S T A T E O F N E W Y O R K
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6517
2017-2018 Regular Sessions
I N A S S E M B L Y
March 9, 2017
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Introduced by M. of A. RA -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to requiring mandatory
dissemination of information in certain cases of missing children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 837-t
to read as follows:
§ 837-T. PLANS FOR DISSEMINATION OF INFORMATION IN CERTAIN CASES OF
MISSING CHILDREN. 1. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT
HUNDRED THIRTY-SEVEN-F OF THIS ARTICLE, IN CONSULTATION WITH THE DIVI-
SION OF STATE POLICE AND OTHER APPROPRIATE AGENCIES, THE DIVISION SHALL,
BY JANUARY FIRST, TWO THOUSAND NINETEEN, ADOPT AND IMPLEMENT AND THERE-
AFTER REGULARLY UPDATE A UNIFORM PLAN FOR SEARCHING FOR CHILDREN UNDER
THE AGE OF EIGHTEEN BELIEVED TO BE ABDUCTED AND MISSING AUTISTIC CHIL-
DREN, WHEN SUCH CHILDREN ARE BELIEVED TO BE IN DANGER OF SERIOUS BODILY
HARM OR DEATH. SUCH PLAN SHALL INVOLVE A PROACTIVE, COORDINATED
RESPONSE, PLANNED IN ADVANCE, THAT IS TRIGGERED IMMEDIATELY UPON CONFIR-
MATION BY A POLICE OFFICER, PEACE OFFICER OR POLICE AGENCY OF A REPORT
OF SUCH A MISSING CHILD.
2. SUCH PLANS SHALL, AT THE MINIMUM, REQUIRE THAT:
(A) THE NAME OF SUCH MISSING CHILD, A DESCRIPTION OF THE CHILD AND
OTHER PERTINENT INFORMATION SHALL BE PROMPTLY DISPATCHED OVER THE POLICE
COMMUNICATION SYSTEM, PURSUANT TO SUBDIVISION THREE OF SECTION TWO
HUNDRED TWENTY-ONE OF THIS CHAPTER;
(B) SUCH INFORMATION SHALL 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.
LBD10097-01-7
A. 6517 2
(C) SUCH INFORMATION SHALL 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;
(D) PARTICIPATING RADIO STATIONS AND OTHER PARTICIPATING BROADCAST
MEDIA OUTLETS SERVING THE COMMUNITY SHALL PROMPTLY BROADCAST A MISSING
CHILD ALERT PROVIDING PERTINENT DETAILS CONCERNING THE CHILD'S DISAP-
PEARANCE, BREAKING INTO REGULAR PROGRAMMING WHERE APPROPRIATE;
(E) PARTICIPATING INTERNET SERVICE PROVIDERS AND COMMERCIAL MOBILE
SERVICE PROVIDERS SERVING THE COMMUNITY SHALL PROMPTLY PROVIDE BY ELEC-
TRONIC MAIL MESSAGE A MISSING CHILD ALERT PROVIDING PERTINENT DETAILS
CONCERNING THE CHILD'S DISAPPEARANCE; AND
(F) 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 ELECTRONIC ENTRY POINT, FROM WHICH POINT
IT MAY BE PROMPTLY DISPATCHED, IN CONFORMITY WITH THE ORDERS, RULES OR
REGULATIONS GOVERNING THE SYSTEM.
3. NO DISPATCH OR TRANSMISSION OF A REPORT CONCERNING A MISSING CHILD
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, OR REQUESTS
FORBEARANCE FOR ANY REASON.
§ 2. This act shall take effect January 1, 2019, provided 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 date.