senate Bill S2168

2013-2014 Legislative Session

Enacts "Lori Ann's law" to establish procedures for law enforcement to locate and return missing persons

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 14, 2013 referred to finance

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S2168 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add Art 11-A ยงยง235 - 238, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S659
2009-2010: S1603

S2168 - Bill Texts

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Enacts "Lori Ann's law" to establish procedures for law enforcement to locate and return missing persons; requires law enforcement agencies to immediately accept any missing person report; requires collection of identifying data of such person.

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BILL NUMBER:S2168

TITLE OF BILL: An act to amend the executive law, in relation to
improving the ability of law enforcement to locate and return missing
persons, to improving the identification of human remains, and to
improving timely information and notification to family members of
missing persons

PURPOSE OF BILL: To establish statewide procedures for law
enforcement in the event of a missing person case, identification of
human remains and notification to family members.

SUMMARY OF SPECIFIC PROVISIONS: The executive law is amended to add a
new Article II-A establishing procedures for law enforcement officers,
coroners/medical examiners and other governmental personnel relating
to missing persons reports and identifying unidentified persons/human
remains.

Section 235 adds provisions that establish procedures for missing
persons report content and acceptance.

Section 236 adds provisions that direct law enforcement analysis and
reporting of missing person information including prompt determination
of high-risk missing person.

Sections 237-238 add provisions that establish procedures for
reporting of unidentified persons/human remains; and responsibilities
associated with identification of unidentified persons/human remains.

JUSTIFICATION: In the spring of 2005, a woman named Lori Ann Leonard
from Chittenango, NY, in the Town of Sullivan, went missing. According
to reports, she had recently met someone over the Internet and had
gone to meet that person. Several months later, her remains were found
not far from the home of the person she had met. This case, which
included several jurisdictions, highlighted the need for
standardization of procedures. The investigators from Chittenango
Police, New York State Police, Hudson Falls Police Department, and
Washington County Sheriff's Department worked together to bring
closure to this case, overcoming the obstacles Presented by the
fragmentation of procedures and lack of uniform policies. In response
to this tragic local missing person case, this legislation has been
drafted establishing statewide procedures for law enforcement in the
event of a missing person case.

This bill is meant to help standardize the procedures and to adopt
protocol that will help identify high-risk missing persons. It is not
the intention of this legislation to unduly burden local police
departments with erroneous reports, which is why specific provisions
deal with identification of "high-risk,' missing person cases. To
ensure local feasibility, several police departments were contacted
before the bill was introduced and asked to comment on the
legislation. This legislation is based on model legislation being
proposed by the United States Department of Justice and the Federal
Bureau of Investigation to help facilitate missing persons
investigations.


LEGISLATIVE HISTORY:

S.659 of 2011 5.1603 of 2009 S.2216 of 2007 S.8253 of 2006

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: January 1, 2014

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

                                  2168

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. 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 improving the  ability
  of  law enforcement to locate and return missing persons, to improving
  the identification of human remains, and to improving timely  informa-
  tion and notification to family members of missing persons

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

  Section 1. This act shall be known and may be  cited  as  "Lori  Ann's
law".
  S 2. The executive law is amended by adding a new article 11-A to read
as follows:
                              ARTICLE 11-A
                PROCEDURES FOR LAW ENFORCEMENT OFFICERS,
             CORONERS/MEDICAL EXAMINERS AND OTHER GOVERNMENT
              PERSONNEL RELATING TO MISSING PERSONS REPORTS
           AND IDENTIFYING UNIDENTIFIED PERSONS/HUMAN REMAINS
SECTION 235. MISSING PERSON REPORTS.
        236. LAW  ENFORCEMENT  ANALYSIS  AND REPORTING OF MISSING PERSON
               INFORMATION.
        237. REPORTING OF UNIDENTIFIED PERSONS/HUMAN REMAINS.
        238. UNIDENTIFIED PERSONS/HUMAN REMAINS IDENTIFICATION RESPONSI-
               BILITIES.
  S 235. MISSING PERSON REPORTS. 1. REPORT ACCEPTANCE. ALL LAW  ENFORCE-
MENT  AGENCIES WITHIN THE STATE SHALL ACCEPT WITHOUT DELAY ANY REPORT OF
A MISSING PERSON. ACCEPTANCE OF A  MISSING  PERSON  REPORT  MAY  NOT  BE
REFUSED  ON ANY GROUND. NO LAW ENFORCEMENT AGENCY MAY REFUSE TO ACCEPT A
MISSING PERSONS REPORT ON THE BASIS THAT:
  (A) THE MISSING PERSON IS AN ADULT;
  (B) THE CIRCUMSTANCES DO NOT INDICATE FOUL PLAY;
  (C) THE PERSON HAS BEEN MISSING FOR A SHORT PERIOD OF TIME;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04736-01-3

