NY State Senate Bill 2009-S1420

Senate Bill S1420

2009-2010 Legislative Session

Requires semi-annual reports by police agencies on missing children and persons; provides for a tax check-off to benefit missing persons related matters

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Jan 30, 2009	referred to children and families

2009-S1420 (ACTIVE) - Details

See Assembly Version of this Bill:: A6056
Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Amd §§837-m & 837-f, Exec L; amd §628, Tax L; amd §92-w, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S216
2013-2014: S1100

2009-S1420 (ACTIVE) - Summary

Requires police agencies to report semi-annually on missing children and persons incidents; authorizes a personal income tax check-off for missing children and persons related activities and requires the missing and exploited children and persons clearinghouse to also report to the governor and legislature on reported cases of missing children and persons; adds persons other than children to these provisions.

2009-S1420 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1420

 TITLE OF BILL :
An act to amend the executive law, the tax law and the state finance
law, in relation to missing children and persons


 PURPOSE :
To require semiannual reports by police agencies on missing persons,
and to provide for a tax check-off to benefit missing persons related
matters.

 SUMMARY OF PROVISIONS :
This bill requires the chief of every police department, every county
sheriff, and the Superintendent of State Police to submit, at least
semiannually, reports to the Division of Criminal Justice Services
with respect to specified cases of missing persons that are closed.
The bill also sets up a tax check-off for an individual to contribute
to the Missing and Exploited Persons Clearinghouse Fund. A space will
be made available on all personal income tax forms for a taxpayer to
make such a contribution.  Additionally, it also requires that the
clearinghouse in its annual report include information on the cases of
missing persons and on the use of the Moines in the Missing and
Exploited Persons Clearinghouse Fund.

 JUSTIFICATION :

This legislation will provide a mechanism by which accurate and
current information can be maintained by an agency or as to provide a
reliable source for such information when the need arises. Currently,
various police forces and law enforcement authorities maintain their
own records and statistics. This bill will simply mandate them to
provide this information to DCJS on at least a semiannual basis.

It is hoped that if an unidentified deceased child is found, all
efforts are made to identify that child. But what happens when a once
abducted or runaway child grows up and is found deceased, no longer a
child?  Looking at the countless young homeless people roaming the
streets of our cities, the question must be asked, how many of these
were once a missing or abducted child? Very few homeless people are
given the dignity of identification following their death. This
country does not even keep statistics on missing young adults. We have
no way of knowing how many of these young adults are buried in some
obscure potter's field, victims of depraved acts This mandatory entry
of Unidentified Persons will help put a stop to this. Not only will
families of missing children benefit from this enactment but also
families of our brave men who fought in the Vietnam War. Hundreds of
these veterans became disenchanted with our society and joined the
ranks of the homeless.  These men deserve dignity in their death by
being identified as veterans of our country.

Furthermore, since the creation of the Missing and Exploited Children
Clearinghouse Fund in 1994, a small amount of money has been donated
This is in part due to the fact that most people do not know of its
existence. By creating a tax check-off we are notifying each tax
paying citizen of the fund's existence as well as giving them a simple
way to contribute.

 LEGISLATIVE HISTORY :
New bill.S.4403-A of 2007/2008; Amended and recommitted to Finance

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law

2009-S1420 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1420

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 30, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the executive law, the tax law  and  the  state  finance
  law, in relation to missing children and persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 837-m of the executive law, as added by chapter 579
of the laws of 1997, is amended to read as follows:
  S 837-m. Reporting duties of law enforcement departments with  respect
to  missing children AND PERSONS.  The chief of every police department,
each county sheriff and the superintendent of state police shall report,
at least semi-annually, to the division with respect to specified  cases
of  missing  children AND PERSONS that are closed. Such reports shall be
in the form and manner prescribed by the division and shall contain such
information as the division deems necessary including, but  not  limited
to,  information  regarding  recovered  children  AND  PERSONS  who were
arrested, children AND PERSONS who were the victims of criminal activity
or exploitation, and children AND PERSONS who were  found  deceased  and
information  regarding  the  alleged abductor or killer of such children
AND PERSONS.
  S 2. Section 628 of the tax law, as added by chapter 579 of  the  laws
of 1997, is amended to read as follows:
  S  628.  Gift for missing and exploited children AND PERSONS clearing-
house fund. Effective for any tax year commencing on  or  after  January
first,  nineteen hundred ninety-seven, an individual in any taxable year
may elect to contribute  to  the  missing  and  exploited  children  AND
PERSONS  clearinghouse  fund.    Such contribution shall be in any whole
dollar amount and shall not reduce the amount of state tax owed by  such
individual.  The commissioner shall include space on the personal income
tax return  form  to  enable  a  taxpayer  to  make  such  contribution.
Notwithstanding  any  other  provision  of  law,  all revenues collected

