Bill Text: AZ HB2588 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced


Bill Title: Animal abuser registration; penalties

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-11 - House read second time [HB2588 Detail]

Download: Arizona-2019-HB2588-Introduced.html

 

 

 

REFERENCE TITLE: animal abuser registration; penalties

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

HB 2588

 

Introduced by

Representative Kavanagh

 

 

AN ACT

 

Amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13-2910.10; relating to animal abuse.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2910.10, to read:

START_STATUTE13-2910.10.  Central animal abuser registration; central animal abuser registry; civil penalty; violation; classification; definitions

A.  A person who is at least eighteen years of age and who has been convicted of a violation or attempted violation of any of the following felony offenses or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following felony offenses or who is required to register by the convicting jurisdiction, within five calendar days after the conviction or within five calendar days after entering and remaining in this state, shall register with the department of public safety:

1.  Cruelty to animals pursuant to section 13-2910, subsection A, paragraph 8 or 9.

2.  Animal fighting pursuant to section 13-2910.01.

B.  On the first conviction of an offense listed in subsection a of this section, a person shall register for two years.  On the person's second or subsequent conviction of an offense listed in subsection a of this section, the person shall register for five years.

C.  The clerk of the court in the county in which a person is convicted of an offense listed in subsection a of this section shall provide the department of public safety with a copy of the judgment and the convicted person's date of birth within five calendar days after entry of the judgment.

D.  Beginning from and after December 31, 2019, the department of public safety shall maintain a central animal abuser registry that contains the names and registration information of every person who is required to register pursuant to this section.  The department of public safety shall make the central animal abuser registry available on its website and shall promptly answer any written, telephone and in‑person requests to search the central animal abuser registry.  The registry shall be searchable by name and location.  The animal abuser's information shall remain in the registry for as long as the person is required to register, unless the abuser's conviction is set aside pursuant to section 13‑907. The department of public safety shall remove the person's name and all other information after the period of time prescribed by subsection B of this section unless the person is subsequently convicted of an offense that requires registration.

E.  The central animal abuser registry shall include all of the following information:

1.  The photograph of the convicted person.

2.  The convicted person's full legal name.

3.  Any other information that is necessary to properly identify the person.

F.  The central animal abuser registry may not contain the person's social security number, driver license number or other state or federal identification number.

G.  From and after December 31, 2019, any person or any employee, volunteer or authorized agent of an organization that sells, gives or adopts out to another or that transfers or exchanges for compensation three or more animals in one year shall conduct a search of the central animal abuser registry, checking for the name and address of every person who is requesting to adopt, buy or own a companion animal.  An animal may not be sold, gifted, adopted out or transferred to a person who is listed in the central animal abuser registry.

H.  A person who fails to register pursuant to subsection a of this section is guilty of a class 4 felony.

I.  A person who knowingly sells, gifts, adopts or transfers an animal to a person who is listed in the central animal abuser registry is subject to a civil penalty of at least $250.

J.  For the purposes of this section:

1.  "Address" means the location where the person receives mail.

2.  "Animal":

(a)  Means companion animal.

(b)  Does not include livestock as defined in section 3-1201 or wildlife as defined in section 17-101.

3.  "Cat" means any animal of the species felis catus.

4.  "Companion animal" means any domesticated dog or cat.

5.  "Dog" means any animal of the species canis familaries. END_STATUTE

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