senate Bill S3293B

Signed By Governor
2011-2012 Legislative Session

Creates the missing vulnerable adults clearinghouse

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Sponsored By

Archive: Last Bill Status Via A676 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 25, 2011 signed chap.222
Jul 22, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.420
substituted for s3293b
Jun 16, 2011 substituted by a676b
Jun 13, 2011 amended on third reading 3293b
Jun 07, 2011 amended on third reading 3293a
May 04, 2011 advanced to third reading
May 03, 2011 2nd report cal.
May 02, 2011 1st report cal.420
Feb 15, 2011 referred to finance

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3293 - Bill Details

See Assembly Version of this Bill:
A676B
Law Section:
Executive Law
Laws Affected:
Add §837-f-1, amd §838, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2056B, A5220B

S3293 - Bill Texts

view summary

Creates the missing vulnerable adults clearinghouse; provides for plan and implementation programs to ensure the most effective use of federal, state, and local resources in the investigation of missing vulnerable adults; disseminates a directory of resources to assist in locating missing vulnerable adults; provides for cooperation with the department of health, office of mental health, office for people with developmental disabilities, office for the aging, and other public and private organizations to develop education and prevention programs concerning the safety of vulnerable adults; provides assistance to federal, state and local agencies in the investigation of cases involving missing vulnerable adults; utilizes available resources to duplicate photographs and posters of vulnerable adults reported as missing by police and disseminates this information throughout the state; provides assistance in returning missing vulnerable adults who are located out of state; develops a curriculum for the training of law enforcement personnel investigating cases involving missing vulnerable adults, including recognition and management of vulnerable adults; operates a toll-free twenty-four hour hotline for the public to use to relay information concerning missing vulnerable adults; maintains and makes available to appropriate state and local law enforcement agencies information concerning technological advances that may assist in facilitating the recovery of missing vulnerable adults; takes such other steps as necessary to assist in education, prevention, service provision, and investigation of cases involving missing vulnerable adults.

view sponsor memo
BILL NUMBER:S3293

TITLE OF BILL:
An act
to amend the executive law, in relation to creating the missing
vulnerable adults clearinghouse

PURPOSE:
To enact a missing vulnerable adult alert system for New York State.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 837-FF to the executive law, creating the
missing vulnerable adults clearinghouse modeled on the Amber Alert
statute.

Section 2 is a severability clause.

Section 4 establishes an effective date.

JUSTIFICATION:
In 2007, a Syracuse woman who suffers from Alzheimer's disease left
her home in the middle of the night and, though the help of several
good Samaritans, traveled all the way to her former home in New
Haven, Connecticut. Medical authorities were only alerted after she
discovered someone living in her former house and became disoriented.
This incident and others like it demonstrate the need for a missing
vulnerable adult alert system for cognitively impaired residents
similar to the "Amber Alert" system. By enacting this law, New York
would join several other states, including Illinois, West Virginia,
North Carolina, and Texas, in taking steps to assist families of
cognitively impaired adults with locating their missing loved ones.

LEGISLATIVE HISTORY:
S.2026B/A.5220B (2009-2010)
Similar to S.758S/A.10265B (2007-2008)

FISCAL IMPLICATIONS:
Cost to the state is negligible because the missing vulnerable adults
clearinghouse created by this legislation would utilize the existing
"Amber Alert" infrastructure.

EFFECTIVE DATE:
On the one hundred twentieth day after it shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

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

                                  3293

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  VALESKY  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to creating  the  missing
  vulnerable adults clearinghouse

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

  Section 1. The executive law is amended by adding a new section 837-ff
to read as follows:
  S 837-FF. MISSING VULNERABLE ADULTS  CLEARINGHOUSE.  THERE  IS  HEREBY
ESTABLISHED  WITHIN  THE  DIVISION A MISSING VULNERABLE ADULTS CLEARING-
HOUSE TO PROVIDE A COMPREHENSIVE AND COORDINATED APPROACH TO THE PROBLEM
OF MISSING VULNERABLE ADULTS.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "VULNERABLE ADULT" SHALL MEAN AN INDIVIDUAL EIGHTEEN YEARS OF  AGE
OR  OLDER  WHO  HAS BEEN DIAGNOSED BY A PHYSICIAN AS BEING VULNERABLE OR
WHO HAS BEEN DESCRIBED  AS  VULNERABLE  BY  THE  INDIVIDUAL  MAKING  THE
REPORT.
  (B)  "VULNERABLE"  SHALL  DESCRIBE A PERSON WITH ANY COGNITIVE IMPAIR-
MENT, MENTAL DISABILITY, OR BRAIN DISORDER.
  (C) "MISSING VULNERABLE ADULT ALERT" SHALL MEAN A  METHOD  TO  DISSEM-
INATE  INFORMATION  REGARDING  A MISSING VULNERABLE ADULT TO THE GENERAL
PUBLIC. SUCH ALERTS SHALL PROVIDE NO MEDICAL INFORMATION AND IN  NO  WAY
INDICATE  THAT  THE  MISSING  PERSON  IS VULNERABLE. FOR THE PURPOSES OF
NOTIFICATIONS TO THE PUBLIC PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
THE ALERT SHALL BE TITLED "GOLD ALERT".
  2. THE COMMISSIONER SHALL BE AUTHORIZED TO:
  (A) PLAN AND IMPLEMENT PROGRAMS TO ENSURE THE MOST  EFFECTIVE  USE  OF
FEDERAL,  STATE,  AND  LOCAL  RESOURCES  IN THE INVESTIGATION OF MISSING
VULNERABLE ADULTS;
  (B) DISSEMINATE A DIRECTORY OF RESOURCES TO ASSIST IN LOCATING MISSING
VULNERABLE ADULTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03273-01-1