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05824-01-9

S. 1420                             2

pursuant to this section shall be paid  to  the  missing  and  exploited
children AND PERSONS clearinghouse fund established pursuant to and used
only  for those purposes enumerated in section ninety-two-w of the state
finance law.
  S 3. Section 92-w of the state finance law, as added by chapter 530 of
the laws of 1994, subdivision 2 as amended by chapter 579 of the laws of
1997, is amended to read as follows:
  S 92-w. Missing and exploited children AND PERSONS clearinghouse fund.
1. A special fund to be known as the "missing and exploited children AND
PERSONS  clearinghouse fund" is hereby established in the custody of the
state comptroller and the commissioner of taxation and finance.
  2. The fund shall consist of  all  monies  transferred  to  such  fund
pursuant  to law, all monies required by any provision of law to be paid
into or credited to the fund, all moneys from gifts pursuant to  section
six  hundred twenty-eight of the tax law and any interest earnings which
may accrue from the investment of monies in the fund. Nothing  contained
herein  shall prevent the state from receiving grants, gifts or bequests
for the purposes of the fund as defined in this section  and  depositing
them into the fund according to law.
  3. Monies of the fund, when allocated, shall be available to the divi-
sion of criminal justice services for the enhancement of public informa-
tion  and  prevention  education  efforts including production of print,
video and radio advertising materials, brochures, pamphlets and  outdoor
advertising,  or  for any other activity or purpose that will aid in the
prevention of the exploitation of children AND PERSONS or in the  recov-
ery  of  missing and exploited children AND PERSONS, as deemed necessary
by the missing and exploited children AND PERSONS clearinghouse  created
pursuant to section eight hundred thirty-seven-f of the executive law.
  4.  Monies  shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by  the  director  of
the division of criminal justice services.
  S  4.  Section  837-f of the executive law, as added by chapter 880 of
the laws of 1986, subdivision 10-a as added by chapter 600 of  the  laws
of  1997,  subdivision 12 as amended by chapter 579 of the laws of 1997,
subdivision 14 as amended by chapter 381 of the laws of 2004  and  para-
graph  (c)  of  subdivision  14 as amended by chapter 348 of the laws of
2005, is amended to read as follows:
  S 837-f. Missing and exploited  children  AND  PERSONS  clearinghouse.
There  is hereby established within the division a missing and exploited
children AND PERSONS clearinghouse to provide a comprehensive and  coor-
dinated  approach  to the tragic problems of missing and exploited chil-
dren AND PERSONS.   In addition  to  the  activities  of  the  statewide
central  register  for  missing  children  AND PERSONS, the commissioner
shall be authorized to:
  1. Plan and implement programs to ensure the  most  effective  use  of
federal,  state  and local resources in the investigation of missing and
exploited children AND PERSONS;
  2. Exchange information and resources with other  states,  and  within
New York state, concerning missing and exploited children AND PERSONS;
  3. Establish a case data base which will include nonidentifying infor-
mation on reported children AND PERSONS and facts developed in the phas-
es of a search, and analyze such data for the purposes of: assisting law
enforcement  in  their  current  investigations of missing and exploited
children AND PERSONS,  developing  prevention  programs  and  increasing
understanding  of  the  nature  and extent of the problem; and share the

S. 1420                             3

data and analysis on a regular basis with the National Center for  Miss-
ing and Exploited Children;
  4.  Disseminate  a directory of resources to assist in the locating of
missing children AND PERSONS;
  5. Cooperate with public and  private  schools  and  organizations  to
develop  education  and  prevention programs concerning child safety for
communities, parents and children;
  6. Provide assistance in returning recovered children AND PERSONS  who
are located out-of-state;
  7.  By January first, [nineteen hundred eighty-seven] TWO THOUSAND TEN
arrange for the development of a curriculum  for  the  training  of  law
enforcement   personnel   investigating   cases  involving  missing  and
exploited children AND PERSONS;
  8. Assist federal, state and local agencies in  the  investigation  of
cases involving missing and exploited children AND PERSONS;
  9. Utilize available resources to duplicate photographs and posters of
children  AND  PERSONS reported as missing by police and with consent of
parents, guardians  or  others  legally  responsible,  disseminate  this
information throughout the state;
  10. Beginning on January first, nineteen hundred eighty-seven, dissem-
inate, on a regular basis, a bulletin containing information on children
in  the  missing  children's  register to the state education department
which shall then forward such  bulletin  to  every  public  and  private
school  where  parents, guardians or others legally responsible for such
children have given consent;
  10-a. (a) By November first, [nineteen hundred ninety-seven] TWO THOU-
SAND TEN prescribe general guidelines to enable  the  state  legislature
and  state  agencies  to  assist in the location and recovery of missing
children AND PERSONS.  The guidelines shall provide information relating
to:
  (i) the form and manner in which materials and information  pertaining
to  missing  children AND PERSONS including but not limited to biograph-
ical data and pictures, sketches or other likenesses may be included  in
stationery, newsletters and other written or electronic printings;
  (ii) appropriate sources from which such materials and information may
be obtained;
  (iii)  the  procedures  by which such materials and information may be
obtained; and
  (iv) any other matter the clearinghouse considers appropriate.
  (b) By January first, [nineteen  hundred  ninety-eight]  TWO  THOUSAND
ELEVEN  arrange  for  the  transmission  of biographical information and
pictures, sketches or other likenesses of missing children  AND  PERSONS
to state agencies, departments and the legislature to use in printings.
  11. Operate a toll-free twenty-four hour hotline for the public to use
to relay information concerning missing children AND PERSONS;
  12.  Submit an annual report to the governor and legislature regarding
the activities of the clearinghouse  including  statistical  information
involving  reported  cases  of  missing children AND PERSONS pursuant to
section eight hundred thirty-seven-m of this article, AS ADDED BY  CHAP-
TER   FIVE   HUNDRED  SEVENTY-NINE  OF  THE  LAWS  OF  NINETEEN  HUNDRED
NINETY-SEVEN, and a summary of the division's efforts  with  respect  to
the  use  of  monies from the missing and exploited children AND PERSONS
clearinghouse fund created pursuant to section ninety-two-w of the state
finance law; and