S. 2168                             2

  (D) THE PERSON HAS BEEN MISSING FOR A LONG PERIOD OF TIME;
  (E)  THERE  IS NO INDICATION THAT THE MISSING PERSON WAS IN THE JURIS-
DICTION SERVED BY THE LAW ENFORCEMENT AGENCY AT THE TIME OF  THE  DISAP-
PEARANCE;
  (F) THE CIRCUMSTANCES SUGGEST THAT THE DISAPPEARANCE MAY BE VOLUNTARY;
  (G)  THE  PERSON  REPORTING  DOES  NOT  HAVE PERSONAL KNOWLEDGE OF THE
FACTS;
  (H) THE REPORTING INDIVIDUAL CANNOT PROVIDE  ALL  OF  THE  INFORMATION
REQUESTED BY THE LAW ENFORCEMENT AGENCY;
  (I)  THE  REPORTING PERSON LACKS A FAMILIAL OR OTHER RELATIONSHIP WITH
THE MISSING PERSON;
  (J) OR FOR ANY OTHER REASON.
  2. MANNER OF REPORTING.   ALL LAW ENFORCEMENT  AGENCIES  SHALL  ACCEPT
MISSING  PERSON  REPORTS IN PERSON. LAW ENFORCEMENT AGENCIES ARE ENCOUR-
AGED TO ACCEPT REPORTS BY PHONE OR BY ELECTRONIC OR OTHER MEDIA  TO  THE
EXTENT  THAT  SUCH REPORTING IS CONSISTENT WITH LAW ENFORCEMENT POLICIES
OR PRACTICES.
  3. CONTENTS OF REPORT.  IN ACCEPTING A REPORT OF A MISSING PERSON, THE
LAW ENFORCEMENT AGENCY SHALL  ATTEMPT  TO  GATHER  RELEVANT  INFORMATION
RELATING  TO THE DISAPPEARANCE. THE LAW ENFORCEMENT AGENCY SHALL ATTEMPT
TO GATHER AT THE TIME OF THE REPORT INFORMATION THAT SHALL INCLUDE,  BUT
NOT BE LIMITED TO, THE FOLLOWING:
  (A) THE NAME OF THE MISSING PERSON (INCLUDING ALTERNATIVE NAMES USED);
  (B) THE DATE OF BIRTH;
  (C)  IDENTIFYING  MARKS  (SUCH  AS  BIRTHMARKS, MOLES, TATTOOS, SCARS,
ETC.);
  (D) HEIGHT AND WEIGHT;
  (E) GENDER;
  (F) RACE;
  (G) CURRENT HAIR COLOR AND TRUE OR NATURAL HAIR COLOR;
  (H) EYE COLOR;
  (I) PROSTHETICS, SURGICAL IMPLANTS, OR COSMETIC IMPLANTS;
  (J) PHYSICAL ANOMALIES;
  (K) BLOOD TYPE (IF KNOWN);
  (L) DRIVERS LICENSE NUMBER (IF KNOWN);
  (M) SOCIAL SECURITY NUMBER (IF KNOWN);
  (N) A PHOTOGRAPH OF THE MISSING PERSON (RECENT PHOTOGRAPHS ARE PREFER-
ABLE; THE AGENCY IS ENCOURAGED TO ATTEMPT TO ASCERTAIN  THE  APPROXIMATE
DATE THE PHOTOGRAPH WAS TAKEN);
  (O)  A  DESCRIPTION OF THE CLOTHING THE MISSING PERSON WAS BELIEVED TO
BE WEARING;
  (P) A DESCRIPTION OF ITEMS THAT  MIGHT  BE  WITH  THE  MISSING  PERSON
(JEWELRY, ACCESSORIES, SHOES OR BOOTS, ETC.);
  (Q)  INFORMATION ON MISSING PERSON'S ELECTRONIC COMMUNICATIONS DEVICES
SUCH AS BUT NOT LIMITED TO CELL PHONE NUMBERS, EMAIL ADDRESSES, ETC.;
  (R) THE REASONS WHY THE REPORTING PERSON BELIEVES THAT THE  PERSON  IS
MISSING;
  (S)  NAME  AND  LOCATION  OF  MISSING  PERSON'S SCHOOL OR EMPLOYER (IF
KNOWN);
  (T) NAME AND LOCATION OF MISSING PERSON'S DENTIST AND/OR PRIMARY  CARE
PHYSICIAN (IF KNOWN);
  (U) ANY CIRCUMSTANCES THAT MAY INDICATE THAT THE DISAPPEARANCE WAS NOT
VOLUNTARY;
  (V)  ANY CIRCUMSTANCES THAT INDICATE THAT THE MISSING PERSON MAY BE AT
RISK OF INJURY OR DEATH;