S. 3293                             2

  (C) COOPERATE WITH THE DEPARTMENT OF HEALTH, OFFICE OF MENTAL  HEALTH,
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR THE AGING,
AND  OTHER  PUBLIC  AND  PRIVATE  ORGANIZATIONS TO DEVELOP EDUCATION AND
PREVENTION PROGRAMS CONCERNING THE SAFETY OF VULNERABLE ADULTS;
  (D)  ASSIST FEDERAL, STATE, AND LOCAL AGENCIES IN THE INVESTIGATION OF
CASES INVOLVING MISSING VULNERABLE ADULTS;
  (E) UTILIZE AVAILABLE RESOURCES TO DUPLICATE PHOTOGRAPHS  AND  POSTERS
OF  VULNERABLE ADULTS REPORTED AS MISSING BY POLICE AND DISSEMINATE THIS
INFORMATION THROUGHOUT THE STATE PROVIDING SUCH  POSTERS  INDICATE  ONLY
THAT THE ADULT IS MISSING WITH NO MENTION OF VULNERABILITY;
  (F)  PROVIDE ASSISTANCE IN RETURNING MISSING VULNERABLE ADULTS WHO ARE
LOCATED OUT OF STATE;
  (G) DEVELOP A CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL
INVESTIGATING  CASES  INVOLVING  MISSING  VULNERABLE  ADULTS,  INCLUDING
RECOGNITION AND MANAGEMENT OF VULNERABLE ADULTS;
  (H) OPERATE A TOLL-FREE TWENTY-FOUR HOUR HOTLINE FOR THE PUBLIC TO USE
TO RELAY INFORMATION CONCERNING MISSING VULNERABLE ADULTS;
  (I)  MAINTAIN  AND  MAKE  AVAILABLE TO APPROPRIATE STATE AND LOCAL LAW
ENFORCEMENT AGENCIES INFORMATION CONCERNING TECHNOLOGICAL ADVANCES  THAT
MAY ASSIST IN FACILITATING THE RECOVERY OF MISSING VULNERABLE ADULTS;
  (J)  TAKE  SUCH  OTHER  STEPS  AS  NECESSARY  TO  ASSIST IN EDUCATION,
PREVENTION, SERVICE PROVISION,  AND  INVESTIGATION  OF  CASES  INVOLVING
MISSING VULNERABLE ADULTS;
  (K)  (1)  IN  CONSULTATION WITH THE DIVISION OF STATE POLICE AND OTHER
APPROPRIATE AGENCIES, DEVELOP, REGULARLY UPDATE,  AND  DISTRIBUTE  MODEL
MISSING  VULNERABLE  ADULT  PROMPT RESPONSE AND NOTIFICATION PLANS. SUCH
PLANS SHALL BE AVAILABLE FOR USE BY LOCAL COMMUNITIES AND  LAW  ENFORCE-
MENT PERSONNEL AND SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE 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
MISSING VULNERABLE ADULT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  (2) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (A) THE NAME OF  THE
MISSING  VULNERABLE  ADULT, A DESCRIPTION OF THE MISSING INDIVIDUAL, 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; (B) SUCH INFORMATION  MAY  BE  IMME-
DIATELY  PROVIDED, IN SUCH A MANNER AS TO ENSURE THAT IT IS NOT REVEALED
TO THE PUBLIC THAT THE MISSING PERSON IS VULNERABLE, (I)  ORALLY,  ELEC-
TRONICALLY,  OR  BY FACSIMILE TRANSMISSION TO ONE OR MORE RADIO STATIONS
AND OTHER BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY  INCLUDING,  BUT
NOT LIMITED TO, THOSE WHO HAVE VOLUNTARILY AGREED IN ADVANCE TO PROMPTLY
NOTIFY  OTHER  SUCH  RADIO  STATIONS AND BROADCAST MEDIA OUTLETS IN LIKE
MANNER AND (II) 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 PROVID-
ERS  IN  LIKE MANNER; (C) PARTICIPATING RADIO STATIONS AND OTHER PARTIC-
IPATING BROADCAST MEDIA OUTLETS SERVING THE  COMMUNITY  MAY  VOLUNTARILY
AGREE  TO  PROMPTLY BROADCAST A MISSING VULNERABLE ADULT ALERT PROVIDING
PERTINENT DETAILS CONCERNING THE MISSING VULNERABLE  ADULT'S  DISAPPEAR-
ANCE,  BREAKING  INTO REGULAR PROGRAMMING WHERE APPROPRIATE; (D) PARTIC-
IPATING INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE SERVICE PROVID-
ERS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPTLY  PROVIDE  BY
ELECTRONIC  MAIL  MESSAGE  A  MISSING  VULNERABLE  ADULT ALERT PROVIDING
PERTINENT DETAILS CONCERNING THE MISSING VULNERABLE  ADULT'S  DISAPPEAR-
ANCE;  (E)  POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNI-

S. 3293                             3

CATION 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; (F) A STATEWIDE RESPONSE
MUST BE INITIATED AS SOON AS LOCAL LAW ENFORCEMENT DEEMS IT IS NECESSARY
TO FIND THE MISSING VULNERABLE ADULT  UNLESS  THE  INVESTIGATING  POLICE
DEPARTMENT, IN THEIR DISCRETION, ADVISES THAT THE RELEASE OF SUCH INFOR-
MATION  MAY  JEOPARDIZE  THE  INVESTIGATION OR THE SAFETY OF THE MISSING
VULNERABLE  ADULT  OR  THE  INVESTIGATING  POLICE  DEPARTMENT   REQUESTS
FORBEARANCE FOR ANY REASON.
  (3)  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 VULNERABLE ADULT RESPONSE AND NOTIFICATION PLANS.
SUCH  UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO LOCAL GOVERNMENT ENTI-
TIES AND LOCAL LAW ENFORCEMENT AGENCIES  TO  ASSIST  SUCH  ENTITIES  AND
AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE GOAL
OF  IMPLEMENTING  AND  OPERATING SUCH PLANS IN EVERY JURISDICTION IN NEW
YORK STATE.
  3. ANY INDIVIDUAL WHO KNOWINGLY MAKES A  FALSE  REPORT  OF  A  MISSING
VULNERABLE ADULT SHALL BE GUILTY OF FALSELY REPORTING AN INCIDENT IN THE
THIRD DEGREE, WHICH IS PUNISHABLE BY A CLASS A MISDEMEANOR.
  4.  THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
LEGISLATURE REGARDING THE ACTIVITIES OF THE  MISSING  VULNERABLE  ADULTS
CLEARINGHOUSE INCLUDING STATISTICAL INFORMATION INVOLVING REPORTED CASES
OF  MISSING  VULNERABLE  ADULTS  AND A SUMMARY OF THE DIVISION'S EFFORTS
WITH RESPECT TO THE ACTIVITIES AUTHORIZED UNDER SUBDIVISION TWO OF  THIS
SECTION.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become law. Effective immediately,  the  addition,  amend-
ment, and repeal of any rule or regulation necessary for the implementa-
tion of this act on its effective date are authorized and directed to be
made and completed on or before such effective date.

