The New York State Senate

 
                     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.