S T A T E O F N E W Y O R K
________________________________________________________________________
8412--A
2021-2022 Regular Sessions
I N A S S E M B L Y
November 3, 2021
___________
Introduced by M. of A. ANDERSON, ABINANTI, GALLAGHER, BURGOS, KELLES,
SIMON, TAPIA, GOTTFRIED, ZINERMAN, DAVILA, DE LOS SANTOS -- read once
and referred to the Committee on Governmental Operations -- recommit-
ted to the Committee on Governmental Operations in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agen-
cies in missing persons investigations and to provide support for
relatives of such missing persons
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 "Destini Smoth-
ers' law".
§ 2. Section 640 of the executive law is amended by adding a new
subdivision 3 to read as follows:
3. (A) FOR THE PURPOSES OF THIS ARTICLE, THE TERM "CRIME VICTIM" SHALL
INCLUDE A RELATIVE OF A MISSING PERSON AS DEFINED IN PARAGRAPH (C) OF
THIS SUBDIVISION.
(B) "MISSING PERSON" SHALL INCLUDE A "MISSING CHILD" AS DEFINED IN
SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THIS CHAPTER, A "MISSING VULNER-
ABLE ADULT" AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-1 OF THIS
CHAPTER, AND A "MISSING ADULT" AS DEFINED IN SECTION EIGHT HUNDRED THIR-
TY-SEVEN-F-2 OF THIS CHAPTER, WHO IS MISSING UNDER CIRCUMSTANCES WHERE
THERE IS A REASONABLE CONCERN FOR HIS OR HER SAFETY OR WHOSE DISAPPEAR-
ANCE HAS BEEN DETERMINED BY LAW ENFORCEMENT TO HAVE BEEN INVOLUNTARY.
(C) "RELATIVE OF A MISSING PERSON" MEANS (I) ANY PERSON RELATED TO A
MISSING PERSON AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION WITHIN
THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY; (II) ANY PERSON MAINTAIN-
ING A SEXUAL RELATIONSHIP WITH SUCH MISSING PERSON; OR (III) ANY PERSON
RESIDING IN THE SAME HOUSEHOLD WITH SUCH MISSING PERSON; PROVIDED,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13420-03-2
A. 8412--A 2
HOWEVER, THAT SUCH TERM SHALL NOT APPLY TO ANY SUCH PERSON WHOM THE
INVESTIGATING LAW ENFORCEMENT AGENCY REASONABLY SUSPECTS TO HAVE BEEN
INVOLVED IN THE MISSING PERSON'S DISAPPEARANCE; (IV) WHO HAS BEEN
CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THE CRIMINAL PROCEDURE LAW OR SECTION EIGHT HUNDRED TWELVE OF
THE FAMILY COURT ACT COMMITTED AGAINST THE MISSING PERSON; (V) IS THE
DEFENDANT OR RESPONDENT OR BOTH IN ANY FAMILY OFFENSE PROCEEDING PENDING
IN CRIMINAL COURT OR FAMILY COURT WHERE THE FAMILY OFFENSE IS ALLEGED TO
HAVE BEEN COMMITTED AGAINST THE MISSING PERSON; (VI) IS OR HAS BEEN THE
SUBJECT OF AN ORDER OF PROTECTION IN FAVOR OF THE MISSING PERSON; OR
(VII) WHOM THE LAW ENFORCEMENT AGENCY HAS REASONABLE CAUSE TO BELIEVE
HAS PERPETRATED A FAMILY OFFENSE OR OTHERWISE COMMITTED AN ACT OR ACTS
OF DOMESTIC VIOLENCE AGAINST THE MISSING PERSON, REGARDLESS OF WHETHER
ANY PROSECUTION, FAMILY OFFENSE PROCEEDING, OR CONVICTION RESULTED FROM
SUCH CONDUCT.
(D) ALL FAIR TREATMENT STANDARDS AND CRITERIA REQUIRED PURSUANT TO
THIS ARTICLE, AND ANY SERVICES AND SUPPORTS PROVIDED TO CRIME VICTIMS IN
CONNECTION THEREWITH, SHALL BE AVAILABLE TO RELATIVES OF MISSING PERSONS
TO THE EXTENT SUCH FAIR TREATMENT STANDARDS ARE APPLICABLE AT THE RELE-
VANT STAGE OF A MISSING PERSONS INVESTIGATION.
