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HB2997 - 572R - I Ver
REFERENCE TITLE:
animal abuse; animal neglect; classification
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2997
Introduced by
Representative
Kupper
AN
ACT
amending section 13-2910, Arizona
Revised Statutes; amending section 13-2910.11, Arizona Revised Statutes,
as added by laws 2021, chapter 366, section 1; repealing section 13-2910.11,
Arizona Revised Statutes, as amended by laws 2025, chapter 255, section 2;
relating to cruelty to animals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2910, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-2910.
Cruelty to animals; animal abuse; animal neglect; interference
with working or service animal; release conditions; classification; definitions
A. A person commits cruelty to animals if the person
does any of the following:
1. Intentionally, knowingly or recklessly subjects
any animal under the person's custody or control to cruel neglect or
abandonment.
2. Intentionally, knowingly or recklessly fails to
provide medical attention necessary to prevent protracted suffering to any
animal under the person's custody or control.
3. Intentionally, knowingly or recklessly inflicts
unnecessary physical injury to any animal.
4. Recklessly subjects any animal to cruel
mistreatment.
5. Intentionally, knowingly or recklessly kills any
animal under the custody or control of another person without either legal
privilege or consent of the owner.
6. Recklessly interferes with, kills or harms a
working or service animal without either legal privilege or consent of the
owner.
7. Intentionally, knowingly or recklessly leaves an
animal unattended and confined in a motor vehicle and physical injury to or
death of the animal is likely to result.
8. Intentionally or knowingly subjects any animal
under the person's custody or control to cruel neglect or abandonment that
results in serious physical injury to the animal.
9. Intentionally or knowingly subjects any animal to
cruel mistreatment.
10. Intentionally or knowingly interferes with a
working or service animal without either legal privilege or consent of the
owner.
11. Intentionally or knowingly kills or seriously
harms a service animal without either legal privilege or consent of the owner.
12. Intentionally or knowingly allows any dog that
is under the person's custody or control to interfere with, kill or cause
physical injury to a service animal.
13. Recklessly allows any dog that is under the
person's custody or control to interfere with, kill or cause physical injury to
a service animal.
14. Intentionally or knowingly obtains or exerts
unauthorized control over a service animal with the intent to deprive the
service animal handler of the service animal.
15. Intentionally or knowingly subjects a domestic
animal to cruel mistreatment.
16. Intentionally or knowingly kills a domestic
animal without either legal privilege or consent of the domestic animal's owner
or handler.
17. 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.
18. Intentionally, knowingly or recklessly fails to
provide medical attention necessary to prevent unreasonable suffering to any
domestic animal under the person's custody or control.
19. Intentionally or knowingly kills or causes
serious harm to a working animal without either legal privilege or consent of
the owner.
20. Intentionally, knowingly or
recklessly tethers or restrains a dog if any of the following applies:
(
a
) The manner
of the tether or restraint causes injury, undue suffering or exposure to
dangerous weather.
(
b
) The dog is
outdoors unattended without adequate water, shade and shelter during periods of
extreme heat or cold.
(
c
) The dog is
outdoors for more than ten consecutive hours within a twenty-four-hour
period.
(
d
) The
temperature is greater than one hundred degrees fahrenheit or is less than
thirty-two degrees fahrenheit.
21. Intentionally, knowingly or
recklessly places a dog in a crate or shelter unless the crate or shelter is
both:
(
a
) Large
enough for the dog to comfortably stand, turn around and lie down.
(
b
) Free from
hazards, including exposed wire, sharp metal or toxic materials.
B. A person commits:
1. Animal abuse in the second degree
if the person recklessly causes physical injury to an animal or subjects an
animal to cruel mistreatment resulting in physical injury.
2. Animal abuse in the first degree
if the person intentionally or knowingly causes physical injury to an animal or
subjects an animal to cruel mistreatment resulting in physical injury.
3. Aggravated animal abuse if the
person with depravity of mind or for the purpose of causing prolonged pain,
distress or suffering maliciously or intentionally tortures, mutilates or kills
an animal.
4. Animal neglect in the second
degree if the person fails to provide minimum care for an animal, including
sufficient food, potable water, shelter that is appropriate for the climate,
sanitary conditions, ventilation and necessary veterinary care.