S. 1420                             4

  13. Take such  other  steps  as  necessary  to  assist  in  education,
prevention, service provision and investigation of cases involving miss-
ing and exploited children AND PERSONS.
  14.  (a)  In  consultation with the division of state police and other
appropriate agencies, develop,  and  regularly  update  and  distribute,
model  missing  child AND PERSON prompt response and notification plans,
which shall be available for use, in their discretion,  as  appropriate,
by  local  communities  and  law enforcement personnel. Such plans shall
involve a pro-active, coordinated response, planned in advance, that may
be promptly triggered by law enforcement personnel upon confirmation  by
a  police officer, peace officer or police agency of a report of a miss-
ing child, as defined in subdivision one of section eight hundred  thir-
ty-seven-e of this article, OR PERSON.
  (b) Such plans shall, at a minimum, provide that:
  (i)  the  name  of  such missing child OR PERSON, a description of the
child  OR  PERSON  and  other  pertinent  information  may  be  promptly
dispatched over the police communication system, pursuant to subdivision
three of section two hundred twenty-one of this chapter;
  (ii)  such  information  may be immediately provided orally, electron-
ically or by facsimile transmission to one or more  radio  stations  and
other  broadcast  media outlets serving the community including, but not
limited to, those which have voluntarily agreed, in advance, to promptly
notify other such radio stations and other broadcast  media  outlets  in
like manner;
  (iii)  such information may be immediately provided by electronic mail
message to one or more internet service providers and commercial  mobile
service  providers  serving the community including, but not limited to,
those which have voluntarily agreed,  in  advance,  to  promptly  notify
other such internet service providers in like manner;
  (iv)  participating  radio  stations and other participating broadcast
media outlets serving the community may voluntarily  agree  to  promptly
broadcast  a  missing child alert providing pertinent details concerning
the child's  disappearance,  breaking  into  regular  programming  where
appropriate;
  (v)  participating  internet  service  providers and commercial mobile
service providers serving the community may voluntarily agree to prompt-
ly provide by electronic mail message a missing  child  alert  providing
pertinent details concerning the child's disappearance;
  (vi) police agencies not connected with the basic police communication
system  in use in such jurisdiction may transmit such information to the
nearest or most convenient electronic entry point, from which  point  it
may  be  promptly  dispatched,  in  conformity with the orders, rules or
regulations governing the system; and
  (vii) no dispatch or transmission of a  report  concerning  a  missing
child  OR  PERSON  shall  be  required by such plan if the investigating
police department advises, in its discretion, that the release  of  such
information  may jeopardize the investigation or the safety of the child
OR PERSON, or requests forbearance for any reason.
  (c) The commissioner shall also designate a unit within  the  division
that  shall assist law enforcement agencies and representatives of radio
stations,  broadcast  media  outlets,  internet  service  providers  and
commercial  mobile  service  providers in the design, implementation and
improvement of missing child OR PERSON prompt response and  notification
plans.    Such unit shall make ongoing outreach efforts to local govern-
ment entities and local law enforcement agencies to assist such entities
and agencies in the implementation and operation of such plans with  the

S. 1420                             5

goal  of  implementing and operating such plans in every jurisdiction in
New York state.
  (d)  The commissioner shall also maintain and make available to appro-
priate state and local law enforcement agencies  up-to-date  information
concerning  technological  advances  that may assist in facilitating the
recovery of missing  children  AND  PERSONS.    Such  information  shall
include, but not be limited to, technology using computer assisted imag-
ing  to  "age  enhance" photographs of missing children AND PERSONS, and
technology that may be used to enter such photographs and  other  perti-
nent information concerning missing children AND PERSONS into a database
accessible to appropriate officials and persons.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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