Co-Sponsors

S3293A - Bill Details

See Assembly Version of this Bill:
A676B
Law Section:
Executive Law
Laws Affected:
Add §837-f-1, amd §838, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2056B, A5220B

S3293A - Bill Texts

view summary

Creates the missing vulnerable adults clearinghouse; provides for plan and implementation programs to ensure the most effective use of federal, state, and local resources in the investigation of missing vulnerable adults; disseminates a directory of resources to assist in locating missing vulnerable adults; provides for cooperation with the department of health, office of mental health, office for people with developmental disabilities, office for the aging, and other public and private organizations to develop education and prevention programs concerning the safety of vulnerable adults; provides assistance to federal, state and local agencies in the investigation of cases involving missing vulnerable adults; utilizes available resources to duplicate photographs and posters of vulnerable adults reported as missing by police and disseminates this information throughout the state; provides assistance in returning missing vulnerable adults who are located out of state; develops a curriculum for the training of law enforcement personnel investigating cases involving missing vulnerable adults, including recognition and management of vulnerable adults; operates a toll-free twenty-four hour hotline for the public to use to relay information concerning missing vulnerable adults; maintains and makes available to appropriate state and local law enforcement agencies information concerning technological advances that may assist in facilitating the recovery of missing vulnerable adults; takes such other steps as necessary to assist in education, prevention, service provision, and investigation of cases involving missing vulnerable adults.

view sponsor memo
BILL NUMBER:S3293A

TITLE OF BILL:
An act
to amend the executive law, in relation to creating the missing
vulnerable adults clearinghouse

PURPOSE:
To enact a missing vulnerable adult alert system for New York State.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 837-F-1 to the executive law, creating the
missing vulnerable adults clearinghouse modeled on the Amber Alert
statute.

Section 4 is a severability clause.

Section 5 establishes an effective date.

JUSTIFICATION:
In 2007, a Syracuse woman who suffers from Alzheimer's disease left
her home in the middle of the night and, though the help of several
good Samaritans, traveled all the way to her former home in New
Haven, Connecticut. Medical authorities were only alerted after she
discovered someone living in her former house and became disoriented.
This incident and others like it demonstrate the need for a missing
vulnerable adult alert system for cognitively impaired residents
similar to the "Amber Alert" system. By enacting this law, New York
would join several other states, including Illinois, West Virginia,
North Carolina, and Texas, in taking steps to assist families of
cognitively impaired adults with locating their missing loved ones.

LEGISLATIVE HISTORY:
S.2026B/A.5220B (2009-2010)
Similar to S.758S/A.10265B (2007-2008)

FISCAL IMPLICATIONS:
Cost to the state is negligible because the missing vulnerable adults
clearinghouse created by this legislation would utilize the existing
"Amber Alert" infrastructure.

EFFECTIVE DATE:
On the one hundred twentieth day after it shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--A
    Cal. No. 420

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, VALESKY, AVELLA, CARLUCCI, KENNEDY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the executive law, in relation to creating  the  missing
  vulnerable adults clearinghouse

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

  Section 1. The executive law  is  amended  by  adding  a  new  section
837-f-1 to read as follows:
  S  837-F-1.  MISSING  VULNERABLE ADULTS CLEARINGHOUSE. THERE IS HEREBY
ESTABLISHED WITHIN THE DIVISION A MISSING  VULNERABLE  ADULTS  CLEARING-
HOUSE TO PROVIDE A COMPREHENSIVE AND COORDINATED APPROACH TO THE PROBLEM
OF MISSING VULNERABLE ADULTS.
  1. FOR PURPOSES OF THIS SECTION:
  (A)  "VULNERABLE ADULT" SHALL MEAN AN INDIVIDUAL EIGHTEEN YEARS OF AGE
OR OLDER WHO HAS A COGNITIVE IMPAIRMENT,  MENTAL  DISABILITY,  OR  BRAIN
DISORDER  AND WHOSE DISAPPEARANCE HAS BEEN DETERMINED BY LAW ENFORCEMENT
TO POSE A CREDITABLE THREAT OF HARM TO SUCH MISSING INDIVIDUAL.
  (B) "MISSING VULNERABLE ADULT ALERT" SHALL MEAN A  METHOD  TO  DISSEM-
INATE  INFORMATION  REGARDING  A MISSING VULNERABLE ADULT TO THE GENERAL
PUBLIC IN A MANNER CONSISTENT WITH PARAGRAPH (N) OF SUBDIVISION  TWO  OF
THIS SECTION.
  2. THE COMMISSIONER SHALL BE AUTHORIZED TO:
  (A)  PLAN  AND  IMPLEMENT PROGRAMS TO ENSURE THE MOST EFFECTIVE USE OF
FEDERAL, STATE, AND LOCAL RESOURCES  IN  THE  INVESTIGATION  OF  MISSING
VULNERABLE ADULTS;
  (B) DISSEMINATE A DIRECTORY OF RESOURCES TO ASSIST IN LOCATING MISSING
VULNERABLE ADULTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03273-05-1

