Assembly Bill A4163

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4163
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW  --  read once and referred to the
   Committee on Veterans' Affairs
 
 AN ACT to amend the executive law, in relation to establishing  a  green
   alert system for missing military members
 
   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  354-g
 to read as follows:
   §  354-G. GREEN ALERT FOR MISSING MILITARY MEMBERS. 1. AS USED IN THIS
 SECTION:
   (A) "ALERT" MEANS THE  STATEWIDE  GREEN  ALERT  FOR  MISSING  MILITARY
 MEMBERS THAT IS DEVELOPED AND IMPLEMENTED UNDER THIS SECTION.
   (B)  "LAW  ENFORCEMENT  AGENCY"  MEANS  A  LAW ENFORCEMENT AGENCY WITH
 JURISDICTION OVER THE INVESTIGATION OF A MISSING MILITARY MEMBER.
   (C) "MILITARY MEMBER" MEANS A PERSON WHO IS A CURRENT OR FORMER MEMBER
 OF THE UNITED STATES ARMED FORCES, INCLUDING THE  NATIONAL  GUARD  OR  A
 RESERVE OR AUXILIARY UNIT OF ANY BRANCH OF THE ARMED FORCES.
   2.  WITH  THE  COOPERATION  OF  THE  DEPARTMENT OF TRANSPORTATION, THE
 OFFICE OF THE GOVERNOR, AND OTHER APPROPRIATE LAW  ENFORCEMENT  AGENCIES
 IN  THIS  STATE,  THE  DIVISION  SHALL DEVELOP AND IMPLEMENT A STATEWIDE
 GREEN ALERT TO BE ACTIVATED ON BEHALF OF A MISSING MILITARY  MEMBER  WHO
 HAS  ELECTED  TO  PARTICIPATE  IN THE GREEN ALERT SYSTEM AND WHO SUFFERS
 FROM A MENTAL ILLNESS, INCLUDING POST-TRAUMATIC STRESS  DISORDER,  OR  A
 TRAUMATIC BRAIN INJURY.
   3. THE STATE DIRECTOR IS THE STATEWIDE COORDINATOR OF THE GREEN ALERT.
 THE  STATE  DIRECTOR SHALL ADOPT RULES AND ISSUE DIRECTIVES AS NECESSARY
 TO ENSURE PROPER IMPLEMENTATION OF THE GREEN ALERT. THE RULES AND DIREC-
 TIVES SHALL INCLUDE:
   (A) THE PROCEDURES TO BE USED BY A LAW ENFORCEMENT  AGENCY  TO  VERIFY
 WHETHER  A MILITARY MEMBER IS MISSING AND SUFFERS FROM A MENTAL ILLNESS,
 INCLUDING POST-TRAUMATIC STRESS DISORDER, OR A TRAUMATIC BRAIN INJURY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06251-01-3
              

 A. 4163                             2
 
   (B) A DESCRIPTION OF THE CIRCUMSTANCES UNDER WHICH A  LAW  ENFORCEMENT
 AGENCY IS REQUIRED TO REPORT A MISSING MILITARY MEMBER TO THE DIVISION;
   (C)  THE  PROCEDURES  TO  BE USED BY AN INDIVIDUAL OR ENTITY TO REPORT
 INFORMATION ABOUT A MISSING MILITARY MEMBER TO DESIGNATED MEDIA  OUTLETS
 IN THIS STATE;
   (D)  GUIDELINES  FOR RELEASING ONLY THE INFORMATION NECESSARY IN ORDER
 TO PROTECT THE PRIVACY OF A MISSING MILITARY MEMBER  FOR  WHOM  A  GREEN
 ALERT HAS BEEN ISSUED, INCLUDING COMPLIANCE WITH HEALTH INSURANCE PORTA-
 BILITY AND ACCOUNTABILITY ACT OF 1996; AND
   (E) FORMS FOR USE BY LAW ENFORCEMENT AGENCIES IN REQUESTING ACTIVATION
 OF THE ALERT SYSTEM.
   4.  THE  DIVISION  SHALL  RECRUIT PUBLIC AND COMMERCIAL TELEVISION AND
 RADIO BROADCASTERS, PRIVATE COMMERCIAL ENTITIES, STATE OR LOCAL  GOVERN-
 MENTAL  ENTITIES, THE PUBLIC, AND OTHER APPROPRIATE PERSONS TO ASSIST IN
 DEVELOPING AND IMPLEMENTING THE ALERT SYSTEM. A STATE AGENCY PARTICIPAT-
 ING IN THE ALERT SYSTEM SHALL:
   (A) COOPERATE WITH THE DIVISION AND ASSIST IN  DEVELOPING  AND  IMPLE-
 MENTING THE ALERT SYSTEM; AND
   (B)  ESTABLISH  A PLAN FOR PROVIDING RELEVANT INFORMATION TO ITS OFFI-
 CERS, INVESTIGATORS, OR EMPLOYEES, AS APPROPRIATE, ONCE THE ALERT SYSTEM
 HAS BEEN ACTIVATED.
   5. THE DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A PLAN FOR PROVID-
 ING RELEVANT INFORMATION TO THE PUBLIC THROUGH  AN  EXISTING  SYSTEM  OF
 DYNAMIC MESSAGE SIGNS LOCATED ACROSS THE STATE.
   6. A LAW ENFORCEMENT AGENCY SHALL NOTIFY THE DIVISION IF THE AGENCY:
   (A)  RECEIVES  A  REPORT  REGARDING  A  MISSING MILITARY MEMBER WHO IS
 DETERMINED BY THE AGENCY TO BE A PARTICIPANT IN THE GREEN ALERT SYSTEM;
   (B) VERIFIES THAT AT THE TIME THE MILITARY MEMBER IS REPORTED MISSING:
   (I) THE PERSON REPORTED MISSING IS A MILITARY MEMBER;
   (II) THE MILITARY MEMBER'S LOCATION IS UNKNOWN; AND
   (III) THE MILITARY MEMBER SUFFERS FROM  A  MENTAL  ILLNESS,  INCLUDING
 POST-TRAUMATIC STRESS DISORDER, OR A TRAUMATIC BRAIN INJURY; AND
   (C) DETERMINES THAT THE MILITARY MEMBER'S DISAPPEARANCE POSES A CREDI-
 BLE  THREAT TO THE MILITARY MEMBER'S HEALTH AND SAFETY OR THE HEALTH AND
 SAFETY OF ANOTHER.
   (D) A LAW ENFORCEMENT AGENCY SHALL VERIFY THE INFORMATION REQUIRED  BY
 THIS  SUBDIVISION AND MAKE THE DETERMINATION REQUIRED AS SOON AS PRACTI-
 CABLE AFTER THE AGENCY RECEIVES A REPORT REGARDING  A  MISSING  MILITARY
 MEMBER.
   (E)  IN  VERIFYING  THAT  THE  MILITARY  MEMBER  SUFFERS FROM A MENTAL
 ILLNESS, INCLUDING POST-TRAUMATIC STRESS DISORDER, OR A TRAUMATIC  BRAIN
 INJURY  THE  LAW  ENFORCEMENT  AGENCY  SHALL REQUIRE THE FAMILY OR LEGAL
 GUARDIAN OF THE MILITARY MEMBER TO PROVIDE DOCUMENTATION OF THE  ILLNESS
 OR INJURY.
   7.  (A) WHEN A LAW ENFORCEMENT AGENCY NOTIFIES THE DIVISION, THE DIVI-
 SION SHALL CONFIRM THE ACCURACY OF THE INFORMATION  AND,  IF  CONFIRMED,
 IMMEDIATELY  ISSUE  AN ALERT UNDER THIS SECTION IN ACCORDANCE WITH DIVI-
 SION RULES.
   (B) IN ISSUING THE ALERT, THE DIVISION SHALL SEND THE ALERT TO  DESIG-
 NATED  MEDIA  OUTLETS  IN  THIS  STATE.  FOLLOWING RECEIPT OF THE ALERT,
 PARTICIPATING RADIO STATIONS AND TELEVISION STATIONS AND  OTHER  PARTIC-
 IPATING  MEDIA  OUTLETS  MAY  ISSUE THE ALERT AT DESIGNATED INTERVALS TO
 ASSIST IN LOCATING THE MISSING MILITARY MEMBER.
   (C) THE ALERT MUST INCLUDE:
 A. 4163                             3
 
