Bill Text: NY S03415 | 2019-2020 | General Assembly | Amended


Bill Title: Provides that any person charged with enforcing laws prohibiting cruelty to animals shall cause a report to be made when, in the performance of his or her duties, such person has reasonable cause to believe that abuse or maltreatment of a child has also occurred; also provides that a person charged with the responsibility of filing a report of child abuse or maltreatment shall also file a report of suspected animal cruelty.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-06-04 - referred to children and families [S03415 Detail]

Download: New_York-2019-S03415-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3415--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by  Sens.  MARTINEZ, BIAGGI, BOYLE, KRUEGER, TEDISCO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Domestic  Animal  Welfare -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN ACT to amend the social services law, in relation to the reporting of
          animal cruelty
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 412 of the social services law is amended by adding
     2  two new subdivisions 10 and 11 to read as follows:
     3    10. "Animal" shall have the same meaning as defined in subdivision one
     4  of section three hundred fifty of the agriculture and markets law.
     5    11. "Cruelty" shall have the same meaning as  defined  in  subdivision
     6  two of section three hundred fifty of the agriculture and markets law.
     7    §  2.    Section 413 of the social services law is amended by adding a
     8  new subdivision 1-a to read as follows:
     9    1-a.   Notwithstanding any other provision  of  law  to  the  contrary
    10  imposing  a duty of confidentiality, any person subject to the reporting
    11  requirements of this title may report or cause a report to  be  made  in
    12  accordance  with this title when, as a result of performing such duties,
    13  such person has reasonable cause to suspect that animal cruelty has been
    14  caused by a person also suspected of abuse or maltreatment of a child.
    15    § 3. Section 414 of the social services law, as added by chapter  1039
    16  of the laws of 1973, is amended to read as follows:
    17    §  414.  Any person permitted to report.  In addition to those persons
    18  and officials required to report suspected child abuse or  maltreatment,
    19  or  animal  cruelty  pursuant  to  section  four hundred fifteen of this
    20  title, any person may make such a report if such person  has  reasonable
    21  cause  to suspect that a child is an abused or maltreated child or if an
    22  animal has been subject to cruelty.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05034-03-9

        S. 3415--A                          2
     1    § 4. Section 415 of the social services law is amended by adding a new
     2  undesignated paragraph to read as follows:
     3    Reports  of suspected animal cruelty made pursuant to this title shall
     4  be made immediately by telephone or by telephone facsimile machine. Oral
     5  reports shall be followed by a  report  in  writing  within  forty-eight
     6  hours  after  such  oral  report. Such oral and written reports shall be
     7  made to (a) any peace officer or agent of a society for  the  prevention
     8  of  cruelty  to  animals  authorized  to  lawfully  investigate  acts of
     9  suspected animal cruelty pursuant to section three  hundred  seventy-one
    10  of  the  agriculture and markets law, and whose jurisdictional authority
    11  includes  the  municipality  in  which  such  suspected  animal  cruelty
    12  occurred;  or  (b)  any  police  officer or agent authorized to lawfully
    13  investigate acts of suspected animal cruelty pursuant to  article  twen-
    14  ty-six  of  the  agriculture  and  markets law, and whose jurisdictional
    15  authority includes the  municipality  in  which  such  suspected  animal
    16  cruelty  occurred. For purposes of this paragraph, written reports shall
    17  disclose only such limited confidential information as is necessary  for
    18  such  peace  officer or police officer to identify the animal's location
    19  and status but may include the following information: a  description  of
    20  the  animal;  the  present  location of the animal; a description of the
    21  injury, including any evidence of prior injuries, cruelty to such animal
    22  or to other animals; the name and  address  of  the  person  or  persons
    23  alleged  to be responsible for causing the injury or cruelty; the source
    24  of the report; the name, address and  telephone  number  of  the  person
    25  making  the  report;  and  any action taken by the reporting source with
    26  regard to the injury or cruel treatment of such animal. Written  reports
    27  from  persons  or  officials  required  by  this  title to report may be
    28  submitted electronically and shall  be  admissible  in  any  proceedings
    29  relating to animal cruelty.
    30    §  5. Section 419 of the social services law, as amended by chapter 12
    31  of the laws of 1996, is amended to read as follows:
    32    § 419. Immunity from liability.  Any person, official, or  institution
    33  participating  in  good  faith in the providing of a service pursuant to
    34  section four hundred twenty-four of this title, the making of a  report,
    35  the taking of photographs, the removal or keeping of a child pursuant to
    36  this  title,  reporting  animal  cruelty  pursuant to this title, or the
    37  disclosure of child protective services information in  compliance  with
    38  sections  twenty,  four hundred twenty-two and four hundred twenty-two-a
    39  of this chapter shall have immunity from any liability, civil or  crimi-
    40  nal,  that  might  otherwise  result  by reason of such actions. For the
    41  purpose of any proceeding, civil or criminal, the good faith of any such
    42  person, official, or institution required to report cases of child abuse
    43  or maltreatment or providing a service pursuant to section four  hundred
    44  twenty-four  or  the disclosure of child protective services information
    45  in compliance with sections twenty, four  hundred  twenty-two  and  four
    46  hundred  twenty-two-a  of  this chapter shall be presumed, provided such
    47  person, official or institution was acting in discharge of their  duties
    48  and  within  the  scope of their employment, and that such liability did
    49  not result from the willful  misconduct  or  gross  negligence  of  such
    50  person, official or institution.
    51    §  6.  This  act shall take effect on the thirtieth day after it shall
    52  have become a law.
feedback