senate Bill S1100

Amended

Relates to semi-annual reports by police agencies on missing children and vulnerable adults

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 17 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 17 / Jan / 2014
    • PRINT NUMBER 1100A
  • 13 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1060
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • SUBSTITUTED BY A6710A

Summary

Authorizes police agencies to include cases of missing vulnerable adults in their semi-annual reports to the division of criminal justice services.

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Bill Details

See Assembly Version of this Bill:
A6710
Versions:
S1100
S1100A
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd ยงยง837-m, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S216A, S216A
2009-2010: S1420, S1420
2013-2014: S1100

Sponsor Memo

BILL NUMBER:S1100

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 m~de 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:
S.4403-A of 2007/2008; Amended and Recommitted to Finance
S.1420/A.6056 of 2009/2010; Referred to Children and Families
S.216A of 2011/2012; Amend and Recommit to Children and Families

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.

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

                                  1100

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02289-01-3

S. 1100                             2

Notwithstanding  any  other  provision  of  law,  all revenues collected
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. 1100                             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
FOURTEEN 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  FOURTEEN prescribe general guidelines to enable the state legisla-
ture and state agencies to assist in the location and recovery of  miss-
ing  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
FIFTEEN  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. 1100                             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. 1100                             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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