Senate Bill S5947

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5947
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:

   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.
                                                            LBD03148-01-3
 S. 5947                             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.