Senate Bill S4261

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4261
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sens.  ASHBY,  OBERACKER,  RHOADS, ROLISON, WEIK -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Veterans, Homeland Security and Military 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06251-01-3
 S. 4261                             2
 
              

   (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;
   (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.
 S. 4261                             3
 
   (C) THE ALERT MUST INCLUDE:
   (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.