S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4175
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RA,  VANEL,  McDONOUGH, LAWRENCE, MORINELLO,
   COLTON, M. L. MILLER, CROUCH, RAIA -- Multi-Sponsored by -- M.  of  A.
   COOK,  GIGLIO,  HAWLEY  --  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 TWENTY-ONE, ADOPT AND IMPLEMENT AND THER-
 EAFTER 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02329-01-9

 A. 4175                             2
 
 NOTIFY OTHER SUCH RADIO STATIONS AND OTHER BROADCAST  MEDIA  OUTLETS  IN
 LIKE MANNER;
   (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, 2021, 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.