28-1017 Animal abandonment, cruel neglect, or cruel mistreatment; report required by certain employees; violation; penalty. - Nebraska Statutes

28-1017. Animal abandonment,cruel neglect, or cruel mistreatment; report required by certain employees;violation; penalty.(1) For purposes of this section:(a) Reasonably suspects means a basis for reporting knowledgeor a set of facts that would lead a person of ordinary care and prudence tobelieve and conscientiously entertain a strong suspicion that criminal activityis at hand or that a crime has been committed; and(b) Employee means any employee of a governmental agency dealing with childor adult protective services, animal control, or animal abuse.(2) Any employee, while acting in his or her professionalcapacity or within the scope of his or her employment, who observes or isinvolved in an incident which leads the employee to reasonably suspect thatan animal has been abandoned, cruelly neglected, or cruelly mistreated shallreport such to the entity or entities that investigate such reports in thatjurisdiction.(3) The report ofan employee shall be made within two working days of acquiringthe information concerning the animal by facsimile transmission of a writtenreport presented in the form described in subsection (6) of this section orby telephone. When an immediate response is necessary to protect the healthand safety of the animal or others, the report of an employee shall be made by telephone assoon as possible.(4) Nothing in this section shall be construed to impose aduty to investigate observed or reasonably suspected animal abandonment, cruelneglect, or cruel mistreatment. Any person making a report under this sectionis immune from liability except for false statements of fact made with maliciousintent.(5) A report made by an employee pursuant to this section shallinclude:(a) The reporter's name and title, business address, and telephonenumber;(b) The name, if known, of the animal owner or custodian,whether a business or individual;(c) A description of the animal or animals involved, personor persons involved, and location of the animal or animals and the premises;and(d) The date, time, and a description of the observation orincident which led the reporter to reasonably suspect animal abandonment,cruel neglect, or cruel mistreatment and any other information the reporterbelieves may be relevant.(6) A report made by an employee pursuant to this section maybe made on preprinted forms prepared by the entity or entities that investigatereports of animal abandonment, cruel neglect, or cruel mistreatment in thatjurisdiction. The form shall include space for the information required undersubsection (5) of this section.(7) When two or more employees jointly have observed or reasonablysuspected animal abandonment, cruel neglect, or cruel mistreatment and thereis agreement between or among them, a report may be made by one person bymutual agreement. Any such reporterwho has knowledge that the person designated to report has failed to do soshall thereafter make the report.(8) Any employee failing to report under this section shallbe guilty of an infraction. SourceLaws 2003, LB 273, § 1; Laws 2009, LB494, § 6.