S. 2168                             3

  (W) A DESCRIPTION OF THE POSSIBLE MEANS OF TRANSPORTATION OF THE MISS-
ING PERSON (INCLUDING MAKE, MODEL, COLOR, LICENSE, AND VIN  OF  A  VEHI-
CLE);
  (X)  ANY  IDENTIFYING  INFORMATION  ABOUT A KNOWN OR POSSIBLE ABDUCTOR
AND/OR PERSON LAST SEEN WITH THE MISSING PERSON INCLUDING:
  (I) NAME;
  (II) A PHYSICAL DESCRIPTION;
  (III) DATE OF BIRTH;
  (IV) IDENTIFYING MARKS;
  (V) THE DESCRIPTION OF POSSIBLE  MEANS  OF  TRANSPORTATION  (INCLUDING
MAKE, MODEL, COLOR, LICENSE, AND VIN OF A VEHICLE);
  (VI) KNOWN ASSOCIATES;
  (Y) ANY OTHER INFORMATION THAT CAN AID IN LOCATING THE MISSING PERSON;
AND
  (Z) DATE OF LAST CONTACT.
  4.  NOTIFICATION AND FOLLOW UP ACTION.  (A) THE LAW ENFORCEMENT AGENCY
SHALL NOTIFY THE PERSON MAKING THE REPORT, A  FAMILY  MEMBER,  OR  OTHER
PERSON IN A POSITION TO ASSIST THE LAW ENFORCEMENT AGENCY IN ITS EFFORTS
TO LOCATE THE MISSING PERSON:
  (I)  OF  GENERAL  INFORMATION ABOUT THE HANDLING OF THE MISSING PERSON
CASE OR ABOUT INTENDED EFFORTS IN THE CASE TO THE EXTENT  THAT  THE  LAW
ENFORCEMENT AGENCY DETERMINES THAT DISCLOSURE WOULD NOT ADVERSELY AFFECT
ITS  ABILITY  TO  LOCATE  OR PROTECT THE MISSING PERSON, TO APPREHEND OR
PROSECUTE ANY PERSON CRIMINALLY INVOLVED IN THE DISAPPEARANCE;
  (II) THAT THE PERSON MAKING  THE  REPORT  OR  OTHER  NECESSARY  PERSON
SHOULD PROMPTLY CONTACT THE LAW ENFORCEMENT AGENCY IF THE MISSING PERSON
REMAINS  MISSING  TO  PROVIDE  ADDITIONAL INFORMATION AND MATERIALS THAT
WILL AID IN LOCATING THE MISSING  PERSON.  THE  LAW  ENFORCEMENT  AGENCY
SHOULD  ALSO  NOTIFY THE PERSON OF THE SPECIFIC INFORMATION OR MATERIALS
NEEDED SUCH AS CREDIT/DEBIT CARDS THE MISSING PERSON HAS ACCESS TO  (AND
OTHER BANKING INFORMATION) AND RECORDS OF CELL PHONE USE;
  (III)  THAT  ANY  DNA SAMPLES PROVIDED FOR THE MISSING PERSON CASE ARE
PROVIDED ON A VOLUNTARY BASIS AND WILL BE USED SOLELY TO HELP LOCATE  OR
IDENTIFY THE MISSING PERSON AND WILL NOT BE USED FOR ANY OTHER PURPOSE;
  (IV) THE LAW ENFORCEMENT AGENCY IS ENCOURAGED TO MAKE AVAILABLE INFOR-
MATIONAL  MATERIALS  (THROUGH PUBLICATIONS OR ELECTRONIC OR OTHER MEDIA)
THAT ADVISE THE PUBLIC ABOUT HOW THE INFORMATION OR MATERIALS IDENTIFIED
IN THIS SUBDIVISION ARE USED TO HELP LOCATE OR IDENTIFY MISSING PERSONS.
  (B) IF THE PERSON IDENTIFIED IN  THE  MISSING  PERSON  REPORT  REMAINS
MISSING  AFTER THIRTY DAYS, AND THE ADDITIONAL INFORMATION AND MATERIALS
SPECIFIED BELOW HAVE NOT BEEN RECEIVED, THE LAW ENFORCEMENT AGENCY SHALL
ATTEMPT TO OBTAIN:
  (I) DNA SAMPLES FROM FAMILY MEMBERS AND/OR  FROM  THE  MISSING  PERSON
ALONG  WITH  ANY  NEEDED  DOCUMENTATION,  INCLUDING  ANY  CONSENT FORMS,
REQUIRED FOR THE USE OF STATE OR FEDERAL DNA DATABASES INCLUDING BUT NOT
LIMITED TO THE LOCAL DNA DATABASE (LDIS), STATE DNA DATABASE (SDIS), AND
NATIONAL DNA DATABASE (NDIS);
  (II) AN AUTHORIZATION TO RELEASE DENTAL  OR  SKELETAL  X-RAYS  OF  THE
MISSING PERSON;
  (III)  ANY  ADDITIONAL  PHOTOGRAPHS OF THE MISSING PERSON THAT MAY AID
THE INVESTIGATION OR AN IDENTIFICATION. THE LAW ENFORCEMENT AGENCY SHALL
NOT BE REQUIRED TO  OBTAIN  WRITTEN  AUTHORIZATION  BEFORE  IT  RELEASES
PUBLICLY ANY PHOTOGRAPH THAT WOULD AID IN THE INVESTIGATION OR IDENTIFI-
CATION OF THE MISSING PERSON;
  (IV) DENTAL INFORMATION AND X-RAYS; AND
  (V) FINGERPRINTS.