5. Animal neglect in the first degree
if the person fails to provide minimum care for an animal, including sufficient
food, potable water, shelter that is appropriate for the climate, sanitary
conditions, ventilation and necessary veterinary care and that failure results
in serious physical injury to or death of the animal.
B.
C.
In
addition to any justification defense that is applicable pursuant to chapter 4
of this title, it is a defense to subsection A
or B
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.
D.
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.
4. Veterinary or animal research
practices that are conducted in compliance with professional or regulatory
standards.
5. Humane euthanasia that is
performed by a veterinarian who is licensed pursuant to title 32, chapter 21 or
an animal control enforcement agent or animal control enforcement deputy.
6. Pest control that is performed
pursuant to title 3, chapter 20.
D.
E.
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.
F.
A
person who is convicted of a violation of subsection A, paragraph 6, 10, 11 or
19 of this section is liable as follows:
1. If the working or service animal was injured,
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.
F.
G.
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.
H.
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.
I.
A person who violates subsection A, paragraph 1,
2, 3, 4, 5, 6, 7, 13, 17
,
or
18
, 20 or 21
of this section is guilty of a class
1 misdemeanor.�
A person who violates subsection A, paragraph 8, 9, 10, 12 or 14 of this
section is guilty of a class
6 felony.� A person who violates subsection
A, paragraph
8, 9, 10,
11,
12, 14,
15,
16 or 19 of this section is guilty of a class 5 felony.
j. A person who commits a second or
subsequent violation of subsection A, paragraph 20 of this section is guilty of
a class 5 felony unless the violation results in the death of the dog, in which
case it is a class 4 felony.
k. A
person who violates subsection B, paragraph 3 of this section is guilty of a
class 4 felony. A person who violates subsection B, paragraph 2 of
this section is guilty of a class 5 felony.� A person who violates subsection
B, paragraph 1 of this section is guilty of a class 6 felony.� A person who
violates subsection B, paragraph 5 of this section is guilty of a class 1
misdemeanor, except that if the violation involved more than one animal, it is
a class 6 felony. A person who violates subsection B, paragraph 4 of this
section is guilty of a class 2 misdemeanor.
l. Unless a person is convicted of a
class 4 felony for a violation of this section, a person who is convicted of a
violation of this section shall be sentenced for the next higher class of
offense than that for which the person is currently convicted if one of the
following applies:
1. The violation is committed in the
immediate presence of a minor.
2. The violation involves eleven or
more animals.
3. The person is convicted of a
second or subsequent violation of subsection A or B of this section.
m. On conviction for a violation of
subsection A or B or this section, the court shall order:
1. The forfeiture of each animal that
was subject to the cruelty, abuse or neglect.
2. Restitution to be paid to a person
who incurred costs for veterinary care, transportation, housing or
rehabilitation of seized or injured animals. If the offense involved
injury to or the death of a service animal or working animal, the owner or
handler of the service animal or working animal may bring a civil action for
damages, including veterinary expenses, replacement costs and lost wages.
I.
n.
For
the purposes of this section:
1. "Animal" means a mammal, bird, reptile
,
or
amphibian
or fish
.
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 or to fail to provide a
domestic animal with any of the following:
(a) Except for a dog that primarily resides
outdoors, access to shelter that is necessary and adequate.
(b) For a dog that primarily resides outdoors,
except while
a
the
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 meets all of the following
requirements:
(i) Has a natural or artificial cover that is
accessible throughout the year.
(ii) Is maintained in good repair, is of sufficient
size to protect the dog from injury and allows the dog to stand, turn around,
lie down in a natural manner and maintain normal body temperature.
(iii) Is maintained in a manner that minimizes the
risk of disease, infestation or parasites.
4. "Domestic animal" means a mammal, bird,
reptile or amphibian, 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.
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.
END_STATUTE
Sec. 2. Section 13-2910.11, Arizona Revised
Statutes, as added by Laws 2021, chapter 366, section 1, is amended to read:
START_STATUTE
13-2910.11.
