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A05780 Summary:

BILL NOA05780
 
SAME ASSAME AS S07401
 
SPONSORGlick
 
COSPNSRCook, Simon
 
MLTSPNSRColton, Gottfried
 
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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A05780 Actions:

BILL NOA05780
 
02/24/2021referred to children and families
01/05/2022referred to children and families
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A05780 Memo:

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.
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A05780 Text:



 
                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.
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