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S3415Senate2019-2020 SessionSame asA1211

Report Animal Cruelty Required

Official title

“Relates to the reporting of animal cruelty”

Sponsor Monica MartinezSD-3+7 co-sponsorsAffects Health
Status
In Assembly Committee
Children And Families
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Children And Families

What's happening

This bill allows and encourages the reporting of animal cruelty when connected to child abuse, including protections and procedures for such reports.

Why it matters

  1. Recognizes the link between animal cruelty and child abuse. The bill explicitly acknowledges that individuals who suspect both child abuse and animal cruelty by the same person can report both, reinforcing the documented connection between violence toward animals and risk to children in a household.

  2. Expands confidentiality exceptions for mandated reporters. It allows professionals like teachers, doctors, and social workers—who are usually bound by strict confidentiality—to share information about suspected animal cruelty if it’s associated with suspected child abuse, ensuring critical information isn’t withheld due to privacy rules.

  3. Establishes clear, protected reporting procedures. The bill provides a specific process for reporting animal cruelty (immediate oral report followed by a written report within 48 hours), directs reports to law enforcement or animal welfare agents with jurisdiction, and limits the disclosure of confidential information to only what’s necessary—balancing protection for animals, children, and privacy rights.

  4. Provides legal immunity for good-faith reporters. By extending civil and criminal immunity to those who report suspected animal cruelty in good faith, the law encourages more reporting and reduces fear of legal consequences for mandated reporters, potentially leading to earlier intervention in abusive situations.

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Who cares

Headline styles

Report Animal Cruelty Required

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Monica Martinez

Senator · Senate District 3

Chair, Domestic Animal Welfare

History

  1. Referred to children and families
  2. Delivered to assembly
  3. Passed senateVote 59–1
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.610
  7. Referred to domestic animal welfare
  8. Returned to senate
  9. Died in assembly
  10. Referred to children and families
  11. Delivered to assembly
  12. Passed senateVote 60–2
Show 6 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.891
  4. Print number 3415a
  5. Amend (t) and recommit to domestic animal welfare
  6. Referred to domestic animal welfare

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1211Assembly

Require Animal Cruelty Reporting

In Assembly Committee · Children And Families · Sponsor Deborah Glick

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3415--A

2019-2020 Regular Sessions

IN SENATE

February 6, 2019

Introduced by Sens. MARTINEZ, BIAGGI, BOYLE, KRUEGER, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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 Assembly, 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05034-03-9

S. 3415--A 2

§ 4. Section 415 of the social services law is amended by adding a new undesignated paragraph to read as follows:

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 twenty-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 criminal, 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the social services law, in relation to the reporting of animal cruelty

Purpose

Permits those persons who are ordered to report suspected cases of child abuse to also report suspicious cases of animal cruelty they may come across in their official duties.

Summary of specific provisions

Adds two new subdivisions 10 and 11 to section 412 of the social services law:

Read the full memo (777 words)

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:

Notwithstanding any other provision of law to the contrary imposing a duty of confidentiality, any person subject to the reporting require- ments of this title may report or cause a report to be made in accord- ance 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 is amended to include those persons and officials that may report cases of animal cruelty.

§ 4. Section 415 of the social services law is amended by adding a new undesignated paragraph to read as follows:

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 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 offi- cials 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 is amended to include persons and officials that may report animal cruelty.

§ 6. Establishes a 30 day effective date.

Justification

Approximately 70% of households in the U.S. which have young children also have pets. A mounting body of evidence has linked acts of animal cruelty to other serious crimes and antisocial behaviors. Abusive adults may utilize cruelty towards a pet to control the actions of others with- in the home. Often, families that come to the attention of child protection services or domestic violence shelters are also known to local humane societies or animal control agencies because of the prob- lems of animal abuse. Pets are often the first victims of family or neighborhood disputes that escalate into violent and even fatal human encounters. Children may repeat such abuse that they have learned at home and direct it towards animals. This proposal serves to halt the spread of violence and maltreatment to children and animals in the household.

This legislation will allow child abuse mandated reporters to also report suspected animal abuse without the fear of liability. Without such good Samaritan provisions, individuals may be reluctant to report animal abuse. Critically, this legislation will give mandated reporters of child abuse a clear procedure of how to report witnessed or suspected animal abuse. By providing a new, defined structure for reporting animal abuse, individuals will be more likely to come forward with information pertaining to animal cruelty.

Legislative history

No Senate History

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.