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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5780
SPONSOR: Glick TITLE OF BILL:
An act to amend the social services law, in relation to the reporting of
animal cruelty
PURPOSE:
Permits those persons who are ordered to report suspected cases of child
abuse to also report suspicious cases of animal cruelty they may come
across in their official duties.
SUMMARY OF SPECIFIC PROVISIONS:
Adds two new subdivisions 10 and 11 to section 412 of the social
services law:
10. "Animal" shall have the same meaning as defined in subdivision one
of section three hundred fifty of the agriculture and markets law.
11. "Cruelty" shall have the same meaning as defined in subdivision two
of section three hundred fifty of the agriculture and markets law.
§ 2. Section 413 of the social services law is amended by adding a new
subdivision 1-a to read as follows:
Notwithstanding any other provision of law to the contrary imposing a
duty of confidentiality, any person subject to the reporting require-
ments of this title may report or cause a report to be made in accord-
ance with this title when, as a result of performing such duties, such
person has reasonable cause to suspect that animal cruelty has been
caused by a person also suspected of abuse or maltreatment of a child.
§ 3. Section 414 of the social services law is amended to include those
persons and officials that may report cases of animal cruelty.
§ 4. Section 415 of the social services law is amended by adding a new
undesignated paragraph to read as follows:
Reports of suspected animal cruelty made pursuant to this title shall be
made immediately by telephone or by telephone facsimile machine. Oral
reports shall be followed by a report in writing within forty-eight
hours after such oral report. Such oral and written reports shall be
made to (a) any peace officer or agent of a society for the prevention
of cruelty to animals authorized to lawfully investigate acts of
suspected animal cruelty pursuant to section three hundred seventy-one
of the agriculture and markets law, and whose jurisdictional authority
includes the municipality in which suspected animal cruelty occurred.
For purposes of this paragraph, written reports shall disclose only such
limited confidential information as is necessary for such peace officer
or police officer to identify the animal's location and status but may
include the following information: a description of the animal; the
present location of the animal; a description of the injury, including
any evidence of prior injuries, cruelty to such animal or to other
animals; the name and address of the person or persons alleged to be
responsible for causing the injury or cruelty; the source of the report;
the name, address and telephone number of the person making the report;
and any action taken by the reporting source with regard to the injury
or cruel treatment of such animal. Written reports from persons or
officials required by this title to report may be submitted electron-
ically and shall be admissible in any proceedings relating to animal
cruelty.
§ 5. Section 419 of the social services law is amended to include
persons and officials that may report animal cruelty.
§ 6. Establishes a 30 day effective date.
JUSTIFICATION:
Approximately 70% of households in the U.S. which have young children
also have pets. A mounting body of evidence has linked acts of animal
cruelty to other serious crimes and antisocial behaviors. Abusive adults
may utilize cruelty towards a pet to control the actions of others with-
in the home. Often, families that come to the attention of child
protection services or domestic violence shelters are also known to
local humane societies or animal control agencies because of the prob-
lems of animal abuse. Pets are often the first victims of family or
neighborhood disputes that escalate into violent and even fatal human
encounters. Children may repeat such abuse that they have learned at
home and direct it towards animals. This proposal serves to halt the
spread of violence and maltreatment to children and animals in the
household.
This legislation will allow child abuse mandated reporters to also
report suspected animal abuse without the fear of liability. Without
such good Samaritan provisions, individuals may be reluctant to report
animal abuse. Critically, this legislation will give mandated reporters
of child abuse a clear procedure of how to report witnessed or suspected
animal abuse. By providing a new, defined structure for reporting animal
abuse, individuals will be more likely to come forward with information
pertaining to animal cruelty.
LEGISLATIVE HISTORY:
2019-20: A1211 Referred to Children and Families
2018: Reference changed to Children and Families
2017: Referred to Social Services
2015-16: Referred to social services
2013-14 A3766 Reference changed to Children and Families
2011-12 A.3468: Referred to Social Services.
2009-10 A.2768: Referred to Social Services.
2007-08: A. 1900 Referred to Social Services.
2005-06: A2058 Referred to Social Services.
2004: Referred to Social Services.
2003: Reported referred to Codes.
2002: A.6730 referred to Social Services.
2001: A.6730 reported from Social Services and referred to Codes.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5780
2021-2022 Regular Sessions
IN ASSEMBLY
February 24, 2021
___________
Introduced by M. of A. GLICK, COOK, SIMON -- Multi-Sponsored by -- M. of
A. COLTON, GOTTFRIED -- 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.
LBD07695-01-1
A. 5780 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.
