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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Democrat 5-3)

Status: (Engrossed - Dead) 2020-07-21 - referred to children and families [S03415 Detail]

Download: New_York-2019-S03415-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3415
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
        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    § 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
    25  maltreatment;  the source of the report; the name, address and telephone
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05034-01-9
        S. 3415                             2
     1  number of the person making the report; and  any  action  taken  by  the
     2  reporting source with regard to the injury, abuse or maltreatment of the
     3  animal. Written reports from persons or officials required by this title
     4  to  report  shall  be  admissible  in any proceedings relating to animal
     5  abuse or maltreatment.
     6    § 3. Subdivisions 1 and 2 of section 420 of the social  services  law,
     7  as  added  by  chapter  1039 of the laws of 1973, are amended to read as
     8  follows:
     9    1.  Any person, official or institution  required  by  this  title  to
    10  report  a  case of suspected child abuse or maltreatment or animal abuse
    11  or maltreatment who willfully fails to do so shall be guilty of a  class
    12  A misdemeanor.
    13    2.    Any  person,  official  or institution required by this title to
    14  report a case of suspected child abuse or maltreatment or  animal  abuse
    15  or  maltreatment  who  knowingly  and  willfully fails to do so shall be
    16  civilly liable for the damages proximately caused by such failure.
    17    § 4. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law.