AMENDING TITLE 11, CHAPTER 7, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-1014.01; AMENDING SECTIONS 11-1022 AND 13-1208, ARIZONA REVISED STATUTES; RELATING TO HANDLING OF ANIMALS.

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

Section 1. Title 11, chapter 7, article 6, Arizona Revised Statutes, is amended by adding section 11-1014.01, to read:

11-1014.01. Aggressive dogs; reasonable care requirements; violation; classification; definitions

A. A person who owns or who is responsible for the care of an aggressive dog shall take reasonable care to:

1. Prohibit the dog from escaping to the outside of a residence or an enclosed area, yard or structure.

2. Control the dog in a manner that prevents the dog from biting or attacking a person or domestic animal at all times while the dog is off the owner's or responsible person's property.

B. This section does not apply to any of the following:

1. A dog that is owned by a governmental agency and that is being used in military or police work.

2. A service animal as defined in section 11-1024.

3. A dog that is involved in an otherwise lawful act of hunting, ranching, farming or other agricultural purpose.

C. A violation of subsection A, paragraph 2 of this section is a class 1 misdemeanor. A violation of subsection A, paragraph 1 of this section is a class 3 misdemeanor.

D. For the purposes of this section:

1. "Aggressive dog" means any dog that has bitten a person or domestic animal without provocation or that has a known history of attacking persons or domestic animals without provocation.

2. "Reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances.

13-1208. Assault; vicious animals; classification; exception; definition

A. A person who intentionally or knowingly causes any dog to bite and inflict serious physical injury on a human being or otherwise cause serious physical injury to a human being is guilty of a class 3 felony, unless the person would be justified in using physical force or deadly physical force in self-defense or defense of a third person pursuant to chapter 4 of this title.

B. A person who owns a dog 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 human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and that bites, inflicts physical injury on or attacks a human being while at large is guilty of a class 5 felony.

C. A person who owns or who is responsible for the care of a dog that the owner or responsible person knows or has reason to know has a history of biting or a propensity to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and who does not take reasonable care to prohibit the dog from escaping to the outside of a residence or enclosed area, yard or structure is guilty of a class 1 misdemeanor.

D. This section does not apply to dogs that are owned or used by a law enforcement agency and that are used in the performance of police work.

E. For the purposes of this section, "reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances.

APPROVED BY THE GOVERNOR APRIL 25, 2011.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2011.

Here is Fabian's Law

AMENDING TITLE 11, CHAPTER 7, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-1014.01; AMENDING SECTIONS 11-1022 AND 13-1208, ARIZONA REVISED STATUTES; RELATING TO HANDLING OF ANIMALS.