S. 2168                             4

  (C)  ALL  DNA  SAMPLES OBTAINED IN MISSING PERSON CASES SHALL BE IMME-
DIATELY FORWARDED TO THE STATE POLICE FOR  ANALYSIS.  THE  STATE  POLICE
SHOULD  ESTABLISH  PROCEDURES FOR DETERMINING HOW TO PRIORITIZE ANALYSIS
OF THE SAMPLES RELATING TO MISSING PERSONS CASES;
  (D)  INFORMATION  RELEVANT  TO  THE  FEDERAL BUREAU OF INVESTIGATION'S
VIOLENT CRIMINAL APPREHENSION PROGRAM SHALL BE ENTERED AS SOON AS POSSI-
BLE.
  S 236. LAW ENFORCEMENT ANALYSIS AND REPORTING OF MISSING PERSON INFOR-
MATION.   1. PROMPT  DETERMINATION  OF  HIGH-RISK  MISSING  PERSON.    A
HIGH-RISK  MISSING  PERSON  IS  AN  INDIVIDUAL  WHOSE WHEREABOUTS IS NOT
CURRENTLY KNOWN AND THE CIRCUMSTANCES INDICATE THAT THE  INDIVIDUAL  MAY
BE  AT  RISK OF INJURY OR DEATH. THE CIRCUMSTANCES THAT INDICATE THAT AN
INDIVIDUAL IS A "HIGH-RISK MISSING PERSON" INCLUDE ANY OF THE FOLLOWING,
BUT ARE NOT LIMITED TO:
  (A) THE PERSON IS MISSING AS A RESULT OF A STRANGER ABDUCTION;
  (B) THE PERSON IS MISSING UNDER SUSPICIOUS CIRCUMSTANCES;
  (C) THE PERSON IS MISSING UNDER UNKNOWN CIRCUMSTANCES;
  (D) THE PERSON IS MISSING UNDER KNOWN DANGEROUS CIRCUMSTANCES;
  (E) THE PERSON IS MISSING MORE THAN THIRTY DAYS;
  (F) THE PERSON HAS ALREADY BEEN DESIGNATED  AS  A  "HIGH-RISK  MISSING
PERSON" BY ANOTHER LAW ENFORCEMENT AGENCY;
  (G) THERE IS EVIDENCE THAT THE PERSON IS AT RISK BECAUSE:
  (I)   THE   PERSON  MISSING  IS  IN  NEED  OF  MEDICAL  ATTENTION,  OR
PRESCRIPTION MEDICATION;
  (II) THE PERSON MISSING DOES NOT HAVE A PATTERN  OF  RUNNING  AWAY  OR
DISAPPEARING;
  (III)  THE  PERSON  MISSING  MAY HAVE BEEN ABDUCTED BY A NON-CUSTODIAL
PARENT;
  (IV) THE PERSON MISSING IS MENTALLY IMPAIRED;
  (V) THE PERSON MISSING IS A PERSON UNDER THE AGE OF TWENTY-ONE;
  (VI) THE PERSON MISSING HAS BEEN THE SUBJECT OF PAST THREATS  OR  ACTS
OF VIOLENCE.
  (H)  ANY OTHER FACTOR THAT MAY, IN THE JUDGMENT OF THE LAW ENFORCEMENT
OFFICIAL, DETERMINE THAT THE MISSING PERSON MAY BE AT RISK.
  2. LAW ENFORCEMENT RISK ASSESSMENT. (A)  UPON  INITIAL  RECEIPT  OF  A
MISSING  PERSON  REPORT,  THE  LAW  ENFORCEMENT AGENCY SHALL IMMEDIATELY
DETERMINE WHETHER THERE IS A BASIS TO DETERMINE THAT THE PERSON  MISSING
IS A HIGH-RISK MISSING PERSON;
  (B) IF A LAW ENFORCEMENT AGENCY HAS PREVIOUSLY DETERMINED THAT A MISS-
ING  PERSON  IS NOT A HIGH-RISK MISSING PERSON, BUT OBTAINS NEW INFORMA-
TION, IT SHALL IMMEDIATELY DETERMINE WHETHER THE INFORMATION PROVIDED TO
THE LAW ENFORCEMENT AGENCY INDICATES THAT THE PERSON MISSING IS A  HIGH-
RISK MISSING PERSON;
  (C)  RISK  ASSESSMENTS IDENTIFIED IN THIS PARAGRAPH SHALL BE PERFORMED
NO LATER THAN TWO HOURS AFTER THE INITIAL MISSING PERSON REPORT  OR  THE
NEW INFORMATION WAS PROVIDED TO THE LAW ENFORCEMENT AGENCY; AND
  (D)  LAW  ENFORCEMENT  AGENCIES  ARE  ENCOURAGED  TO ESTABLISH WRITTEN
PROTOCOLS FOR THE HANDLING OF MISSING PERSON  CASES  TO  ACCOMPLISH  THE
PURPOSE OF THIS ARTICLE.
  3. LAW ENFORCEMENT AGENCY REPORTS. (A) WHEN THE LAW ENFORCEMENT AGENCY
DETERMINES  THAT  THE  MISSING  PERSON  IS A HIGH-RISK MISSING PERSON IT
SHALL NOTIFY THE STATE POLICE. IT SHALL IMMEDIATELY PROVIDE TO THE STATE
POLICE THE INFORMATION MOST LIKELY TO  AID  IN  THE  LOCATION  AND  SAFE
RETURN  OF  THE  HIGH-RISK  MISSING  PERSON. IT SHALL PROVIDE AS SOON AS
PRACTICABLE ALL OTHER  INFORMATION  OBTAINED  RELATING  TO  THE  MISSING
PERSON CASE;

