senate Bill S3876

2013-2014 Legislative Session

Establishes an "Amber Alert" system for missing developmentally disabled persons

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Archive: Last Bill Status - STRICKEN


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to finance
returned to senate
died in assembly
Jun 17, 2013 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1382
committee discharged and committed to rules
Feb 26, 2013 referred to finance

Votes

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Co-Sponsors

S3876 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง837, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S5268

S3876 - Bill Texts

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Establishes an "Amber Alert" system for missing developmentally disabled persons.

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BILL NUMBER:S3876

TITLE OF BILL: An act to amend the executive law, in relation to
establishing a prompt response and notification program for missing
persons with developmental disabilities, Alzheimer's disease or other
dementia

PURPOSE: This legislation will have the Office for People with
Developmental Disabilities, Office of Mental Health and the Division
of State Police create, develop, and regularly update and distribute a
model missing persons with developmental disabilities, Alzheimer's
disease or other dementia prompt response and notification plan. This
plan will take a pro-active coordinated response that may be promptly
triggered by law enforcement personnel if a person with a
developmental disability, Alzheimer's disease or other dementia are
reported missing, similar to the "Amber Alert"

SUMMARY OF PROVISIONS:

Section One - amends Section 837 of the executive law by adding a new
subdivision 19 to direct the Office for People with Developmental
Disabilities, Office of Mental Health, Division of State Police and
other agencies to create a model missing persons program for persons
with developmental disabilities, Alzheimer's disease or other
dementia, This model program will be updated regularly and distributed
to local communities and law enforcement personnel.

Section One - also states the model missing persons program will
involve a pro-active and coordinated response that can be promptly
triggered by law enforcement personnel upon confirmation by a police
officer, peace officer or police agency of a missing person with
developmental disabilities, Alzheimer's disease or other dementia.

Section One - states at a minimum, these plans will include the name,
description and any other pertinent information of the missing person.
This information will be promptly dispatched over the police
communication system, via electronic, oral or facsimile, and provided
to one or more radio stations and other broadcast media outlets
serving the community.

It is not mandatory to dispatch or transmit a report if the
investigating police department advises that the release of such
information may jeopardize the investigation or the safety of the
person, or requests forbearance for any reason.

Section Two - states this act shall take effect on the first of
January next succeeding the date on which it shall have become law.

JUSTIFICATION: Families of people with Alzheimer's often live in fear
that there loved one will go missing. In many cases there is no way to
get the information about their loved one out to the general public
and our first responders quickly and effectively, allowing for their
loved ones to suffer tragic consequences.

Alert systems to recover vulnerable missing adults, and persons with
special needs have been developed in eleven states throughout the


country. These systems, administered at the state and local levels,
are intended to alert law enforcement entities and the public that
adults with cognitive impairment or other disabilities are missing and
may need assistance.

It is necessary to put a system in place, on behalf of individuals
with cognitive or mental impairments like Alzheimer's disease and
other forms of dementia, because these developmental disabilities put
people at elevated risk of going missing and they are often times
unable to make their way home or to a safe place.

This alert program much like the Amber Alert program will quickly
distribute information about missing persons to law enforcement,
radio, and television stations. It will allow for the alert of the
public and law enforcement agencies so that citizens can be on the
look out for missing adults.

LEGISLATIVE HISTORY: 02/14/12 Recommit, enacting clause stricken

FISCAL IMPLICATIONS: To be determined.

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

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

                                  3876

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 establishing a  prompt
  response  and  notification  program for missing persons with develop-
  mental disabilities, Alzheimer's disease or other dementia

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

  Section 1. Section 837 of the executive law is amended by adding a new
subdivision 20 to read as follows:
   20. (A) IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES,  OFFICE  OF  MENTAL  HEALTH,  DIVISION OF STATE POLICE AND
OTHER APPROPRIATE AGENCIES, DEVELOP, REGULARLY  UPDATE  AND  DISTRIBUTE,
MODEL  MISSING  PERSONS  WITH  DEVELOPMENTAL  DISABILITIES,  ALZHEIMER'S
DISEASE OR OTHER DEMENTIA 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  SUCH  A
MISSING PERSON.
  (B) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT:
  (I)  THE  NAME OF SUCH MISSING PERSON, A DESCRIPTION OF THE PERSON AND
OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER  THE  POLICE
COMMUNICATION SYSTEM;
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07285-02-3

S. 3876                             2

  (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 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 MENTALLY DISABLED PERSON
ALERT PROVIDING PERTINENT DETAILS CONCERNING THE PERSON'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
MENTALLY DISABLED PERSON SHALL BE REQUIRED BY SUCH PLAN IF THE  INVESTI-
GATING POLICE DEPARTMENT ADVISES, IN ITS DISCRETION, THAT THE RELEASE OF
SUCH  INFORMATION  MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE
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 MENTALLY DISABLED 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 MENTALLY DISABLED PERSONS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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