S. 3293--A                          2

  (C)  COOPERATE WITH THE DEPARTMENT OF HEALTH, OFFICE OF MENTAL HEALTH,
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR THE AGING,
AND OTHER PUBLIC AND PRIVATE  ORGANIZATIONS  TO  DEVELOP  EDUCATION  AND
PREVENTION PROGRAMS CONCERNING THE SAFETY OF VULNERABLE ADULTS;
  (D)  ASSIST FEDERAL, STATE, AND LOCAL AGENCIES IN THE INVESTIGATION OF
CASES INVOLVING MISSING VULNERABLE ADULTS;
  (E) UTILIZE AVAILABLE RESOURCES TO DUPLICATE PHOTOGRAPHS  AND  POSTERS
OF  VULNERABLE ADULTS REPORTED AS MISSING BY POLICE AND DISSEMINATE THIS
INFORMATION THROUGHOUT THE STATE;
  (F) PROVIDE ASSISTANCE IN RETURNING MISSING VULNERABLE ADULTS WHO  ARE
LOCATED OUT OF STATE;
  (G) DEVELOP A CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL
INVESTIGATING  CASES  INVOLVING  MISSING  VULNERABLE  ADULTS,  INCLUDING
RECOGNITION AND MANAGEMENT OF VULNERABLE ADULTS;
  (H) OPERATE A TOLL-FREE TWENTY-FOUR HOUR HOTLINE FOR THE PUBLIC TO USE
TO RELAY INFORMATION CONCERNING MISSING VULNERABLE ADULTS;
  (I) ESTABLISH A  CASE  DATABASE  THAT  SHALL  INCLUDE  NON-IDENTIFYING
INFORMATION ON REPORTED MISSING VULNERABLE ADULTS AND FACTS DEVELOPED IN
THE  PHASES  OF  A  SEARCH;  AND  ANALYZE  SUCH DATA FOR THE PURPOSES OF
ASSISTING LAW ENFORCEMENT IN THEIR  CURRENT  INVESTIGATIONS  OF  MISSING
VULNERABLE  ADULTS, DEVELOPING PREVENTION PROGRAMS AND INCREASING UNDER-
STANDING OF THE NATURE AND EXTENT OF THE PROBLEM;
  (J) PRESCRIBE GENERAL GUIDELINES TO ENABLE STATE AGENCIES TO ASSIST IN
THE LOCATION AND RECOVERY OF MISSING VULNERABLE ADULTS.  THE  GUIDELINES
SHALL PROVIDE INFORMATION RELATING TO:
  (1)  THE FORM AND MANNER IN WHICH MATERIALS AND INFORMATION PERTAINING
TO MISSING VULNERABLE ADULTS, INCLUDING, BUT NOT LIMITED  TO,  BIOGRAPH-
ICAL DATA AND PICTURES, SKETCHES, OR OTHER LIKENESSES MAY BE INCLUDED IN
STATIONARY,  NEWSLETTERS,  AND  OTHER  WRITTEN  OR ELECTRONIC PRINTINGS,
PROVIDED SUCH GUIDELINES ARE  CONSISTENT  WITH  PARAGRAPH  (N)  OF  THIS
SUBDIVISION;
  (2)  APPROPRIATE SOURCES FROM WHICH SUCH MATERIALS AND INFORMATION MAY
BE OBTAINED;
  (3) THE PROCEDURES BY WHICH SUCH  MATERIALS  AND  INFORMATION  MAY  BE
OBTAINED; AND
  (4) ANY OTHER MATTER THE CLEARINGHOUSE MAY DEEM IMPORTANT;
  (K)  MAINTAIN  AND  MAKE  AVAILABLE TO APPROPRIATE STATE AND LOCAL LAW
ENFORCEMENT AGENCIES INFORMATION CONCERNING TECHNOLOGICAL ADVANCES  THAT
MAY ASSIST IN FACILITATING THE RECOVERY OF MISSING VULNERABLE ADULTS;
  (L)  TAKE  SUCH  OTHER  STEPS  AS  NECESSARY  TO  ASSIST IN EDUCATION,
PREVENTION, SERVICE PROVISION,  AND  INVESTIGATION  OF  CASES  INVOLVING
MISSING VULNERABLE ADULTS;
  (M)  (1)  IN  CONSULTATION WITH THE DIVISION OF STATE POLICE AND OTHER
APPROPRIATE AGENCIES, DEVELOP, REGULARLY UPDATE,  AND  DISTRIBUTE  MODEL
MISSING  VULNERABLE  ADULT  PROMPT RESPONSE AND NOTIFICATION PLANS. SUCH
PLANS SHALL BE AVAILABLE FOR USE BY LOCAL COMMUNITIES AND  LAW  ENFORCE-
MENT PERSONNEL AND SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE 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
MISSING VULNERABLE ADULT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  (2) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (A) THE NAME OF  THE
MISSING  VULNERABLE  ADULT, A DESCRIPTION OF THE MISSING INDIVIDUAL, 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; (B) SUCH INFORMATION  MAY  BE  IMME-
DIATELY  PROVIDED,  IN  A  MANNER  CONSISTENT WITH PARAGRAPH (N) OF THIS

S. 3293--A                          3

SUBDIVISION, (I) ORALLY, ELECTRONICALLY, OR BY FACSIMILE TRANSMISSION TO
ONE OR MORE RADIO STATIONS AND OTHER BROADCAST MEDIA OUTLETS SERVING THE
COMMUNITY INCLUDING, BUT NOT LIMITED  TO,  THOSE  WHO  HAVE  VOLUNTARILY
AGREED  IN  ADVANCE  TO  PROMPTLY  NOTIFY  OTHER SUCH RADIO STATIONS AND
BROADCAST MEDIA OUTLETS IN LIKE  MANNER  AND  (II)  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; (C) PARTICIPATING  RADIO
STATIONS  AND  OTHER  PARTICIPATING  BROADCAST MEDIA OUTLETS SERVING THE
COMMUNITY MAY VOLUNTARILY AGREE TO PROMPTLY BROADCAST A MISSING  VULNER-
ABLE  ADULT  ALERT  PROVIDING  PERTINENT  DETAILS CONCERNING THE MISSING
VULNERABLE ADULT'S  DISAPPEARANCE,  BREAKING  INTO  REGULAR  PROGRAMMING
WHERE  APPROPRIATE;  (D)  PARTICIPATING  INTERNET  SERVICE PROVIDERS AND
COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY MAY  VOLUNTAR-
ILY  AGREE  TO  PROMPTLY  PROVIDE  BY  ELECTRONIC MAIL MESSAGE A MISSING
VULNERABLE ADULT ALERT PROVIDING PERTINENT DETAILS CONCERNING THE  MISS-
ING  VULNERABLE ADULT'S DISAPPEARANCE; (E) 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 ELEC-
TRONIC ENTRY POINT, FROM WHICH POINT IT MAY BE  PROMPTLY  DISPATCHED  IN
CONFORMITY  WITH THE ORDERS, RULES, OR REGULATIONS GOVERNING THE SYSTEM;
(F) A STATEWIDE RESPONSE MAY BE INITIATED AS SOON AS THE DIVISION  DEEMS
IT  IS  NECESSARY TO FIND THE MISSING VULNERABLE ADULT.  SUCH A PLAN MAY
NOT REQUIRE THE ISSUANCE OF AN ALERT IF THE INVESTIGATING POLICE DEPART-
MENT, IN ITS DISCRETION, ADVISES THAT THE RELEASE  OF  SUCH  INFORMATION
MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE MISSING VULNERABLE
ADULT  OR  THE  INVESTIGATING POLICE DEPARTMENT REQUESTS FORBEARANCE FOR
ANY REASON.
  (3) 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 VULNERABLE ADULT RESPONSE AND NOTIFICATION PLANS.
SUCH UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO LOCAL GOVERNMENT  ENTI-
TIES  AND  LOCAL  LAW  ENFORCEMENT  AGENCIES TO ASSIST SUCH ENTITIES AND
AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE GOAL
OF IMPLEMENTING AND OPERATING SUCH PLANS IN EVERY  JURISDICTION  IN  NEW
YORK STATE.
  (N)  DISSEMINATE  SPECIFIC MEDICAL INFORMATION ABOUT A MISSING VULNER-
ABLE ADULT TO THE EXTENT THAT SUCH MEDICAL INFORMATION INDICATES A PHYS-
ICAL QUALITY OR BEHAVIORAL TRAIT THAT IS READILY APPARENT  AND  CONTRIB-
UTES  TO  A PHYSICAL OR BEHAVIORAL DESCRIPTION OF THE MISSING VULNERABLE
ADULT PROVIDED THAT MORE EXTENSIVE INFORMATION RELATING TO  THE  MISSING
VULNERABLE  ADULT'S  MEDICAL  DIAGNOSIS AND CONDITION MAY BE PROVIDED TO
LAW ENFORCEMENT PERSONNEL AS NEEDED.
  3. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR  AND
LEGISLATURE  REGARDING  THE  ACTIVITIES OF THE MISSING VULNERABLE ADULTS
CLEARINGHOUSE INCLUDING STATISTICAL INFORMATION INVOLVING REPORTED CASES
OF MISSING VULNERABLE ADULTS AND A SUMMARY  OF  THE  DIVISION'S  EFFORTS
WITH  RESPECT TO THE ACTIVITIES AUTHORIZED UNDER SUBDIVISION TWO OF THIS
SECTION.
  S 2. Subdivision 7 of section 838 of the executive law,  as  added  by
chapter  670 of the laws of 1982, is amended and two new subdivisions 10
and 11 are added to read as follows:

