S T A T E   O F   N E W   Y O R K
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                                  2768

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. GLICK, COOK, SWEENEY -- Multi-Sponsored by -- M.
  of A. COLTON, HOOPER, ORTIZ, WEISENBERG -- 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:

  Section 1.   Section 413 of the social  services  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.    ANY PERSON SUBJECT TO THE REPORTING REQUIREMENTS OF THIS TITLE
SHALL REPORT OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH THIS  TITLE
WHEN,  AS A RESULT OF PERFORMING SUCH DUTIES, SUCH PERSON HAS REASONABLE
CAUSE TO SUSPECT THAT ABUSE OR MALTREATMENT OF AN ANIMAL HAS BEEN CAUSED
BY A PERSON ALSO SUSPECTED OF ABUSE OR MALTREATMENT OF A CHILD.
  S 2. Section 415 of the social services law is amended by adding a new
undesignated paragraph to read as follows:
  REPORTS OF SUSPECTED ANIMAL ABUSE OR  MALTREATMENT  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.  ORAL  AND  WRITTEN
REPORTS SHALL BE MADE TO THE LOCAL SOCIETY FOR THE PREVENTION OF CRUELTY
TO  ANIMALS OR THE LOCAL POLICE DEPARTMENT. A COPY OF THE WRITTEN REPORT
SHALL BE FORWARDED TO THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS WITHIN FORTY-EIGHT HOURS OF THE ORAL REPORT.  WRITTEN REPORTS
SHALL BE MADE IN A MANNER PRESCRIBED BY THE  AMERICAN  SOCIETY  FOR  THE
PREVENTION  OF CRUELTY TO ANIMALS AND SHALL INCLUDE THE FOLLOWING INFOR-
MATION: A DESCRIPTION OF THE ANIMAL; THE PRESENT LOCATION OF THE ANIMAL;
A DESCRIPTION OF THE  INJURY,  ABUSE  OR  MALTREATMENT  OF  THE  ANIMAL,
INCLUDING  ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR MALTREATMENT OF SUCH
ANIMAL OR OF OTHER ANIMALS; THE  NAME  AND  ADDRESS  OF  THE  PERSON  OR
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.
                                                           LBD04522-01-9
              

A. 2768                             2

MALTREATMENT; 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, ABUSE OR MALTREATMENT OF THE
ANIMAL. WRITTEN REPORTS FROM PERSONS OR OFFICIALS REQUIRED BY THIS TITLE
TO  REPORT  SHALL  BE  ADMISSIBLE  IN ANY PROCEEDINGS RELATING TO ANIMAL
ABUSE OR MALTREATMENT.
  S 3. Subdivisions 1 and 2 of section 420 of the social  services  law,
as  added  by  chapter  1039 of the laws of 1973, are amended to read as
follows:
  1.  Any person, official or institution  required  by  this  title  to
report  a  case of suspected child abuse or maltreatment OR ANIMAL ABUSE
OR MALTREATMENT who willfully fails to do so shall be guilty of a  class
A misdemeanor.
  2.    Any  person,  official  or institution required by this title to
report a case of suspected child abuse or maltreatment OR  ANIMAL  ABUSE
OR  MALTREATMENT  who  knowingly  and  willfully fails to do so shall be
civilly liable for the damages proximately caused by such failure.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.