S T A T E O F N E W Y O R K
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3468
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
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Introduced by M. of A. GLICK, COOK, SWEENEY -- Multi-Sponsored by -- M.
of A. COLTON, HOOPER, ORTIZ, PHEFFER, 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.
LBD05950-01-1
A. 3468 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.