S. 3293--A                          4

  7. (A) When a person previously reported missing has been  found,  the
superintendent  of  state  police,  sheriff, chief of police, coroner or
medical examiner, or other law enforcement  authority  shall  erase  all
records  with  respect to such person and/or destroy any documents which
are maintained pursuant to this section and shall report to the division
that  the  person has been found and that the records and documents have
been so erased or destroyed. After receiving such a report, the division
shall erase all records with respect to such person and/or  destroy  any
documents which are maintained pursuant to this section.
  (B)  NOTHING  IN PARAGRAPH (A) OF THIS SUBDIVISION SHOULD BE CONSTRUED
AS PROHIBITING LAW ENFORCEMENT  AGENCIES  FROM  MAINTAINING  CASE  FILES
RELATING TO VULNERABLE ADULTS, AS DEFINED IN SECTION EIGHT HUNDRED THIR-
TY-SEVEN-F-1  OF  THIS  ARTICLE,  WHO  WERE  REPORTED MISSING, PROVIDED,
HOWEVER, THAT ANY DNA, FINGERPRINTS, AND/OR DENTAL RECORDS  ACQUIRED  IN
THE  COURSE  OF  SUCH  INVESTIGATION SHALL BE ERASED AND/OR DESTROYED IN
ACCORDANCE WITH PARAGRAPH (A)  OF  THIS  SUBDIVISION  AFTER  THE  PERSON
PREVIOUSLY REPORTED MISSING HAS BEEN FOUND.
  (C)  (I) NOTWITHSTANDING THE PROVISION OF PARAGRAPH (A) OF THIS SUBDI-
VISION, IF A VULNERABLE ADULT, AS DEFINED IN SECTION EIGHT HUNDRED THIR-
TY-SEVEN-F-1 OF THIS  ARTICLE,  PREVIOUSLY  REPORTED  MISSING  HAS  BEEN
FOUND,  THE DIVISION SHALL MAINTAIN A SEALED RECORD OF THE CASE FILE FOR
A PERIOD OF TEN YEARS, AFTER WHICH IT SHALL BE ERASED AND/OR  DESTROYED.
THE SEALED RECORD SHALL BE UNSEALED IF THE INDIVIDUAL TO WHOM THE RECORD
PERTAINS  IS REPORTED MISSING ON A SUBSEQUENT OCCASION, OR IF NEEDED FOR
EVIDENTIARY PURPOSES IN ANY CIVIL LITIGATION AGAINST THE DIVISION OR ITS
PERSONNEL THAT ARISES FROM THE INVESTIGATION. HOWEVER, IN THE EVENT THAT
THERE ARE GROUNDS FOR A CRIMINAL ACTION ARISING FROM THE  INVESTIGATION,
NOTHING  IN  THIS  SUBDIVISION  SHALL  BE INTERPRETED AS PROHIBITING THE
DIVISION FROM ALLOWING SUCH RECORDS TO REMAIN UNSEALED UNTIL SUCH CRIMI-
NAL ACTION IS CONCLUDED OR OTHERWISE RESOLVED.
  (II) THE DIVISION SHALL ESTABLISH RULES AND  REGULATIONS  RELATING  TO
THE UNSEALING OF RECORDS. SUCH RULES AND REGULATIONS SHALL REQUIRE THAT,
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE PROCESS OF UNSEALING
SUCH RECORDS SHALL TAKE NO LONGER THAN TWO HOURS FROM THE TIME THE DIVI-
SION  RECEIVES  A  REPORT  THAT  A VULNERABLE ADULT, FOR WHOM THERE IS A
PREVIOUS RECORD, IS MISSING.
  10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  NO  CRIMINAL  JUSTICE
AGENCY  SHALL  ESTABLISH OR MAINTAIN ANY POLICY THAT REQUIRES THE OBSER-
VANCE OF A WAITING PERIOD BEFORE ACCEPTING AND INVESTIGATING A REPORT OF
A  MISSING  VULNERABLE  ADULT  AS  DEFINED  IN  SECTION  EIGHT   HUNDRED
THIRTY-SEVEN-F-1 OF THIS ARTICLE. UPON RECEIPT OF A REPORT OF SUCH MISS-
ING  VULNERABLE  ADULT,  CRIMINAL JUSTICE AGENCIES SHALL MAKE ENTRIES OF
SUCH REPORT IN  THE  MANNER  PROVIDED  BY  SUBDIVISION  ELEVEN  OF  THIS
SECTION.
  11.  WHENEVER  A CRIMINAL JUSTICE AGENCY DETERMINES THAT A PERSON IS A
MISSING  VULNERABLE  ADULT,  AS  DEFINED  IN   SECTION   EIGHT   HUNDRED
THIRTY-SEVEN-F-1  OF THIS ARTICLE, OR THAT AN UNIDENTIFIED LIVING PERSON
MAY BE A MISSING VULNERABLE ADULT, SUCH CRIMINAL  JUSTICE  AGENCY  SHALL
ENTER  THE  REPORT  OF  SUCH MISSING VULNERABLE ADULT IN ANY DATABASE OF
MISSING PERSONS MAINTAINED BY THE DIVISION AND THE FEDERAL GOVERNMENT.
  S 3. The provisions of this act shall not be construed to limit in any
way the authority of a municipality to enact, implement, and continue to
enforce local laws and regulations relating to an alert system to locate
missing individuals that were in effect prior to the effective  date  of
this  act,  or  to  enact, implement, and enforce any amendments thereto
after the effective date of this act.

