NY State Senate Bill 2023-S2274

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
May 03, 2023	reported and committed to finance
Mar 08, 2023	notice of committee consideration - requested
Jan 19, 2023	referred to codes

Votes

- May 1, 2023 - Codes Committee Vote
  S2274
  
  9
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 1, 2023
      
      aye (9)
      
      Bailey
      
      Gallivan
      
      Harckham
      
      Hoylman-Sigal
      
      Murray
      
      O'Mara
      
      Palumbo
      
      Ryan
      
      Sepúlveda
      
      aye wr (4)
      
      Brisport
      
      Kavanagh
      
      Myrie
      
      Persaud

co-Sponsors

View additional co-sponsors

2023-S2274 (ACTIVE) - Details

See Assembly Version of this Bill:: A3230
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-f-3, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7584

2023-S2274 (ACTIVE) - Summary

Establishes a coordinated law enforcement adult rescue "teal alert" for missing adults; provides that local law enforcement agencies notify the division of criminal justice services about missing adults; provides that such division shall issue an alert about such missing adult.

2023-S2274 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2274

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting "Gabby's law"
establishing a coordinated law enforcement adult rescue "teal alert" for
missing adults

 
PURPOSE:

This bill would opt New York into the nationwide alert system for miss-
ing adults between the ages of 18 and 64. Currently, no alert system
exists in New York for most individuals in this age group.

 
SUMMARY OF PROVISIONS:

Section 1. Designates this act as "Gabby's Law", establishing a "Teal
Alert" for missing adults between the ages of 18 and 64 in New York and
opting into the national alert system known as the "Ashanti Alert Act".

Section 2. Adds a new section 837-f-3 to the executive law, which

creates a coordinated law enforcement adult rescue public notification
for missing adults, where the disappearance was not voluntary and the
missing adult is in imminent danger of bodily injury or death. This
section would require the Division of Criminal Justice Services to adopt
rules and issue directives for the implementation of the alert system
and recruit the assistance of appropriate persons and entities, includ-
ing media private and commercial and state and local government entities
in developing and implementing the system.

Section 3. Establishes the effective date.

 
JUSTIFICATION:

Gabby Petito was a 22-year old woman from Long Island who went missing
while traveling across the United States with her boyfriend. Despite the
fact that her family did not hear from Gabby or see any social media
posts from her for days, Gabby was not reported missing until 11 days
after her last communication with her parents. The story became an
international news story and vigils were held around the globe day and
night praying for her safe return. Tragically, Gabby's remains were
ultimately found in the Bridger-Teton National Forest in Wyoming eight
days after she was reported missing and a total of 19 days since her
parents last had contact with her. Gabby's death was ruled a homicide
and although such an alert system may not have saved her, the investi-
gation revealed that she had contact with several individuals during the
final days of her life and had they known she was possibly in danger the
result may have been different.

The Ashanti's Alert Act is a national alert system that provides a
voluntary nationwide alert/public notification system (similar to an
AMBER alert for minors or a Silver Alert for seniors) when a missing
adult between the ages of 18 and 64 goes missing. At the present, only a
few states currently participate in this network. This legislation would
opt New York into the Ashanti's Alert Act allowing New York to join the
network and to help save the lives of individuals between ages 18 and 64
who are missing, abducted or in danger.

New York has established coordinated law enforcement alert systems for
missing children and missing vulnerable adults with mental health issues
but there is currently no similar system for adults who are not consid-
ered "vulnerable". This bill would create an Amber Alert type system
that would allow for early reports of missing adults, including victims
of domestic violence who are believed to be in danger and would ensure
that information related to their disappearance is quickly disseminated
to the public to help, allowing for a greater likelihood that the miss-
ing adult is found safe and unharmed.

The Gabby Petito case evoked tremendous sympathy and awareness regarding
this issue. Friends, families and advocates wore teal colored ribbons on
her behalf representing her green/blue eye color.  In line with the
AMBER and Silver Alerts, this public notice would be designated a "Teal"
Alert.