S. 2168                             5

  (B)  THE  STATE POLICE SHALL PROMPTLY NOTIFY ALL LAW ENFORCEMENT AGEN-
CIES WITHIN THE STATE AND SURROUNDING REGION  OF  THE  INFORMATION  THAT
WILL AID IN THE PROMPT LOCATION AND SAFE RETURN OF THE HIGH-RISK MISSING
PERSON;
  (C)  THE  LOCAL LAW ENFORCEMENT AGENCIES WHO RECEIVED THE NOTIFICATION
FROM THE STATE POLICE SHALL NOTIFY OFFICERS TO "BE ON THE LOOK OUT"  FOR
THE MISSING PERSON OR A SUSPECTED ABDUCTOR;
  (D)  THE  RESPONDING  LOCAL  LAW  ENFORCEMENT AGENCY SHALL IMMEDIATELY
ENTER ALL COLLECTED INFORMATION RELATING TO THE MISSING PERSON  CASE  IN
AVAILABLE  STATE  AND  FEDERAL  DATABASES.  IF  THE RESPONDING LOCAL LAW
ENFORCEMENT AGENCY DOES NOT HAVE  THE  CAPABILITY  TO  ENTER  THIS  DATA
DIRECTLY  IN  THE  STATE  AND  FEDERAL DATABASES, THE STATE POLICE SHALL
IMMEDIATELY ENTER ALL COLLECTED  INFORMATION  RELATING  TO  THE  MISSING
PERSON  CASE  IN  AVAILABLE STATE AND FEDERAL DATABASES. THE INFORMATION
SHALL BE PROVIDED IN ACCORDANCE WITH APPLICABLE GUIDELINES  RELATING  TO
THE DATABASES. THE INFORMATION SHALL BE ENTERED AS FOLLOWS:
  (I)  A  MISSING  PERSON  REPORT IN HIGH-RISK MISSING PERSON CASES (AND
RELEVANT INFORMATION PROVIDED IN THE REPORT) SHALL  BE  ENTERED  IN  THE
NATIONAL  CRIME INFORMATION CENTER DATABASE IMMEDIATELY, BY NO MORE THAN
TWO HOURS OF THE DETERMINATION THAT THE MISSING PERSON  IS  A  HIGH-RISK
MISSING  PERSON. ALL OTHER MISSING PERSON REPORTS (AND RELEVANT INFORMA-
TION PROVIDED IN THE REPORT) SHALL BE ENTERED WITHIN ONE DAY  AFTER  THE
MISSING PERSON REPORT IS RECEIVED. SUPPLEMENTAL INFORMATION IN HIGH-RISK
MISSING PERSON CASES SHOULD BE ENTERED AS SOON AS PRACTICABLE;
  (II)  ALL DNA PROFILES SHALL BE UPLOADED INTO THE MISSING PERSON DATA-
BASES OF THE STATE DNA INDEX SYSTEM (SDIS) AND NATIONAL DNA INDEX SYSTEM
