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 abuse or maltreatment.
STATE OF NEW YORK
________________________________________________________________________
3918
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
___________
Introduced by M. of A. GLICK, COOK -- Multi-Sponsored by -- M. of A.
COLTON, GOTTFRIED, HOOPER -- 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 § 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.
LBD03144-01-7
A. 3918 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 § 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 § 4. This act shall take effect on the thirtieth day after it shall
19 have become a law.