 
LEGISLATIVE HISTORY:

2022 S.7584.

 
FISCAL IMPLICATIONS:

Costs to the State should be minimal as the alert system infrastructure
already exists

 
EFFECTIVE DATE:
Immediately.

2023-S2274 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2274
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced by Sens. PALUMBO, BORRELLO, GALLIVAN, OBERACKER, STEC -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes
 
 AN ACT to amend the executive law, in relation to enacting "Gabby's law"
   establishing a coordinated law enforcement adult rescue  "teal  alert"
   for missing adults

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Gabby's law" establishing a "teal alert".
   §  2.  The executive law is amended by adding a new section 837-f-3 to
 read as follows:
   § 837-F-3. COORDINATED LAW ENFORCEMENT ADULT RESCUE ALERT FOR  MISSING
 ADULTS. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "ADULT"  MEANS A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER BUT
 YOUNGER THAN SIXTY-FIVE YEARS OF AGE.
   (B) "ALERT" MEANS THE  STATEWIDE  COORDINATED  LAW  ENFORCEMENT  ADULT
 RESCUE  ALERT FOR MISSING ADULTS THAT IS DEVELOPED AND IMPLEMENTED UNDER
 THIS SECTION.
   (C) "BODILY INJURY" MEANS PHYSICAL PAIN, ILLNESS, OR ANY IMPAIRMENT OF
 PHYSICAL CONDITION.
   (D) "LOCAL LAW ENFORCEMENT AGENCY" MEANS A LOCAL LAW ENFORCEMENT AGEN-
 CY WITH JURISDICTION OVER THE INVESTIGATION OF A MISSING ADULT.
   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  SYSTEM  TO
 ALLOW A STATEWIDE ALERT TO BE ACTIVATED ON BEHALF OF A MISSING ADULT.
   3.  (A)  THE  COMMISSIONER  SHALL  BE THE STATEWIDE COORDINATOR OF THE
 ALERT SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06753-01-3
 S. 2274                             2