Unlawful animal ownership or possession; transfer of animals;
restoration of right to possess animals; classification; good cause exception;
definitions
A. It is unlawful for a person who has been
convicted of any of the following offenses to own, possess, adopt, foster,
reside with or otherwise intentionally contact, care for or have custody of any
animal in the person's household:
1. An intentional or knowing violation of
cruelty to animals pursuant to
section 13-2910
, subsection A, paragraph 1, 2, 3, 7, 8, 9, 11, 14 or 15
.
2. Cruelty to animals pursuant to
section 13-2910, subsection A, paragraph 4.
3.
2.
Animal
fighting pursuant to section 13-2910.01.
4.
3.
Bestiality
pursuant to section 13-1411.
B. Except as provided in subsection D of this
section, the prohibitions listed in subsection A of this section shall remain
in place for the following amount of time:
1. For a first misdemeanor conviction, at least five
years.
2. For a first felony conviction or a second or
subsequent misdemeanor conviction, at least ten years.
3. For a second or subsequent felony conviction, for
the person's lifetime.
C. Within thirty days after a person is prohibited
from possessing an animal pursuant to this section, the person shall transfer
all animals in the person's care or custody to another person who is not in the
person's household.
D. On proper application and not less than one year
after the person is convicted of a misdemeanor violation of an offense listed
in subsection A of this section or two and one-half years after the
person is convicted of a felony violation
of an offense listed in subsection A of this section
, the
person may apply to have the person's right to possess an animal
restored. Any time spent on absconder status while on probation, on
escape status or incarcerated is excluded in calculating the minimum time requirement. The
person may apply to the judge, justice of the peace or magistrate who
pronounced sentence or imposed probation or the
successor in
office of the
judge, justice of the peace or
magistrate's
successor in office
magistrate
. The
applicant shall serve a copy of the application on the
prosecutor. The court shall conduct a hearing on the request within
sixty days after the application is filed.� The defendant bears the burden by a
preponderance of evidence at the hearing. To assist the court in making
a determination, the court shall require the person to complete a psychiatric
or psychological examination and undergo counseling, if necessary, before
restoring the person's right to possess an animal. The court may
terminate or reduce the time period required by subsection B of this section on
a finding that:
1. The applicant does not present a danger to self,
the animal's immediate family and the public.
2. The applicant has the ability to properly care
for all animals in the applicant's possession.
3. The applicant has successfully completed all
classes or counseling that was ordered by the sentencing court.
E. A convicted person who lives in a household with
an animal that is owned, possessed, adopted or fostered by another person in
the household may apply to the court for a good cause exception.� A good cause
exception is valid for one year and allows the convicted person to reside in
the same household as an animal. The convicted person may request
the court to renew a good cause exception sixty days before the good cause
exception expires.� The court may grant a good cause exception or renew a good
cause exception if all of the following apply:
1. The convicted person is on supervised or
unsupervised probation, community supervision or parole or agrees to be subject
to the court's jurisdiction and supervision while living in the household.
2. The court determines that it is in the best
interests of the animal and the person who owns, possesses, adopts or fosters
the animal to allow the convicted person to remain in the same household and
reside with the animal.
3. The convicted person agrees to not intentionally
contact, care for or have custody of the animal.
F. A person who violates this section is guilty of a
class 1 misdemeanor.
G. For the purposes of this section:
1. "Animal":
(a) Means any domesticated dog or cat.
(b) Does not include livestock as defined in section
3-1201 or wildlife as defined in section 17-101.
2. "Household" includes all of the persons
who occupy a housing unit as the person's usual place of residence, including
all of the following:
(a) The related family members and all unrelated
persons, if any, such as lodgers, foster children, wards or employees who share
the housing unit.
(b) A person who lives alone in a housing unit or a
group of unrelated persons sharing a housing unit such as partners or roomers.
3. "Housing unit" means a house, an
apartment, a mobile home or trailer, a group of rooms or a single room occupied
as separate living quarters for a household and includes any front, side or
rear yards and any garages and detached garages that are under the control of
the household.
END_STATUTE
Sec. 3.
Repeal
Section 13-2910.11, Arizona Revised
Statutes, as amended by Laws 2025, chapter 255, section 2, is repealed.