(NDIS) AFTER  COMPLETION  OF  THE  DNA  ANALYSIS  AND  OTHER  PROCEDURES
REQUIRED FOR DATABASE ENTRY;
  (III)  INFORMATION  RELEVANT  TO THE FEDERAL BUREAU OF INVESTIGATION'S
VIOLENT CRIMINAL APPREHENSION PROGRAM SHALL BE ENTERED AS SOON AS POSSI-
BLE.
  (E) THE STATE POLICE SHALL ENSURE THAT PERSONS ENTERING DATA  RELATING
TO  MEDICAL  OR DENTAL RECORDS IN STATE OR FEDERAL DATABASES ARE SPECIF-
ICALLY TRAINED TO UNDERSTAND AND CORRECTLY ENTER THE INFORMATION  SOUGHT
BY  THESE  DATABASES. THE STATE POLICE ARE STRONGLY ENCOURAGED TO EITHER
USE PERSONS WITH SPECIFIC EXPERTISE IN MEDICAL  OR  DENTAL  RECORDS  FOR
THIS  PURPOSE OR CONSULT WITH EXPERT MEDICAL EXAMINERS, FORENSIC ANTHRO-
POLOGISTS, OR ODONTOLOGISTS TO ENSURE THE ACCURACY AND  COMPLETENESS  OF
INFORMATION ENTERED INTO THE STATE AND FEDERAL DATABASES;
  (F)  PURSUANT  TO ANY APPLICABLE STATE CRITERIA, LOCAL LAW ENFORCEMENT
AGENCIES SHOULD ALSO PROVIDE FOR THE PROMPT USE OF  AN  AMBER  ALERT  OR
PUBLIC DISSEMINATION OF PHOTOGRAPHS IN APPROPRIATE HIGH-RISK CASES.
  S 237. REPORTING OF UNIDENTIFIED PERSONS/HUMAN REMAINS. 1. HANDLING OF
DEATH  SCENE INVESTIGATIONS. (A) THE STATE POLICE SHALL PROVIDE INFORMA-
TION TO LOCAL LAW ENFORCEMENT AGENCIES ABOUT BEST PRACTICES FOR HANDLING
DEATH SCENE INVESTIGATIONS;
  (B) THE STATE POLICE  SHALL  IDENTIFY  ANY  PUBLICATIONS  OR  TRAINING
OPPORTUNITIES THAT MAY BE AVAILABLE TO LOCAL LAW ENFORCEMENT AGENCIES OR
LAW ENFORCEMENT OFFICERS CONCERNING THE HANDLING OF DEATH SCENE INVESTI-
GATIONS.
  2.  LAW  ENFORCEMENT  REPORTS.  (A)  AFTER  PERFORMING ANY DEATH SCENE
INVESTIGATION DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES,  THE  OFFICIAL
WITH  CUSTODY  OF  THE HUMAN REMAINS SHALL ENSURE THAT THE HUMAN REMAINS
ARE DELIVERED TO THE APPROPRIATE CORONER OR MEDICAL EXAMINER;

