Bill Text: NY A02768 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the social services law, in relation to the reporting of animal abuse

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2010-01-06 - referred to social services [A02768 Detail]

Download: New_York-2009-A02768-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2768
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced  by M. of A. GLICK, COOK, SWEENEY -- Multi-Sponsored by -- M.
         of A. COLTON, HOOPER, ORTIZ, WEISENBERG -- read once and  referred  to
         the Committee on Social Services
       AN ACT to amend the social services law, in relation to the reporting of
         animal abuse
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.   Section 413 of the social  services  law  is  amended  by
    2  adding a new subdivision 1-a to read as follows:
    3    1-A.    ANY PERSON SUBJECT TO THE REPORTING REQUIREMENTS OF THIS TITLE
    4  SHALL REPORT OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH THIS  TITLE
    5  WHEN,  AS A RESULT OF PERFORMING SUCH DUTIES, SUCH PERSON HAS REASONABLE
    6  CAUSE TO SUSPECT THAT ABUSE OR MALTREATMENT OF AN ANIMAL HAS BEEN CAUSED
    7  BY A PERSON ALSO SUSPECTED OF ABUSE OR MALTREATMENT OF A CHILD.
    8    S 2. Section 415 of the social services law is amended by adding a new
    9  undesignated paragraph to read as follows:
   10    REPORTS OF SUSPECTED ANIMAL ABUSE OR  MALTREATMENT  MADE  PURSUANT  TO
   11  THIS  TITLE  SHALL  BE  MADE  IMMEDIATELY  BY  TELEPHONE OR BY TELEPHONE
   12  FACSIMILE MACHINE. ORAL REPORTS SHALL BE FOLLOWED BY A REPORT IN WRITING
   13  WITHIN FORTY-EIGHT HOURS  AFTER  SUCH  ORAL  REPORT.  ORAL  AND  WRITTEN
   14  REPORTS SHALL BE MADE TO THE LOCAL SOCIETY FOR THE PREVENTION OF CRUELTY
   15  TO  ANIMALS OR THE LOCAL POLICE DEPARTMENT. A COPY OF THE WRITTEN REPORT
   16  SHALL BE FORWARDED TO THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY
   17  TO ANIMALS WITHIN FORTY-EIGHT HOURS OF THE ORAL REPORT.  WRITTEN REPORTS
   18  SHALL BE MADE IN A MANNER PRESCRIBED BY THE  AMERICAN  SOCIETY  FOR  THE
   19  PREVENTION  OF CRUELTY TO ANIMALS AND SHALL INCLUDE THE FOLLOWING INFOR-
   20  MATION: A DESCRIPTION OF THE ANIMAL; THE PRESENT LOCATION OF THE ANIMAL;
   21  A DESCRIPTION OF THE  INJURY,  ABUSE  OR  MALTREATMENT  OF  THE  ANIMAL,
   22  INCLUDING  ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR MALTREATMENT OF SUCH
   23  ANIMAL OR OF OTHER ANIMALS; THE  NAME  AND  ADDRESS  OF  THE  PERSON  OR
   24  PERSONS  ALLEGED  TO  BE  RESPONSIBLE  FOR  CAUSING THE INJURY, ABUSE OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04522-01-9
       A. 2768                             2
    1  MALTREATMENT; THE SOURCE OF THE REPORT; THE NAME, ADDRESS AND  TELEPHONE
    2  NUMBER  OF  THE  PERSON  MAKING  THE REPORT; AND ANY ACTION TAKEN BY THE
    3  REPORTING SOURCE WITH REGARD TO THE INJURY, ABUSE OR MALTREATMENT OF THE
    4  ANIMAL. WRITTEN REPORTS FROM PERSONS OR OFFICIALS REQUIRED BY THIS TITLE
    5  TO  REPORT  SHALL  BE  ADMISSIBLE  IN ANY PROCEEDINGS RELATING TO ANIMAL
    6  ABUSE OR MALTREATMENT.
    7    S 3. Subdivisions 1 and 2 of section 420 of the social  services  law,
    8  as  added  by  chapter  1039 of the laws of 1973, are amended to read as
    9  follows:
   10    1.  Any person, official or institution  required  by  this  title  to
   11  report  a  case of suspected child abuse or maltreatment OR ANIMAL ABUSE
   12  OR MALTREATMENT who willfully fails to do so shall be guilty of a  class
   13  A misdemeanor.
   14    2.    Any  person,  official  or institution required by this title to
   15  report a case of suspected child abuse or maltreatment OR  ANIMAL  ABUSE
   16  OR  MALTREATMENT  who  knowingly  and  willfully fails to do so shall be
   17  civilly liable for the damages proximately caused by such failure.
   18    S 4. This act shall take effect on the thirtieth day  after  it  shall
   19  have become a law.