   (B) THE COMMISSIONER SHALL ADOPT RULES AND ISSUE DIRECTIVES AS  NECES-
 SARY  TO ENSURE PROPER IMPLEMENTATION OF THE ALERT SYSTEM. THE RULES AND
 DIRECTIVES SHALL INCLUDE:
   (I)  THE  PROCEDURES  TO  BE USED BY A LOCAL LAW ENFORCEMENT AGENCY TO
 VERIFY WHETHER AN ADULT IS MISSING AND  WHETHER  CIRCUMSTANCES  INDICATE
 THAT:
   (A) THE MISSING ADULT IS IN IMMINENT DANGER OF BODILY INJURY OR DEATH;
 OR
   (B)  THE  DISAPPEARANCE  OF THE MISSING ADULT MAY NOT HAVE BEEN VOLUN-
 TARY, INCLUDING CASES OF ABDUCTION OR KIDNAPPING; AND
   (C) THE MISSING ADULT'S DISAPPEARANCE POSES A CREDIBLE THREAT  TO  THE
 SAFETY  AND  HEALTH OF THE INDIVIDUAL OR ANOTHER IDENTIFIABLE PERSON AND
 UNDER SUCH CIRCUMSTANCES ALSO DEEMED APPROPRIATE BY LAW ENFORCEMENT;
   (II) A DESCRIPTION OF  THE  CIRCUMSTANCES  UNDER  WHICH  A  LOCAL  LAW
 ENFORCEMENT  AGENCY  IS  REQUIRED TO REPORT A MISSING ADULT TO THE DIVI-
 SION; AND
   (III) THE PROCEDURES TO BE USED BY AN INDIVIDUAL OR ENTITY  TO  REPORT
 INFORMATION  ABOUT  A  MISSING ADULT TO DESIGNATED MEDIA OUTLETS IN THIS
 STATE.
   (C) THE COMMISSIONER SHALL  PRESCRIBE  FORMS  FOR  USE  BY  LOCAL  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.
   5. (A) A STATE AGENCY PARTICIPATING IN THE ALERT SYSTEM SHALL:
   (I) COOPERATE WITH THE DIVISION AND ASSIST IN  DEVELOPING  AND  IMPLE-
 MENTING THE ALERT SYSTEM; AND
   (II)  ESTABLISH A PLAN FOR PROVIDING RELEVANT INFORMATION TO ITS OFFI-
 CERS, INVESTIGATORS, OR EMPLOYEES, AS APPROPRIATE, ONCE THE ALERT SYSTEM
 HAS BEEN ACTIVATED.
   (B) IN ADDITION TO ITS DUTIES AS A STATE AGENCY UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, THE DEPARTMENT OF  TRANSPORTATION  SHALL  ESTABLISH  A
 PLAN  FOR PROVIDING RELEVANT INFORMATION TO THE PUBLIC THROUGH AN EXIST-
 ING SYSTEM OF DYNAMIC MESSAGE SIGNS LOCATED ACROSS THE STATE.
   6. (A) A LOCAL LAW ENFORCEMENT AGENCY SHALL NOTIFY THE DIVISION IF THE
 AGENCY:
   (I) RECEIVES A REPORT REGARDING A MISSING ADULT;
   (II) VERIFIES THAT AT THE TIME THE ADULT IS REPORTED MISSING:
   (A) THE PERSON REPORTED MISSING IS EIGHTEEN YEARS OF AGE OR OLDER  BUT
 YOUNGER THAN SIXTY-FIVE YEARS OF AGE;
   (B) THE ADULT'S LOCATION IS UNKNOWN; AND
   (C) THE ADULT HAS BEEN MISSING FOR LESS THAN SEVENTY-TWO HOURS;
   (III)  CONFIRMS  THAT A PRELIMINARY INVESTIGATION HAS TAKEN PLACE WITH
 RESPECT TO THE DISAPPEARANCE AND THAT, AS  A  RESULT  OF  THAT  INVESTI-
 GATION,  THE  AGENCY  BELIEVES  THAT  THE ADULT IS MISSING UNDER CIRCUM-
 STANCES DESCRIBED BY SUBPARAGRAPH (I) OF PARAGRAPH  (B)  OF  SUBDIVISION
 THREE OF THIS SECTION; AND
   (IV)  BELIEVES  SUFFICIENT  INFORMATION IS AVAILABLE TO DISSEMINATE TO
 THE PUBLIC THAT COULD ASSIST IN LOCATING THE ADULT, A  PERSON  SUSPECTED
 OF  ABDUCTING  OR  KIDNAPPING THE ADULT, OR A VEHICLE SUSPECTED OF BEING
 USED BY THE ADULT OR IN ANY ABDUCTION OR KIDNAPPING OF THE ADULT.
   (B) THE DIVISION MAY MODIFY THE CRITERIA DESCRIBED BY PARAGRAPH (A) OF
 THIS SUBDIVISION AS NECESSARY FOR THE PROPER IMPLEMENTATION OF THE ALERT
 SYSTEM.
 S. 2274                             3

