S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2257
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 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 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".
   §  2.  The  executive  law is amended by adding a new section 838-c to
 read as follows:
   § 838-C. 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 TWENTY, ADOPT AND IMPLEMENT AND THEREAFTER REGULARLY
 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 OFFI-
 CER 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06344-01-9

 S. 2257                             2
 
 DETERMINES THAT THE RELEASE OF SUCH  INFORMATION  WOULD  JEOPARDIZE  THE
 INVESTIGATION  OR  THE  SAFETY  OF  THE  PERSON,  OR  OTHERWISE REQUESTS
 FORBEARANCE.
   §  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:
   § 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  TWENTY  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
 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;

 S. 2257                             3
 
   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 TWENTY 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 TWENTY
 OF  MISSING ADULTS to state agencies, departments and the legislature 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
 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;

 S. 2257                             4
 
   (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.
   § 4. Section 837-m of the executive law, as amended by chapter 255  of
 the laws of 2014, is amended to read as follows:
   §  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
 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-

 S. 2257                             5
 
 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.
   §  5.  This act shall take effect immediately, except that section two
 of this act shall take effect on the first of  January  next  succeeding
 the  date  upon  which  it shall have become a law, and provided further
 that the division of criminal justice services is immediately authorized
 to take any and all actions necessary to assure  the  implementation  of
 the provisions of this act by such effective dates.