S. 2168                             6

  (B) ANY PERSON WITH CUSTODY OF HUMAN REMAINS THAT ARE  NOT  IDENTIFIED
WITHIN  TWENTY-FOUR  HOURS  OF DISCOVERY SHALL PROMPTLY NOTIFY THE STATE
POLICE OF THE LOCATION OF THOSE REMAINS;
  (C)  IF THE PERSON WITH CUSTODY OF REMAINS CANNOT DETERMINE WHETHER OR
NOT THE REMAINS FOUND ARE HUMAN, THEY SHALL NOTIFY THE STATE  POLICE  OF
THE EXISTENCE OF POSSIBLE HUMAN REMAINS.
  S  238. UNIDENTIFIED PERSONS/HUMAN REMAINS IDENTIFICATION RESPONSIBIL-
ITIES. 1. IF THE OFFICIAL WITH CUSTODY OF THE HUMAN  REMAINS  IS  NOT  A
MEDICAL  EXAMINER, THE OFFICIAL SHALL PROMPTLY TRANSFER THE UNIDENTIFIED
REMAINS TO THE APPROPRIATE MEDICAL EXAMINER QUALIFIED TO  EXAMINE  HUMAN
REMAINS  FOR THE PURPOSE OF IDENTIFICATION WITH RESPONSIBILITY FOR SEEK-
ING TO DETERMINE THE IDENTITY OF THE HUMAN REMAINS.
  2. NOTWITHSTANDING ANY OTHER ACTION DEEMED APPROPRIATE FOR THE  HANDL-
ING  OF  THE  HUMAN  REMAINS, THE MEDICAL EXAMINER SHALL MAKE REASONABLE
ATTEMPTS TO PROMPTLY IDENTIFY HUMAN REMAINS. THESE ACTIONS MAY  INCLUDE,
BUT NOT BE LIMITED TO, OBTAINING:
  (A) PHOTOGRAPHS OF THE HUMAN REMAINS (PRIOR TO AN AUTOPSY);
  (B) DENTAL OR SKELETAL X-RAYS;
  (C) PHOTOGRAPHS OF ITEMS FOUND WITH THE HUMAN REMAINS;
  (D) FINGERPRINTS FROM THE REMAINS (IF POSSIBLE);
  (E) SAMPLES OF TISSUE SUITABLE FOR DNA TYPING (IF POSSIBLE);
  (F) SAMPLES OF WHOLE BONE AND/OR HAIR SUITABLE FOR DNA TYPING;
  (G) ANY OTHER INFORMATION THAT MAY SUPPORT IDENTIFICATION EFFORTS.
  3. NO MEDICAL EXAMINER OR ANY OTHER PERSON SHALL DISPOSE OF, OR ENGAGE
IN  ACTIONS  THAT  WILL MATERIALLY AFFECT THE UNIDENTIFIED HUMAN REMAINS
BEFORE THE MEDICAL EXAMINER OBTAINS:
  (A) SAMPLES SUITABLE FOR DNA IDENTIFICATION, ARCHIVING;
  (B) PHOTOGRAPHS OF THE UNIDENTIFIED PERSON/HUMAN REMAINS; AND
  (C)  ALL  OTHER  APPROPRIATE  STEPS  FOR  IDENTIFICATION   HAVE   BEEN
EXHAUSTED.
  4. CREMATION OF UNIDENTIFIED HUMAN REMAINS IS PROHIBITED.
  5.  THE  MEDICAL  EXAMINER,  CORONER,  OR  THE STATE POLICE SHALL MAKE
REASONABLE EFFORTS TO OBTAIN PROMPT DNA ANALYSIS OF BIOLOGICAL  SAMPLES,
IF  THE  HUMAN  REMAINS  HAVE  NOT BEEN IDENTIFIED BY OTHER MEANS WITHIN