   (I) ALL APPROPRIATE INFORMATION THAT IS PROVIDED BY THE  LAW  ENFORCE-
 MENT AGENCY UNDER THIS SECTION AND THAT MAY LEAD TO THE SAFE RECOVERY OF
 THE MISSING MILITARY MEMBER; AND
   (II)  A  STATEMENT  INSTRUCTING ANY PERSON WITH INFORMATION RELATED TO
 THE MISSING MILITARY MEMBER TO CONTACT A LAW ENFORCEMENT AGENCY.
   (D) THE STATE DIRECTOR SHALL TERMINATE ANY  ACTIVATION  OF  THE  ALERT
 WITH  RESPECT TO A PARTICULAR MISSING MILITARY MEMBER NOT LATER THAN THE
 EARLIER OF THE DATE ON WHICH:
   (I) THE MISSING MILITARY MEMBER IS LOCATED OR THE SITUATION IS  OTHER-
 WISE RESOLVED; OR
   (II)  THE  NOTIFICATION  PERIOD  ENDS, AS DETERMINED BY THE DIVISION'S
 RULES.
   (E) A LAW ENFORCEMENT AGENCY THAT LOCATES A  MISSING  MILITARY  MEMBER
 WHO IS THE SUBJECT OF AN ALERT UNDER THIS SECTION SHALL NOTIFY THE DIVI-
 SION  AS  SOON  AS  POSSIBLE  THAT  THE MISSING MILITARY MEMBER HAS BEEN
 LOCATED.
   8. THE DEPARTMENT OF TRANSPORTATION IS NOT REQUIRED TO USE ANY  EXIST-
 ING SYSTEM OF DYNAMIC MESSAGE SIGNS IN A STATEWIDE ALERTS SYSTEM CREATED
 UNDER  THIS  SECTION IF THE DEPARTMENT OF TRANSPORTATION RECEIVES NOTICE
 FROM THE UNITED STATES  DEPARTMENT  OF  TRANSPORTATION  FEDERAL  HIGHWAY
 ADMINISTRATION  THAT  THE  USE  OF THE SIGNS WOULD RESULT IN THE LOSS OF
 FEDERAL HIGHWAY FUNDING OR OTHER PUNITIVE  ACTIONS  TAKEN  AGAINST  THIS
 STATE DUE TO NONCOMPLIANCE WITH FEDERAL LAWS, REGULATIONS, OR POLICIES.
   9.  THE  DIVISION  SHALL  ESTABLISH  AN OPT-OUT PROCEDURE FOR MILITARY
 MEMBERS WHO DO NOT WISH TO BE INCLUDED IN THE GREEN ALERT PROGRAM.  SUCH
 OPT-OUT  FORM  SHALL  BE  MADE  AVAILABLE IN HARD COPY AND SHALL BE MADE
 ELECTRONICALLY AVAILABLE ON THE DIVISION'S WEBSITE.
   § 2. This act shall take effect immediately.