NY State Senate Bill S6437A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 09, 2016	signed chap.316
Aug 30, 2016	delivered to governor
Jun 14, 2016	returned to senate passed assembly ordered to third reading rules cal.242 substituted for a9957 referred to codes delivered to assembly passed senate
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal.
Jun 02, 2016	1st report cal.1395
Mar 15, 2016	print number 6437a
Mar 15, 2016	amend and recommit to finance
Jan 13, 2016	referred to finance

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S6437 - Details

See Assembly Version of this Bill:: A9957
Law Section:: Executive Law
Laws Affected:: Add §837-f-2, Exec L
Versions Introduced in 2013-2014 Legislative Session:: S7864

S6437 - Summary

Requires police agencies to take reports of missing adults whenever the adult is reported to be missing.

S6437 - Sponsor Memo

 BILL NUMBER:  S6437

 TITLE OF BILL :  An act to amend the executive law, in relation to
requiring police agencies to take reports of missing adults whenever
the adult is reported to be missing

 PURPOSE :

To amend the executive law in relation to requiring police agencies to
take reports of missing adults whenever the adult is reported to be
missing.

 SUMMARY OF PROVISIONS :

Section 1 sets forth that this act shall be known and may be cited as
"Lamont Dottin's law".

Section 2 establishes in the event a police agency receives a report
of a missing person, and such person does not qualify as a missing
child or an a vulnerable adult, the police agency shall collect the
information required to file an electronic report to the National
Crime Information Center Register. Within 24 hours of taking the
report, if the police agency has not been notified that the person has
been located, the police agency shall submit the report to the
National Crime Information Center Register.

 EXISTING LAW :

Police agencies are not currently required to take and submit reports
of missing adults.

 JUSTIFICATION :

Anita Fowler's son, LaMont Dottin, was a freshman at Queens College
(CUNY) when he disappeared on October 18, 1995 after leaving his
grandmother's house to mail a package to his mother, who was in
California. Dr. Fowler returned immediately to New York and began
searching for her son. She tried to report him as missing, but due to
police regulations she was unable to file a report until November 13,
1995. Dr. Fowler searched for five years, when she found that her
son's body was found six days after she reported him as missing and
lay unidentified in a grave at Potter's Field since February 1996.

This legislation seeks to prevent future confusion and heartache by
requiring law enforcement to take a report whenever a person is
reported missing and send such report to the National Crime
Information Center Register.

This will create a permanent record of all reports of missing persons.
This will assist law enforcement in searching for such person if it is
determined subsequent that such person is indeed missing. Further, in
the event the missing person is located in either a hospital or a
morgue, this registry will assist in identifying the person and will
reunite the missing person with his or her family or, if the person is
deceased, it will help the family some semblance of closure.

 LEGISLATIVE HISTORY :

2015-16: Vetoed by Governor
2015-16: A7468 Passed Assembly
2015-16: S3790 (Sen. Sanders) Passed Senate
2013-14: A10149 Referred to Governmental Operations
2013-14: S7864 (Sen. Sanders) Passed Senate

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

S6437 - Bill Text download pdf

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

                                  6437

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sen. SANDERS -- 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 requiring police agen-
  cies to take reports of missing adults whenever the adult is  reported
  to be missing

  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  "Lamont
Dottin's law".
  S  2.  The executive law is amended by adding a new section 837-f-2 to
read as follows:
  S 837-F-2. MISSING ADULTS. IN THE EVENT THAT A POLICE AGENCY  RECEIVES
A  REPORT  THAT  A PERSON IS MISSING FROM HIS OR HER NORMAL AND ORDINARY
PLACE OF RESIDENCE AND WHOSE  WHEREABOUTS  CANNOT  BE  DETERMINED  BY  A
PERSON  WHOSE  RELATIONSHIP WITH SUCH PERSON WOULD PLACE THEM IN A POSI-
TION TO HAVE KNOWLEDGE OF THEIR WHEREABOUTS,  AND  SUCH  MISSING  PERSON
DOES  NOT  QUALIFY  AS  EITHER A MISSING CHILD PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW OR A VULNERABLE ADULT PURSU-
ANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-F-1 OF THE EXECUTIVE LAW,  THE
POLICE  AGENCY SHALL COLLECT INFORMATION NECESSARY TO FILE AN ELECTRONIC
REPORT WITH THE NATIONAL CRIME INFORMATION CENTER REGISTER. WITHIN TWEN-
TY-FOUR HOURS OF COLLECTING THE INFORMATION, IF THE  POLICE  AGENCY  HAS
NOT  BEEN  NOTIFIED THAT THE MISSING PERSON HAS BEEN LOCATED, THE POLICE
AGENCY SHALL SUBMIT AN ELECTRONIC REPORT REGARDING  THE  MISSING  PERSON
WITH THE NATIONAL CRIME INFORMATION CENTER REGISTER.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07820-01-5

Co-Sponsors

S6437A (ACTIVE) - Details

See Assembly Version of this Bill:: A9957
Law Section:: Executive Law
Laws Affected:: Add §837-f-2, Exec L
Versions Introduced in 2013-2014 Legislative Session:: S7864

S6437A (ACTIVE) - Summary

Requires police agencies to take reports of missing adults whenever the adult is reported to be missing.

S6437A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6437A

 TITLE OF BILL :

An act to amend the executive law, in relation to requiring police
agencies to take reports of missing adults whenever the adult is
reported to be missing

 PURPOSE :

To amend the executive law in relation to requiring police agencies to
take reports of missing adults whenever the adult is reported to be
missing.

 SUMMARY OF PROVISIONS :

Section 1 sets forth that this act shall be known and may be cited as
"Lamont Dottin's law".

