assembly Bill A8412A

2021-2022 Legislative Session

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations and provides support for relatives of such missing persons

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 22, 2022 print number 8412a
Apr 22, 2022 amend and recommit to governmental operations
Jan 05, 2022 referred to governmental operations
Nov 03, 2021 referred to governmental operations

Co-Sponsors

view additional co-sponsors

A8412 - Details

See Senate Version of this Bill:
S7591
Law Section:
Executive Law
Laws Affected:
Amd §§640, 641 & 642, add §837-f-3, Exec L

A8412 - Summary

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.

A8412 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8412
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2021
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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,
 HOWEVER, THAT SUCH TERM SHALL NOT APPLY TO ANY SUCH  PERSON;  (IV)  WHOM
 THE  INVESTIGATING  LAW  ENFORCEMENT  AGENCY REASONABLY SUSPECTS TO HAVE
 BEEN INVOLVED IN THE MISSING PERSON'S DISAPPEARANCE; (V)  WHO  HAS  BEEN
 CONVICTED  OF  A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13420-01-1

Co-Sponsors

view additional co-sponsors

A8412A (ACTIVE) - Details

See Senate Version of this Bill:
S7591
Law Section:
Executive Law
Laws Affected:
Amd §§640, 641 & 642, add §837-f-3, Exec L

A8412A (ACTIVE) - Summary

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.

A8412A (ACTIVE) - Bill Text download pdf

 
                     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