S. 3293--A                          5

  S 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become law. Effective immediately,  the  addition,  amendment,  and
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

Co-Sponsors

view additional co-sponsors

S3293B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A676B
Law Section:
Executive Law
Laws Affected:
Add §837-f-1, amd §838, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2056B, A5220B

S3293B (ACTIVE) - Bill Texts

view summary

Creates the missing vulnerable adults clearinghouse; provides for plan and implementation programs to ensure the most effective use of federal, state, and local resources in the investigation of missing vulnerable adults; disseminates a directory of resources to assist in locating missing vulnerable adults; provides for cooperation with the department of health, office of mental health, office for people with developmental disabilities, office for the aging, and other public and private organizations to develop education and prevention programs concerning the safety of vulnerable adults; provides assistance to federal, state and local agencies in the investigation of cases involving missing vulnerable adults; utilizes available resources to duplicate photographs and posters of vulnerable adults reported as missing by police and disseminates this information throughout the state; provides assistance in returning missing vulnerable adults who are located out of state; develops a curriculum for the training of law enforcement personnel investigating cases involving missing vulnerable adults, including recognition and management of vulnerable adults; operates a toll-free twenty-four hour hotline for the public to use to relay information concerning missing vulnerable adults; maintains and makes available to appropriate state and local law enforcement agencies information concerning technological advances that may assist in facilitating the recovery of missing vulnerable adults; takes such other steps as necessary to assist in education, prevention, service provision, and investigation of cases involving missing vulnerable adults.

view sponsor memo
BILL NUMBER:S3293B

TITLE OF BILL:
An act
to amend the executive law, in relation to creating the missing
vulnerable adults clearinghouse

PURPOSE:
To enact a missing vulnerable adult alert system for New York State.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 837-FF to the executive law, creating the
missing vulnerable adults clearinghouse modeled on the Amber Alert
statute.

Section 2 is a severability clause.

Section 4 establishes an effective date.

JUSTIFICATION:
In 2007, a Syracuse woman who suffers from Alzheimer's disease left
her home in the middle of the night and, though the help of several
good Samaritans, traveled all the way to her former home in New
Haven, Connecticut. Medical authorities were only alerted after she
discovered someone living in her former house and became disoriented.
This incident and others like it demonstrate the need for a missing
vulnerable adult alert system for cognitively impaired residents
similar to the "Amber Alert" system. By enacting this law, New York
would join several other states, including Illinois, West Virginia,
North Carolina, and Texas, in taking steps to assist families of
cognitively impaired adults with locating their missing loved ones.

LEGISLATIVE HISTORY:
S.2026B/A.5220B (2009-2010)
Similar to S.758S/A.10265B (2007-2008)

FISCAL IMPLICATIONS:
Cost to the state is negligible because the missing vulnerable adults
clearinghouse created by this legislation would utilize the existing
"Amber Alert" infrastructure.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

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

                                 3293--B
    Cal. No. 420

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, VALESKY, AVELLA, CARLUCCI, KENNEDY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading -- again amended and ordered  reprinted,  retaining  its
  place in the order of third reading

AN  ACT  to amend the executive law, in relation to creating the missing
  vulnerable adults clearinghouse

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

  Section  1.  The  executive  law  is  amended  by adding a new section
837-f-1 to read as follows:
  S 837-F-1. MISSING VULNERABLE ADULTS CLEARINGHOUSE.  THERE  IS  HEREBY
ESTABLISHED  WITHIN  THE  DIVISION A MISSING VULNERABLE ADULTS CLEARING-
HOUSE TO PROVIDE A COMPREHENSIVE AND COORDINATED APPROACH TO THE PROBLEM
OF MISSING VULNERABLE ADULTS.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "VULNERABLE ADULT" SHALL MEAN AN INDIVIDUAL EIGHTEEN YEARS OF  AGE
OR  OLDER  WHO  HAS  A COGNITIVE IMPAIRMENT, MENTAL DISABILITY, OR BRAIN
DISORDER AND WHOSE DISAPPEARANCE HAS BEEN DETERMINED BY LAW  ENFORCEMENT
TO POSE A CREDITABLE THREAT OF HARM TO SUCH MISSING INDIVIDUAL.
  (B)  "MISSING  VULNERABLE  ADULT ALERT" SHALL MEAN A METHOD TO DISSEM-
INATE INFORMATION REGARDING A MISSING VULNERABLE ADULT  TO  THE  GENERAL
PUBLIC  IN  A MANNER CONSISTENT WITH PARAGRAPH (N) OF SUBDIVISION TWO OF
THIS SECTION.
  2. THE COMMISSIONER SHALL BE AUTHORIZED TO:
  (A) PLAN AND IMPLEMENT PROGRAMS TO ENSURE THE MOST  EFFECTIVE  USE  OF
FEDERAL,  STATE,  AND  LOCAL  RESOURCES  IN THE INVESTIGATION OF MISSING
VULNERABLE ADULTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03273-09-1

