S T A T E O F N E W Y O R K
________________________________________________________________________
8961
I N A S S E M B L Y
March 4, 2014
___________
Introduced by M. of A. SCARBOROUGH -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to reporting duties with
respect to missing children and adults
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"Lamont Dottin's law".
S 2. The executive law is amended by adding a new section 838-a to
read as follows:
S 838-A. PLANS FOR PROMPT AND UNIFORM STANDARDS FOR SEARCHING FOR
MISSING PERSONS. 1. IN CONSULTATION WITH THE DIVISION OF STATE POLICE
AND OTHER APPROPRIATE AGENCIES, THE DIVISION SHALL, ON OR BEFORE JANUARY
FIRST, TWO THOUSAND FIFTEEN, ADOPT AND IMPLEMENT AND THEREAFTER REGULAR-
LY UPDATE A UNIFORM PLAN FOR SEARCHING FOR MISSING PERSONS. SUCH PLAN
SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE, PLANNED IN ADVANCE,
THAT IS TRIGGERED IMMEDIATELY UPON CONFIRMATION BY A POLICE OFFICER,
PEACE OFFICER OR POLICE AGENCY OF A REPORT OF A MISSING PERSON.
2. SUCH PLANS SHALL, AT THE MINIMUM, REQUIRE THAT:
(A) THE NAME OF THE MISSING PERSON, A DESCRIPTION OF THE PERSON AND
OTHER PERTINENT INFORMATION BE IMMEDIATELY DISPATCHED OVER THE POLICE
COMMUNICATION SYSTEM TO LOCAL, STATE AND NATIONAL AGENCIES; AND
(B) THERE SHALL BE NO PRESUMPTION THAT PERSONS BETWEEN THE AGES OF
NINETEEN AND SIXTY-FOUR ARE NOT MISSING.
3. POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNICATION
SYSTEM IN USE IN SUCH JURISDICTION SHALL TRANSMIT SUCH INFORMATION TO
THE NEAREST OR MOST CONVENIENT TELETYPEWRITER POINT, FROM WHICH POINT IT
SHALL BE IMMEDIATELY DISPATCHED, IN CONFORMITY WITH THE ORDERS, RULES OR
REGULATIONS GOVERNING THE SYSTEM.
4. NO DISPATCH OR TRANSMISSION OF A REPORT CONCERNING MISSING PERSONS
SHALL BE REQUIRED BY SUCH PLAN IF THE INVESTIGATING POLICE DEPARTMENT
DETERMINES THAT THE RELEASE OF SUCH INFORMATION WOULD JEOPARDIZE THE
INVESTIGATION OR THE SAFETY OF THE PERSON, OR OTHERWISE REQUESTS
FORBEARANCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11680-01-3
A. 8961 2
S 3. 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] PERSONS clearinghouse. There
is hereby established within the division a missing and exploited [chil-
dren] PERSONS clearinghouse to provide a comprehensive and coordinated
approach to the tragic problems of missing and exploited children AND OF
MISSING ADULTS. In addition to the activities of the statewide central
register for missing [children] 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 ALL missing
and exploited [children] PEOPLE;
2. Exchange information and resources with other states, and within
New York state, concerning missing and exploited children AND MISSING
ADULTS;
3. Establish a case data base which will include nonidentifying infor-
mation on reported MISSING children AND 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 and
exploited [children] PERSONS, developing prevention programs and
increasing understanding of the nature and extent of the problem; and
share the data and analysis on a regular basis with the National Center
for Missing and Exploited Children;
4. Disseminate a directory of resources to assist in the locating of
missing children AND ADULTS;
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 ADULTS who
are located out-of-state;
7. By January first, nineteen hundred eighty-seven arrange for the
development of a curriculum for the training of law enforcement person-
nel investigating cases involving missing and exploited children AND BY
JANUARY FIRST, TWO THOUSAND FIFTEEN ARRANGE FOR THE DEVELOPMENT OF A
CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL INVESTIGATING
CASES INVOLVING MISSING ADULTS;
8. Assist federal, state and local agencies in the investigation of
cases involving missing and exploited children AND INVOLVING MISSING
ADULTS;
9. Utilize available resources to duplicate photographs and posters of
children AND ADULTS 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 prescribe
general guidelines to enable the state legislature and state agencies to
assist in the location and recovery of missing children AND BY NOVEMBER
