Senate Bill S4156A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4156--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by Sens. SANDERS, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Crime  Victims,
   Crime  and  Correction  -- 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,
 HOWEVER,  THAT  SUCH  TERM  SHALL  NOT APPLY TO ANY SUCH PERSON WHOM THE
 INVESTIGATING LAW ENFORCEMENT AGENCY REASONABLY SUSPECTS  TO  HAVE  BEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08523-03-3
              

 S. 4156--A                          2
 
 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]
 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;
 S. 4156--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, 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.