UPDATE 2/15/24: The Arizona warrantless seizure bill was on today’s agenda for the Senate Natural Resources, Energy and Water Committee but it was not heard. Basically, it was tabled/held with no vote due to overwhelming public opposition. Thank you to everyone who submitted comments and made legislators aware of the unintended consequences of this bill.
Senator Bolick of Arizona has introduced Senate Bill 1603 that will allow for warrantless search of private property and seizure of your pet animals. Senate Bill 1204 (Senator Kavanagh and Representative Shah) was also introduced and is almost identical.
Remember, warrants protect us from unreasonable governmental intrusion. As if that is not bad enough, the bills would make it so that, “The formal rules of evidence do not apply and reliable hearsay is admissible in the postseizure hearing.” Please read that last sentence again! “The formal rules of evidence do not apply and reliable hearsay is admissible…”
First, the formal court rules are tossed out the window. This means that the due process that typically exists in court does not apply. Additionally, hearsay is generally inadmissible in court unless a special exception is provided because it is not considered reliable or trustworthy. If this bill passes, hearsay will be good enough for the seizure and State possession of animals in Arizona. Needless to say, this goes against our constitutional rights as Americans.
There is much more wrong with the bill such as committing class warfare against lower-income families who cannot afford court, required bonds, or impound fees. Most Americans could not afford the attorney fees if they chose to challenge one of these seizures. The bill allows for too much subjectivity in assessing the welfare of the animals in question and does not provide for any checks or balances against the agencies in charge.
The also provides that the seizing agency can place the animal with any “person, agency, or shelter, including a volunteer” and the animal owner is responsible for covering all of the costs billed by that party in addition to the legal fees. Just the required bond may be too much for people to fight for their animals. Imagine your pets being seized and then being kept by some random person as allowed in this bill.
This is a bill that sounds good and attempts to protect animals, on the surface. It would be great if actual animal cruelty could be properly addressed faster. However, one must consider that any rogue enforcement officer could seize animals as they see fit whether there is animal cruelty or not. Any animal rights-minded officers could seize healthy animals and claim there were problems. This scenario has already played out. As always, legislative intent is thrown away once bills pass into law and corrupt persons get unlimited control.
SB1204 has a hearing on Thursday, February 15 with the Senate Natural Resources, Energy and Water Committee. Read the agenda at https://www.azleg.gov/agendas/0215012028128.pdf. The hearing starts at 9:00 AM in Senate Hearing Room 2 (SHR2).
Sample Letter
Remember to be civil and professional!
Email list for the Senate Natural Resources, Energy and Water Committee: SKERR@azleg.gov, PSUNDARESHAN@azleg.gov, JMENDEZ@azleg.gov, BFERNANDEZ@azleg.gov, FCARROLL@azleg.gov, TSHOPE@azleg.gov, DGOWAN@azleg.gov
Subject line: NO to SB1204
Senate Natural Resources, Energy and Water Committee Members,
As a responsible animal owner and Arizona resident, I oppose SB1204. This bill revokes my due process and constitutional rights. It is scary how much power this gives to peace officers, or their contracted representatives who could seize my animal with no warrant simply based solely on someone claiming they witnessed animal cruelty. Arizona animal owners would constantly be in fear of baseless claims or enforcement officers with a radical animal rights agenda who want nothing more than this unjust level of authority to take animals.
Other states have already witnessed the seizure and killing of healthy animals when authorities get too much power. People will feel pressured by law enforcement to surrender animals without any due process. Even for groundless seizures, most people cannot afford all of the fees, bonds, and court costs that will add up quickly. The bond required to appeal may be more than many people can afford so even perfectly healthy and cared for animals would never be returned to their owners.
Instead of preventing it, this bill will actually lead to animal cruelty by whomever becomes the appointed caretaker. These designated persons will not know of any medications, specific diets, or special care needs of the seized animals. Most facilities that house seized animals are overwhelmed with animals already. There will assuredly be animal suffering caused by this legislation, yet this bill claims to be preventing animal cruelty.
Please do what is right for your constituents who are animal owners and stop the government overreach proposed by SB1204. The unintended consequences will be many and the bill is short-sighted. Have a good day.
Sincerely,
YOUR NAME
Bill texts
Read SB 1204 at https://www.azleg.gov/legtext/56leg/2R/bills/SB1204P.htm. (at the link: blue text = new, red text = deleted)
Read SB1602 at https://www.azleg.gov/legtext/56leg/2R/bills/SB1603P.htm (at the link: blue text = new, red text = deleted)
