Bill Text: NY S05947 | 2023-2024 | General Assembly | Introduced
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; 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: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S05947 Detail]
Download: New_York-2023-S05947-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5947 2023-2024 Regular Sessions IN SENATE March 23, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed 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. LBD03148-01-3S. 5947 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.