§ 3. Paragraph (b) of subdivision 1 of section 641 of the executive
law, as added by chapter 94 of the laws of 1984, is amended to read as
follows:
(b) availability of appropriate public or private programs that
provide counseling, treatment or support for crime victims, including
but not limited to the following: rape crisis centers, victim/witness
assistance programs, elderly victim services, TRAUMA-INFORMED INTER-
VENTION SERVICES, EMOTIONAL SUPPORT SERVICES, MENTAL HEALTH CARE
SERVICES, victim assistance hotlines and domestic violence shelters;
§ 4. Subdivision 5 of section 642 of the executive law, as amended by
chapter 263 of the laws of 1986, is amended to read as follows:
5. Victim assistance education and training, with special consider-
ation to be given to victims of domestic violence, sex offense victims,
SEX TRAFFICKING VICTIMS, elderly victims, child victims, RELATIVES OF
MISSING PERSONS, and the families of homicide victims, shall be given to
persons taking courses at state law enforcement training facilities and
by district attorneys so that victims may be promptly, properly and
completely assisted.
§ 5. The executive law is amended by adding a new section 837-f-3 to
read as follows:
§ 837-F-3. LAW ENFORCEMENT COLLABORATION IN MISSING PERSONS INVESTI-
GATIONS. 1. THE DIVISION SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-THREE, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, EVERY
POLICE AGENCY IN THIS STATE, EVERY DISTRICT ATTORNEY IN THIS STATE, AND
SUCH OTHER QUALIFIED AGENCIES THE DEPARTMENT DEEMS APPROPRIATE, DEVELOP,
ADOPT, IMPLEMENT AND THEREAFTER REGULARLY UPDATE A UNIFORM PLAN FOR
COLLABORATION BETWEEN POLICE AGENCIES IN MISSING PERSONS INVESTIGATIONS.
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 A 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 ALL LOCAL AND STATE AGENCIES;
(B) THERE SHALL BE NO PRESUMPTION THAT PERSONS BETWEEN THE AGES OF
NINETEEN AND SIXTY-FOUR ARE NOT MISSING;
A. 8412--A 3
(C) THE AGENCY SHALL ASCERTAIN WHETHER THE MISSING PERSON IS OR HAS
BEEN THE VICTIM OF A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW OR SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT, AND IF SO, THE AGENCY SHALL IMMEDIATELY
TRANSMIT SUCH INFORMATION ALONG WITH ANY RECORDS IN ITS POSSESSION
RELATING THERETO TO EVERY LOCAL AND STATE AGENCY, AND SHALL IMMEDIATELY
REQUEST AND OBTAIN ANY SUCH RECORDS IN THE POSSESSION OF ANOTHER LOCAL
OR STATE AGENCY;
(D) RELATIVES OF MISSING PERSONS ARE PROVIDED WITH THE SERVICES AND
INFORMATION REQUIRED TO BE GIVEN TO CRIME VICTIMS PURSUANT TO SECTION
SIX HUNDRED FORTY-ONE OF THIS CHAPTER; AND
(E) ROUTINE NOTIFICATION OF RELATIVES OF MISSING PERSONS OF THE STATUS
OF THE MISSING PERSONS INVESTIGATION, TO THE EXTENT SUCH INFORMATION
WILL NOT JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE MISSING
PERSON OR ANOTHER PERSON.
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. IN THE EVENT THAT A POLICE AGENCY RECEIVES A REPORT OF AN ADULT
MISSING PERSON AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-2 OF
THIS ARTICLE AND SUCH AGENCY KNOWS OR HAS REASONABLE CAUSE TO BELIEVE
THAT SUCH MISSING ADULT PERSON IS OR HAS BEEN THE VICTIM OF A FAMILY
OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
PROCEDURE LAW OR SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT,
OR HAS OTHERWISE BEEN THE VICTIM OF DOMESTIC VIOLENCE, REGARDLESS OF
WHETHER ANY FAMILY OFFENSE PROCEEDING OR CRIMINAL PROSECUTION WAS
COMMENCED, THERE SHALL BE A PRESUMPTION THAT SUCH PERSON IS MISSING
UNDER CIRCUMSTANCES WHERE THERE IS A REASONABLE CONCERN FOR HIS OR HER
SAFETY.
5. 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 REQUIRES
FORBEARANCE.
§ 6. This act shall take effect January 1, 2023. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.