Section 2 provides if a police agency receives a report that an adult
person is missing from his or her ordinary place of residence who
cannot be located by a person whose relationship with such adult
person would place them in a position to have knowledge of the missing
person's whereabouts, and that such missing person: has a proven
disability, may be in physical danger, is missing after a catastrophe,
may have disappeared involuntarily, or is missing under circumstances

where there is a reasonable concern for his or her safety (and such
missing adult person does not qualify as a missing child or vulnerable
adult pursuant to the executive law), the police agency shall collect
information necessary to file an electronic report and submit such
electronic report to the National Crime Information Center Register.

Section 3 provides this act shall take effect on the sixtieth day
after it shall have become a law.

 EXISTING LAW :

Police agencies are not currently required to take and submit reports
of missing adults under the conditions described in this legislation.

 JUSTIFICATION :

Anita Fowler's son, LaMont Dottin, was a freshman at Queens College
(CUNY) when he disappeared on October 18, 1995 after leaving his
grandmother's house to mail a package to his mother, who was in
California. Dr. Fowler returned immediately to New York and began
searching for her son. She tried to report him as missing, but due to
police regulations she was unable to file a report until November 13,
1995. Dr. Fowler searched for five years, when she found that her
son's body was found six days after she reported him as missing and
lay unidentified in a grave at Potter's Field since February 1996.

This legislation seeks to prevent future confusion and heartache by
requiring law enforcement to take a report whenever a person is
reported missing and send such report to the National Crime
Information Center (NCIC) Register.

This will create a permanent record of all reports of missing persons.
This will assist law enforcement in searching for such person if it is
determined subsequent that such person is indeed missing. Further, in
the event the missing person is located in either a hospital or a
morgue, this registry will assist in identifying the person and will
reunite the missing person with his or her family or, if the person is
deceased, it will help the family some semblance of closure.


The previous version of this bill was vetoed by the governor, citing
compliance concerns with the NCIC database because reports were to be
filed even when circumstances did not indicate a missing adult was in
danger. This version of the bill delineates the several situations a
report shall be filed, including but not limited to physical danger,
mirroring the parameters of the NCIC database.

 LEGISLATIVE HISTORY :

2015-16: Vetoed by Governor
2015-16: A7468 Passed Assembly
2015-16: S3790 (Sen. Sanders) Passed Senate
2013-14: A10149 Referred to Governmental Operations
2013-14: S7864 (Sen. Sanders) Passed Senate

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

S6437A (ACTIVE) - Bill Text download pdf

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

                                 6437--A

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to requiring police agen-
  cies  to take reports of missing adults whenever the adult is reported
  to be missing

  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 "Lamont
Dottin's law".
  S 2. The executive law is amended by adding a new section  837-f-2  to
read as follows:
  S  837-F-2. MISSING ADULTS. IN THE EVENT THAT A POLICE AGENCY RECEIVES
A REPORT THAT AN ADULT PERSON IS MISSING FROM  HIS  OR  HER  NORMAL  AND
ORDINARY  PLACE  OF RESIDENCE AND WHOSE WHEREABOUTS CANNOT BE DETERMINED
BY AN INDIVIDUAL WHOSE RELATIONSHIP WITH SUCH ADULT PERSON  WOULD  PLACE
SUCH  INDIVIDUAL  IN  A  POSITION TO HAVE KNOWLEDGE OF HIS OR HER WHERE-
ABOUTS, AND THAT SUCH MISSING ADULT PERSON HAS A PROVEN  DISABILITY,  OR
MAY  BE  IN  PHYSICAL  DANGER, OR IS MISSING AFTER A CATASTROPHE, OR MAY
HAVE DISAPPEARED INVOLUNTARILY, OR IS MISSING UNDER CIRCUMSTANCES  WHERE
THERE  IS  A  REASONABLE CONCERN FOR HIS OR HER SAFETY; AND SUCH MISSING
ADULT PERSON DOES NOT QUALIFY AS EITHER  A  MISSING  CHILD  PURSUANT  TO
SECTION  EIGHT  HUNDRED  THIRTY-SEVEN-E  OF THIS ARTICLE OR A VULNERABLE
ADULT PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-F-1 OF  THIS  ARTI-
CLE,  THE  POLICE  AGENCY SHALL COLLECT INFORMATION NECESSARY TO FILE AN
ELECTRONIC REPORT REGARDING THE MISSING ADULT PERSON WITH  THE  NATIONAL
CRIME  INFORMATION  CENTER REGISTER AND SUBMIT SUCH ELECTRONIC REPORT TO
THE NATIONAL CRIME INFORMATION CENTER REGISTER.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07820-04-6

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The New York State Senate

senate Bill S6437A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

Jun 2, 2016 - Finance committee Vote

Finance Committee Vote: Jun 2, 2016

Bill Amendments

S6437 - Details

S6437 - Summary

S6437 - Sponsor Memo

S6437 - Bill Text download pdf

Co-Sponsors

S6437A (ACTIVE) - Details

S6437A (ACTIVE) - Summary

S6437A (ACTIVE) - Sponsor Memo

S6437A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6437A

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

Jun 2, 2016 - Finance committee Vote

Finance Committee Vote: Jun 2, 2016

Bill Amendments

S6437 - Details

S6437 - Summary

S6437 - Sponsor Memo

S6437 - Bill Text download pdf

Co-Sponsors

Leroy Comrie

S6437A (ACTIVE) - Details

S6437A (ACTIVE) - Summary

S6437A (ACTIVE) - Sponsor Memo

S6437A (ACTIVE) - Bill Text download pdf

Comments