep the animal signs a statement
relinquishing ownership of the animal.
7. Allows the seizing agency to contract with a person, agency or shelter, including a volunteer,
to house, care for and provide necessary medical treatment for an animal that has been seized
and impounded.
8. Outlines the civil procedures and remedies of lawfully seizing an animal to:
a) not require or preclude other enforcement actions on the same facts, including a criminal
prosecution of the owner; and
b) be remedial and not punitive and are not precluded by an acquittal or conviction in a
criminal proceeding.
9. Requires the court, at the conclusion of the seizure hearing, to provide the owner with a notice
of the amount of the bond that is due.
10. Requires the owner of the animal, if the owner appeals an order of the court, to post a bond
that is equivalent to 60 days of impoundment.
11. Assigns the owner of the animal responsibility for all veterinary, impound and board fees that
result from the animal's impoundment until a final decision is made by the court, including the
pendency of an appeal, unless good cause is shown or the owner prevails at postseizure hearing
or ultimately on appeal.
12. Classifies a person who interferes with an officer or agent in the performance of the officer's
or agent's duties while enforcing lawful seizure of an animal or who releases any animal that
is duly seized or impounded, or both, as guilty of a class 1 misdemeanor.
13. Defines vicious as an animal that the owner knows or has reason to know has a history of biting
or a propensity to cause injury or to otherwise endanger the safety of a human being or other
animal without provocation.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
RA/KP/slp