S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5570
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08523-02-3
              

 A. 5570                             2
 
 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]
 RESIDENTIAL AND NON-RESIDENTIAL SERVICES;
   §  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-FIVE,  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  AND  COMMUNITY-BASED ORGANIZATIONS THE
 DEPARTMENT DEEMS APPROPRIATE, DEVELOP, ADOPT, IMPLEMENT  AND  THEREAFTER
 ANNUALLY 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;
   (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
 A. 5570                             3
 
 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, PROVIDED THAT AN INITIAL NOTIFICATION IS MADE
 NO LATER THAN SEVEN DAYS AFTER THE PERSON GOES MISSING AND  THEN  WEEKLY
 THEREAFTER;  PROVIDED,  HOWEVER,  IF  NO  NEW  INFORMATION IS AVAILABLE,
 FUTURE NOTIFICATIONS SHOULD OCCUR  WHEN  SUCH  NEW  INFORMATION  BECOMES
 AVAILABLE.
   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, 2025. 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.