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FIRST, TWO THOUSAND FIFTEEN TO ASSIST IN THE LOCATION AND RECOVERY OF
MISSING ADULTS. The guidelines shall provide information relating to:
(i) the form and manner in which materials and information pertaining
to missing children AND MISSING ADULTS including but not limited to
biographical 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 arrange for the
transmission of biographical information and pictures, sketches or other
likenesses of missing children AND BY JANUARY FIRST, TWO THOUSAND
FIFTEEN OF MISSING ADULTS to state agencies, departments and the legis-
lature 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 MISSING ADULTS;
11-A. ALONG WITH THE STATE LEGISLATURE AND STATE AGENCIES, SHALL
COMMUNICATE WITH THE FAMILIES OF MISSING PERSONS, ON A CONSISTENT BASIS,
TO UPDATE THEM ON THE SEARCH FOR THE MISSING 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 OF MISSING ADULTS
pursuant to section eight hundred thirty-seven-m of this article and a
summary of the division's efforts with respect to the use of monies from
the missing and exploited children clearinghouse fund created pursuant
to section ninety-two-w of the state finance law; and
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 MISSING ADULTS.
14. (a) In consultation with the division of state police and other
appropriate agencies, develop, and regularly update and distribute,
model missing [child] 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 ANY PERSON.
(b) Such plans shall, at a minimum, provide that:
(i) the name of such missing [child] PERSON, a description of the
[child] 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,
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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] PERSON alert providing pertinent details
concerning the [child's] PERSON'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] PERSON alert
providing pertinent details concerning the [child's] PERSON'S disappear-
ance;
(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] 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] 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] 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
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 MISSING ADULTS. Such information shall
include, but not be limited to, technology using computer assisted imag-
ing to "age enhance" photographs of missing children AND MISSING ADULTS,
and technology that may be used to enter such photographs and other
pertinent information concerning missing children AND MISSING ADULTS
into a database accessible to appropriate officials and persons.
S 4. 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] PERSONS. The chief of every police
department, each county sheriff and the superintendent of state police,
AS WELL AS EACH MORGUE IN THE STATE AND ALL PAUPER CEMETERIES, WHICH
SHALL ALSO BE REQUIRED TO ESTABLISH AND MAINTAIN COMPUTERIZED DATA ON
ALL IDENTIFIED AND NON-IDENTIFIED BODIES, shall report, at least semi-
annually, to the division with respect to specified cases of missing
[children] PERSONS that are closed AS WELL AS INFORMATION ON ALL UNIDEN-
TIFIED BODIES. 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] PERSONS who were arrested, [children] PERSONS who were the
victims of criminal activity or exploitation and [children] PERSONS who
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were found deceased and information regarding the alleged abductor or
killer of such [children] PERSONS.
POLICE DEPARTMENTS SHALL ESTABLISH A TRAINED MISSING PERSON SPECIALIST
WHO WOULD: (I) IMMEDIATELY MEET WITH THE FAMILY OF ANY PERSON REPORTED
MISSING;
(II) PROVIDE TRAINING FOR ALL OFFICERS WHO RECEIVE FEDERAL SPECIALIZED
MISSING PERSONS TRAINING (REMAC); AND
(III) WORK IN CLOSE CONJUNCTION WITH THE DEPARTMENT'S MISSING PERSON
UNIT.
S 5. This act shall take effect immediately, except that section two
of this act shall take effect January 1, 2015, and provided further that
the division of criminal justice services is immediately authorized and
directed to take any and all actions necessary to assure the implementa-
tion of the provisions of this act by such effective dates.