S T A T E O F N E W Y O R K
________________________________________________________________________
5780
2021-2022 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 412 of the social services law is amended by adding
two new subdivisions 10 and 11 to read as follows:
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:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY
IMPOSING A DUTY OF CONFIDENTIALITY, ANY PERSON SUBJECT TO THE REPORTING
REQUIREMENTS OF THIS TITLE MAY 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 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, as added by chapter 1039
of the laws of 1973, is amended to read as follows:
§ 414. Any person permitted to report. In addition to those persons
and officials required to report suspected child abuse or maltreatment,
OR ANIMAL CRUELTY PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF THIS
TITLE, any person may make such a report if such person has reasonable
cause to suspect that a child is an abused or maltreated child OR IF AN
ANIMAL HAS BEEN SUBJECT TO CRUELTY.
§ 4. Section 415 of the social services law is amended by adding a new
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
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 SUCH SUSPECTED ANIMAL CRUELTY
OCCURRED; OR (B) ANY POLICE OFFICER OR AGENT AUTHORIZED TO LAWFULLY
INVESTIGATE ACTS OF SUSPECTED ANIMAL CRUELTY PURSUANT TO ARTICLE TWEN-
TY-SIX OF THE AGRICULTURE AND MARKETS LAW, AND WHOSE JURISDICTIONAL
AUTHORITY INCLUDES THE MUNICIPALITY IN WHICH SUCH 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 ELECTRONICALLY AND SHALL BE ADMISSIBLE IN ANY PROCEEDINGS
RELATING TO ANIMAL CRUELTY.
§ 5. Section 419 of the social services law, as amended by chapter 12
of the laws of 1996, is amended to read as follows:
§ 419. Immunity from liability. Any person, official, or institution
participating in good faith in the providing of a service pursuant to
section four hundred twenty-four of this title, the making of a report,
the taking of photographs, the removal or keeping of a child pursuant to
this title, REPORTING ANIMAL CRUELTY PURSUANT TO THIS TITLE, or the
disclosure of child protective services information in compliance with
sections twenty, four hundred twenty-two and four hundred twenty-two-a
of this chapter shall have immunity from any liability, civil or crimi-
nal, that might otherwise result by reason of such actions. For the
purpose of any proceeding, civil or criminal, the good faith of any such
person, official, or institution required to report cases of child abuse
or maltreatment or providing a service pursuant to section four hundred
twenty-four or the disclosure of child protective services information
in compliance with sections twenty, four hundred twenty-two and four
hundred twenty-two-a of this chapter shall be presumed, provided such
person, official or institution was acting in discharge of their duties
and within the scope of their employment, and that such liability did
not result from the willful misconduct or gross negligence of such
person, official or institution.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law.