S. 3293--B                          2

  (B) DISSEMINATE A DIRECTORY OF RESOURCES TO ASSIST IN LOCATING MISSING
VULNERABLE ADULTS;
  (C)  COOPERATE WITH THE DEPARTMENT OF HEALTH, OFFICE OF MENTAL HEALTH,
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR THE AGING,
AND OTHER PUBLIC AND PRIVATE  ORGANIZATIONS  TO  DEVELOP  EDUCATION  AND
PREVENTION PROGRAMS CONCERNING THE SAFETY OF VULNERABLE ADULTS;
  (D)  ASSIST FEDERAL, STATE, AND LOCAL AGENCIES IN THE INVESTIGATION OF
CASES INVOLVING MISSING VULNERABLE ADULTS;
  (E) UTILIZE AVAILABLE RESOURCES TO DUPLICATE PHOTOGRAPHS  AND  POSTERS
OF  VULNERABLE ADULTS REPORTED AS MISSING BY POLICE AND DISSEMINATE THIS
INFORMATION THROUGHOUT THE STATE;
  (F) PROVIDE ASSISTANCE IN RETURNING MISSING VULNERABLE ADULTS WHO  ARE
LOCATED OUT OF STATE;
  (G) DEVELOP A CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL
INVESTIGATING  CASES  INVOLVING  MISSING  VULNERABLE  ADULTS,  INCLUDING
RECOGNITION AND MANAGEMENT OF VULNERABLE ADULTS;
  (H) OPERATE A TOLL-FREE TWENTY-FOUR HOUR HOTLINE FOR THE PUBLIC TO USE
TO RELAY INFORMATION CONCERNING MISSING VULNERABLE ADULTS;
  (I) ESTABLISH A  CASE  DATABASE  THAT  SHALL  INCLUDE  NON-IDENTIFYING
INFORMATION ON REPORTED MISSING VULNERABLE ADULTS AND FACTS DEVELOPED IN
THE  PHASES  OF  A  SEARCH;  AND  ANALYZE  SUCH DATA FOR THE PURPOSES OF
ASSISTING LAW ENFORCEMENT IN THEIR  CURRENT  INVESTIGATIONS  OF  MISSING
VULNERABLE  ADULTS, DEVELOPING PREVENTION PROGRAMS AND INCREASING UNDER-
STANDING OF THE NATURE AND EXTENT OF THE PROBLEM;
  (J) PRESCRIBE GENERAL GUIDELINES TO ENABLE STATE AGENCIES TO ASSIST IN
THE LOCATION AND RECOVERY OF MISSING VULNERABLE ADULTS.  THE  GUIDELINES
SHALL PROVIDE INFORMATION RELATING TO:
  (I)  THE FORM AND MANNER IN WHICH MATERIALS AND INFORMATION PERTAINING
TO MISSING VULNERABLE ADULTS, INCLUDING, BUT NOT LIMITED  TO,  BIOGRAPH-
ICAL  DATA  AND PICTURES, SKETCHES, OR OTHER LIKENESSES, MAY BE INCLUDED
IN STATIONARY, NEWSLETTERS, AND OTHER WRITTEN OR  ELECTRONIC  PRINTINGS,
PROVIDED  SUCH  GUIDELINES  ARE  CONSISTENT  WITH  PARAGRAPH (N) OF THIS
SUBDIVISION;
  (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 MAY DEEM IMPORTANT;
  (K)  MAINTAIN  AND  MAKE  AVAILABLE TO APPROPRIATE STATE AND LOCAL LAW
ENFORCEMENT AGENCIES INFORMATION CONCERNING TECHNOLOGICAL ADVANCES  THAT
MAY ASSIST IN FACILITATING THE RECOVERY OF MISSING VULNERABLE ADULTS;
  (L)  TAKE  SUCH  OTHER  STEPS  AS  NECESSARY  TO  ASSIST IN EDUCATION,
PREVENTION, SERVICE PROVISION,  AND  INVESTIGATION  OF  CASES  INVOLVING
MISSING VULNERABLE ADULTS;
  (M)  (I)  IN  CONSULTATION WITH THE DIVISION OF STATE POLICE AND OTHER
APPROPRIATE AGENCIES, DEVELOP, REGULARLY UPDATE,  AND  DISTRIBUTE  MODEL
MISSING  VULNERABLE  ADULT  PROMPT RESPONSE AND NOTIFICATION PLANS. SUCH
PLANS SHALL BE AVAILABLE FOR USE BY LOCAL COMMUNITIES AND  LAW  ENFORCE-
MENT PERSONNEL, AND SHALL INVOLVE A PROACTIVE, COORDINATED RESPONSE 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
MISSING VULNERABLE ADULT, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  (II) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (A) THE NAME OF THE
MISSING VULNERABLE ADULT, A DESCRIPTION OF THE MISSING  INDIVIDUAL,  AND
OTHER  PERTINENT  INFORMATION MAY BE PROMPTLY DISPATCHED OVER THE POLICE
COMMUNICATION SYSTEM  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION  TWO

S. 3293--B                          3

HUNDRED  TWENTY-ONE  OF  THIS CHAPTER; (B) SUCH INFORMATION MAY BE IMME-
DIATELY PROVIDED, IN A MANNER CONSISTENT  WITH  PARAGRAPH  (N)  OF  THIS
SUBDIVISION,  BOTH  (1)  ORALLY,  ELECTRONICALLY, OR BY FACSIMILE TRANS-
MISSION  TO ONE OR MORE RADIO STATIONS AND OTHER BROADCAST MEDIA OUTLETS
SERVING THE COMMUNITY INCLUDING, BUT NOT  LIMITED  TO,  THOSE  WHO  HAVE
VOLUNTARILY  AGREED  IN  ADVANCE  TO  PROMPTLY  NOTIFY  OTHER SUCH RADIO
STATIONS AND BROADCAST MEDIA OUTLETS IN LIKE MANNER AND (2) BY ELECTRON-
IC MAIL MESSAGE TO ONE OR MORE INTERNET SERVICE PROVIDERS AND COMMERCIAL
MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY INCLUDING, BUT NOT LIMIT-
ED TO, THOSE WHICH HAVE VOLUNTARILY AGREED IN ADVANCE TO PROMPTLY NOTIFY
OTHER SUCH INTERNET SERVICE PROVIDERS IN LIKE MANNER; (C)  PARTICIPATING
RADIO  STATIONS  AND OTHER PARTICIPATING BROADCAST MEDIA OUTLETS SERVING
THE COMMUNITY MAY VOLUNTARILY AGREE  TO  PROMPTLY  BROADCAST  A  MISSING
VULNERABLE  ADULT ALERT PROVIDING PERTINENT DETAILS CONCERNING THE MISS-
ING VULNERABLE ADULT'S DISAPPEARANCE, BREAKING INTO REGULAR  PROGRAMMING
WHERE  APPROPRIATE;  (D)  PARTICIPATING  INTERNET  SERVICE PROVIDERS AND
COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE COMMUNITY MAY  VOLUNTAR-
ILY  AGREE  TO  PROMPTLY  PROVIDE  BY  ELECTRONIC MAIL MESSAGE A MISSING
VULNERABLE ADULT ALERT PROVIDING PERTINENT DETAILS CONCERNING THE  MISS-
ING  VULNERABLE ADULT'S DISAPPEARANCE; (E) 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 ELEC-
TRONIC ENTRY POINT, FROM WHICH POINT IT MAY BE  PROMPTLY  DISPATCHED  IN
CONFORMITY  WITH THE ORDERS, RULES, OR REGULATIONS GOVERNING THE SYSTEM;
(F) A STATEWIDE RESPONSE MAY BE INITIATED AS SOON AS THE DIVISION  DEEMS
IT  IS  NECESSARY TO FIND THE MISSING VULNERABLE ADULT.  SUCH A PLAN MAY
NOT REQUIRE THE ISSUANCE OF AN ALERT IF THE INVESTIGATING POLICE DEPART-
MENT, IN ITS DISCRETION, ADVISES THAT THE RELEASE  OF  SUCH  INFORMATION
MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE MISSING VULNERABLE
ADULT  OR  THE  INVESTIGATING POLICE DEPARTMENT REQUESTS FORBEARANCE FOR
ANY REASON.
  (III) 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 VULNERABLE ADULT RESPONSE AND NOTIFICATION PLANS.
SUCH  UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO LOCAL GOVERNMENT ENTI-
TIES AND LOCAL LAW ENFORCEMENT AGENCIES  TO  ASSIST  SUCH  ENTITIES  AND
AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE GOAL
OF  IMPLEMENTING  AND  OPERATING SUCH PLANS IN EVERY JURISDICTION IN NEW
YORK STATE.
  (N) DISSEMINATE SPECIFIC MEDICAL INFORMATION ABOUT A  MISSING  VULNER-
ABLE ADULT TO THE EXTENT THAT SUCH MEDICAL INFORMATION INDICATES A PHYS-
ICAL  QUALITY  OR BEHAVIORAL TRAIT THAT IS READILY APPARENT AND CONTRIB-
UTES TO A PHYSICAL OR BEHAVIORAL DESCRIPTION OF THE  MISSING  VULNERABLE
ADULT,  PROVIDED THAT MORE EXTENSIVE INFORMATION RELATING TO THE MISSING
VULNERABLE ADULT'S MEDICAL DIAGNOSIS AND CONDITION MAY  BE  PROVIDED  TO
LAW ENFORCEMENT PERSONNEL AS NEEDED.
  3.  THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
LEGISLATURE REGARDING THE ACTIVITIES OF THE  MISSING  VULNERABLE  ADULTS
CLEARINGHOUSE,  INCLUDING  STATISTICAL  INFORMATION  INVOLVING  REPORTED
CASES OF MISSING VULNERABLE ADULTS  AND  A  SUMMARY  OF  THE  DIVISION'S
EFFORTS  WITH RESPECT TO THE ACTIVITIES AUTHORIZED UNDER SUBDIVISION TWO
OF THIS SECTION.