THIRTY DAYS.
  6. A MEDICAL EXAMINER OR CORONER, DESIGNATED BY THE STATE POLICE SHALL
SEEK SUPPORT FROM APPROPRIATE  STATE  AND  FEDERAL  AGENCIES  FOR  HUMAN
REMAINS  IDENTIFICATION EFFORTS. SUCH SUPPORT MAY INCLUDE, BUT SHALL NOT
BE LIMITED TO, AVAILABLE MITOCHONDRIAL OR NUCLEAR DNA  TESTING,  FEDERAL
GRANTS  FOR  DNA  TESTING,  OR  FEDERAL  GRANTS  FOR CRIME LABORATORY OR
MEDICAL EXAMINER OFFICE IMPROVEMENT.
  7. A MEDICAL EXAMINER DESIGNATED BY THE STATE  POLICE  SHALL  PROMPTLY
ENTER  INFORMATION  IN  FEDERAL  AND STATE DATABASES THAT CAN AID IN THE
IDENTIFICATION OF MISSING PERSONS. INFORMATION  SHALL  BE  ENTERED  INTO
FEDERAL DATABASES AS FOLLOWS:
  (A) INFORMATION FOR THE NATIONAL CRIME INFORMATION CENTER WITHIN TWEN-
TY-FOUR HOURS;
  (B)  DNA  PROFILES  AND INFORMATION SHALL BE ENTERED INTO THE NATIONAL
DNA INDEX SYSTEM (NDIS) WITHIN FIVE BUSINESS DAYS AFTER  THE  COMPLETION
OF  THE  DNA  ANALYSIS AND PROCEDURES NECESSARY FOR THE ENTRY OF THE DNA
PROFILE; AND
  (C) INFORMATION SOUGHT BY THE VIOLENT  CRIMINAL  APPREHENSION  PROGRAM
DATABASE AS SOON AS PRACTICABLE.
  8. IF MEDICAL EXAMINER OFFICE PERSONNEL DO NOT INPUT THE DATA DIRECTLY
INTO  THE  FEDERAL  DATABASES,  THE  STATE POLICE SHALL CONSULT WITH THE
MEDICAL EXAMINERS OFFICE TO ENSURE  APPROPRIATE  TRAINING  OF  THE  DATA

S. 2168                             7

ENTRY  PERSONNEL  AND  THE ESTABLISHMENT OF A QUALITY ASSURANCE PROTOCOL
FOR ENSURING THE ONGOING QUALITY OF DATA  ENTERED  IN  THE  FEDERAL  AND
STATE DATABASES.
  9.  NOTHING  IN  THIS  ARTICLE  SHALL  BE  INTERPRETED TO PRECLUDE ANY
MEDICAL EXAMINER OFFICE, THE STATE POLICE, OR A  LOCAL  LAW  ENFORCEMENT
AGENCY  FROM  PURSUING  OTHER  EFFORTS  TO  IDENTIFY  UNIDENTIFIED HUMAN
REMAINS INCLUDING EFFORTS  TO  PUBLICIZE  INFORMATION,  DESCRIPTIONS  OR
PHOTOGRAPHS  THAT  MAY  AID  IN  THE  IDENTIFICATION OF THE UNIDENTIFIED
REMAINS, ALLOW FAMILY MEMBERS TO IDENTIFY MISSING PERSONS, AND  SEEK  TO
PROTECT THE DIGNITY OF THE MISSING PERSON.
  S 3. This act shall take effect January 1, 2014.

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