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

                                 3274--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 SEVENTEEN, ADOPT AND IMPLEMENT AND THEREAFTER REGU-
LARLY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07375-02-6

              

S. 3274--A                          2

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.
  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 SEVENTEEN 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

S. 3274--A                          3

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
FIRST,  TWO THOUSAND SEVENTEEN 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 SEVEN-
TEEN OF MISSING ADULTS to state agencies, departments and  the  legisla-
ture 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

S. 3274--A                          4

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,
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 amended by chapter 255  of
the laws of 2014, is amended to read as follows:
  S  837-m.  Reporting  duties  [of  law  enforcement  departments] with
respect to missing [children and vulnerable adults] 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

S. 3274--A                          5

report,  at  least semi-annually, to the division with respect to speci-
fied cases of missing [children] PERSONS that  are  closed  AS  WELL  AS
INFORMATION  ON  ALL UNIDENTIFIED BODIES.   Such reports shall be in the
form and manner prescribed by the division and shall contain such infor-
mation  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 exploi-
tation and [children] PERSONS who were found  deceased  and  information
regarding  the  alleged  abductor  or killer of such [children] PERSONS.
Any law enforcement department referred to in this section may,  in  its
discretion,  include in such semi-annual reports information relating to
missing vulnerable adults as such  term  is  defined  in  section  eight
hundred thirty-seven-f-one of this article.
  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, 2017, 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.