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A03908 Summary:

BILL NOA03908
 
SAME ASSAME AS S05947
 
SPONSORGlick (MS)
 
COSPNSRCook, Simon, Eachus
 
MLTSPNSRColton
 
Amd §§412 - 415 & 419, Soc Serv L
 
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; 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.
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A03908 Actions:

BILL NOA03908
 
02/08/2023referred to children and families
01/03/2024referred to children and families
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A03908 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3908
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced by M. of A. GLICK, COOK, SIMON -- Multi-Sponsored by -- M. of
          A.  COLTON  -- read once and referred to the Committee on Children and
          Families
 
        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.
    23    § 4. Section 415 of the social services law is amended by adding a new
    24  undesignated paragraph to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03148-01-3

        A. 3908                             2
 
     1    Reports  of suspected animal cruelty made pursuant to this title shall
     2  be made immediately by telephone or by telephone facsimile machine. Oral
     3  reports shall be followed by a  report  in  writing  within  forty-eight
     4  hours  after  such  oral  report. Such oral and written reports shall be
     5  made  to  (a) any peace officer or agent of a society for the prevention
     6  of cruelty  to  animals  authorized  to  lawfully  investigate  acts  of
     7  suspected  animal  cruelty pursuant to section three hundred seventy-one
     8  of the agriculture and markets law, and whose  jurisdictional  authority
     9  includes  the  municipality  in  which  such  suspected  animal  cruelty
    10  occurred; or (b) any police officer  or  agent  authorized  to  lawfully
    11  investigate  acts  of suspected animal cruelty pursuant to article twen-
    12  ty-six of the agriculture and  markets  law,  and  whose  jurisdictional
    13  authority  includes  the  municipality  in  which  such suspected animal
    14  cruelty occurred. For purposes of this paragraph, written reports  shall
    15  disclose  only such limited confidential information as is necessary for
    16  such peace officer or police officer to identify the  animal's  location
    17  and  status  but may include the following information: a description of
    18  the animal; the present location of the animal;  a  description  of  the
    19  injury, including any evidence of prior injuries, cruelty to such animal
    20  or  to  other  animals;  the  name  and address of the person or persons
    21  alleged to be responsible for causing the injury or cruelty; the  source
    22  of  the  report;  the  name,  address and telephone number of the person
    23  making the report; and any action taken by  the  reporting  source  with
    24  regard  to the injury or cruel treatment of such animal. Written reports
    25  from persons or officials required  by  this  title  to  report  may  be
    26  submitted  electronically  and  shall  be  admissible in any proceedings
    27  relating to animal cruelty.
    28    § 5. Section 419 of the social services law, as amended by chapter  12
    29  of the laws of 1996, is amended to read as follows:
    30    §  419. Immunity from liability.  Any person, official, or institution
    31  participating in good faith in the providing of a  service  pursuant  to
    32  section  four hundred twenty-four of this title, the making of a report,
    33  the taking of photographs, the removal or keeping of a child pursuant to
    34  this title, reporting animal cruelty pursuant  to  this  title,  or  the
    35  disclosure  of  child protective services information in compliance with
    36  sections twenty, four hundred twenty-two and four  hundred  twenty-two-a
    37  of  this chapter shall have immunity from any liability, civil or crimi-
    38  nal, that might otherwise result by reason  of  such  actions.  For  the
    39  purpose of any proceeding, civil or criminal, the good faith of any such
    40  person, official, or institution required to report cases of child abuse
    41  or  maltreatment or providing a service pursuant to section four hundred
    42  twenty-four or the disclosure of child protective  services  information
    43  in  compliance  with  sections  twenty, four hundred twenty-two and four
    44  hundred twenty-two-a of this chapter shall be  presumed,  provided  such
    45  person,  official or institution was acting in discharge of their duties
    46  and within the scope of their employment, and that  such  liability  did
    47  not  result  from  the  willful  misconduct  or gross negligence of such
    48  person, official or institution.
    49    § 6. This act shall take effect on the thirtieth day  after  it  shall
    50  have become a law.
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