S. 3293--B                          4

  S 2. Subdivision 7 of section 838 of the executive law,  as  added  by
chapter  670 of the laws of 1982, is amended and two new subdivisions 10
and 11 are added to read as follows:
  7.  (A)  When a person previously reported missing has been found, the
superintendent of state police, sheriff, chief  of  police,  coroner  or
medical  examiner,  or  other  law enforcement authority shall erase all
records with respect to such person and/or destroy any  documents  which
are maintained pursuant to this section and shall report to the division
that  the  person has been found and that the records and documents have
been so erased or destroyed. After receiving such a report, the division
shall erase all records with respect to such person and/or  destroy  any
documents which are maintained pursuant to this section.
  (B) NOTHING IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE CONSTRUED AS
PROHIBITING  LAW ENFORCEMENT AGENCIES FROM MAINTAINING CASE FILES RELAT-
ING  TO  VULNERABLE  ADULTS,  AS  DEFINED  IN  SECTION   EIGHT   HUNDRED
THIRTY-SEVEN-F-ONE,  WHO  WERE REPORTED MISSING, PROVIDED, HOWEVER, THAT
ANY DNA, FINGERPRINTS AND/OR DENTAL RECORDS ACQUIRED IN  THE  COURSE  OF
SUCH  INVESTIGATION  SHALL BE ERASED AND/OR DESTROYED IN ACCORDANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION AFTER THE PERSON  PREVIOUSLY  REPORTED
MISSING HAS BEEN FOUND.
  (C) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
VISION,  IF  A  VULNERABLE  ADULT, AS DEFINED IN   SECTION EIGHT HUNDRED
THIRTY-SEVEN-F-ONE OF THIS ARTICLE, PREVIOUSLY REPORTED MISSING HAS BEEN
FOUND, THE DIVISION SHALL MAINTAIN A SEALED RECORD OF THE CASE FILE  FOR
A  PERIOD OF TEN YEARS, AFTER WHICH IT SHALL BE ERASED AND/OR DESTROYED.
THE SEALED RECORD SHALL BE UNSEALED IF THE INDIVIDUAL TO WHOM THE RECORD
PERTAINS IS REPORTED MISSING ON A SUBSEQUENT OCCASION OR IF  NEEDED  FOR
EVIDENTIARY PURPOSES IN ANY CIVIL LITIGATION AGAINST THE DIVISION OR ITS
PERSONNEL  THAT  ARISES  FROM THE INVESTIGATION.   HOWEVER, IN THE EVENT
THAT THERE ARE GROUNDS FOR A CRIMINAL ACTION ARISING FROM  THE  INVESTI-
GATION,  NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED AS PROHIBITING
THE DIVISION FROM ALLOWING SUCH RECORDS TO REMAIN  UNSEALED  UNTIL  SUCH
CRIMINAL ACTION IS CONCLUDED OR OTHERWISE RESOLVED.
  (II)  THE  DIVISION  SHALL ESTABLISH RULES AND REGULATIONS RELATING TO
THE UNSEALING OF RECORDS. SUCH RULES AND REGULATIONS SHALL REQUIRE THAT,
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE PROCESS OF UNSEALING
SUCH RECORDS SHALL TAKE NO LONGER THAN TWO HOURS FROM THE TIME THE DIVI-
SION RECEIVES A REPORT THAT A VULNERABLE ADULT,  FOR  WHOM  THERE  IS  A
PREVIOUS RECORD, IS MISSING.
  10.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO CRIMINAL JUSTICE
AGENCY SHALL ESTABLISH OR MAINTAIN ANY POLICY THAT REQUIRES  THE  OBSER-
VANCE OF A WAITING PERIOD BEFORE ACCEPTING AND INVESTIGATING A REPORT OF
A   MISSING  VULNERABLE  ADULT  AS  DEFINED  IN  SECTION  EIGHT  HUNDRED
THIRTY-SEVEN-F-ONE OF THIS ARTICLE. UPON RECEIPT OF  A  REPORT  OF  SUCH
MISSING  VULNERABLE  ADULT, CRIMINAL JUSTICE AGENCIES SHALL MAKE ENTRIES
OF SUCH REPORT IN THE MANNER PROVIDED  BY  SUBDIVISION  ELEVEN  OF  THIS
SECTION.
  11.  WHENEVER  A CRIMINAL JUSTICE AGENCY DETERMINES THAT A PERSON IS A
MISSING  VULNERABLE  ADULT,  AS  DEFINED  IN   SECTION   EIGHT   HUNDRED
THIRTY-SEVEN-F-ONE  OF  THIS  ARTICLE,  OR  THAT  AN UNIDENTIFIED LIVING
PERSON MAY BE A MISSING VULNERABLE ADULT, SUCH CRIMINAL  JUSTICE  AGENCY
SHALL  ENTER THE REPORT OF SUCH MISSING VULNERABLE ADULT IN ANY DATABASE
OF MISSING PERSONS MAINTAINED BY THE DIVISION AND  THE  FEDERAL  GOVERN-
MENT.
  S 3. The provisions of this act shall not be construed to limit in any
way the authority of a municipality to enact, implement, and continue to

S. 3293--B                          5

enforce local laws and regulations relating to an alert system to locate
missing  individuals  that were in effect prior to the effective date of
this act, or to enact, implement, and  enforce  any  amendments  thereto
after the effective date of this act.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  law.  Effective  immediately, the addition, amendment, and
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its effective date are authorized and directed to be made
and completed on or before such effective date.

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