   7. (A) WHEN A LOCAL  LAW  ENFORCEMENT  AGENCY  NOTIFIES  THE  DIVISION
 PURSUANT  TO SUBDIVISION SIX OF THIS SECTION, THE DIVISION SHALL CONFIRM
 THE ACCURACY OF THE INFORMATION AND, IF CONFIRMED, IMMEDIATELY ISSUE  AN
 ALERT  UNDER  THIS  SECTION  IN ACCORDANCE WITH THE DIVISION'S RULES AND
 DIRECTIVES UNDER SUBDIVISION THREE OF THIS SECTION.
   (B)  THE  DIVISION  MAY ISSUE THE ALERT ON ITS OWN INITIATIVE, WITHOUT
 RECEIVING THE NOTIFICATION DESCRIBED BY PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  IF  THE  ISSUANCE CONFORMS TO THE DIVISION'S RULES AND DIRECTIVES
 AND IF THE CRITERIA DESCRIBED BY PARAGRAPH (A)  OF  SUBDIVISION  SIX  OF
 THIS SECTION ARE SATISFIED.
   (C)  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 ADULT.
   (D) THE DIVISION SHALL ALSO SEND THE ALERT TO:
   (I) ANY APPROPRIATE LAW ENFORCEMENT AGENCY;
   (II) THE DEPARTMENT OF TRANSPORTATION;
   (III) THE NEW YORK LOTTERY; AND
   (IV) THE INDEPENDENT BANKERS ASSOCIATION OF NEW YORK STATE.
   8. THE ALERT SHALL INCLUDE:
   (A)  ALL APPROPRIATE INFORMATION THAT MAY LEAD TO THE SAFE RECOVERY OF
 THE MISSING ADULT, AS DETERMINED BY THE DIVISION; AND
   (B) A STATEMENT INSTRUCTING ANY PERSON WITH INFORMATION RELATED TO THE
 MISSING ADULT TO CONTACT A LOCAL OR STATE LAW ENFORCEMENT AGENCY.
   9. (A) THE COMMISSIONER SHALL TERMINATE ANY ACTIVATION  OF  THE  ALERT
 WITH RESPECT TO A PARTICULAR MISSING ADULT NOT LATER THAN THE EARLIER OF
 THE DATE ON WHICH:
   (I)  THE  MISSING  ADULT  IS  LOCATED  OR  THE  SITUATION IS OTHERWISE
 RESOLVED; OR
   (II) THE NOTIFICATION PERIOD ENDS, AS DETERMINED BY DIVISION RULE.
   (B) A LOCAL LAW ENFORCEMENT AGENCY THAT LOCATES A MISSING ADULT WHO IS
 THE SUBJECT OF AN ALERT UNDER THIS SECTION SHALL NOTIFY THE DIVISION  AS
 SOON AS POSSIBLE THAT THE MISSING ADULT HAS BEEN LOCATED.
   10.  (A)  NOTWITHSTANDING  PARAGRAPH  (B)  OF SUBDIVISION FIVE OF THIS
 SECTION, THE DEPARTMENT OF TRANSPORTATION IS NOT  REQUIRED  TO  USE  ANY
 EXISTING  SYSTEM  OF  DYNAMIC  MESSAGE SIGNS IN A STATEWIDE ALERT SYSTEM
 CREATED UNDER THIS SECTION IF SUCH DEPARTMENT RECEIVES NOTICE  FROM  THE
 UNITED  STATES  DEPARTMENT  OF  TRANSPORTATION  FEDERAL HIGHWAY ADMINIS-
 TRATION THAT THE USE OF SUCH 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.
   (B) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 THE  DIVISION  SHALL  SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY  A  REPORT  CONTAINING  THE
 RESULTS  OF THE STUDY CONDUCTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION, INCLUDING ANY RECOMMENDATIONS FOR PROPOSED LEGISLATION.
   § 3. This act shall take effect immediately.

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Senate Bill S2274

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

May 1, 2023 - Codes Committee Vote

Codes Committee Vote: May 1, 2023

co-Sponsors

2023-S2274 (ACTIVE) - Details

2023-S2274 (ACTIVE) - Summary

2023-S2274 (ACTIVE) - Sponsor Memo

2023-S2274 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2274

Share this bill

Sponsored By

Anthony H. Palumbo

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Dean Murray

George M. Borrello

Patrick M. Gallivan

Peter Oberacker

2023-S2274 (ACTIVE) - Details

2023-S2274 (ACTIVE) - Summary

2023-S2274 (ACTIVE) - Sponsor Memo

2023-S2274 (ACTIVE) - Bill Text download pdf

Comments