Assembly Bill A8386A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8386
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BURROUGHS  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  the  creation  of  a
   "ebony alert system" for missing Black youth
 
   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  837-y
 to read as follows:
   §  837-Y. EBONY ALERT SYSTEM; MISSING VICTIMS OF DOMESTIC VIOLENCE. 1.
 WITH THE COOPERATION OF THE DEPARTMENT OF TRANSPORTATION, THE OFFICE  OF
 THE  GOVERNOR,  AND  OTHER  APPROPRIATE  LAW ENFORCEMENT AGENCIES IN THE
 STATE, THE DIVISION SHALL DEVELOP AND IMPLEMENT A STATEWIDE EBONY  ALERT
 SYSTEM  TO BE ACTIVATED ON BEHALF OF BLACK YOUTH, INCLUDING YOUNG WOMEN,
 MEN, NONBINARY, BOYS, AND GIRLS, WHO ARE REPORTED  MISSING  UNDER  UNEX-
 PLAINED  OR SUSPICIOUS CIRCUMSTANCES, AT RISK, DEVELOPMENTALLY DISABLED,
 OR COGNITIVELY IMPAIRED, OR WHO HAVE BEEN ABDUCTED.
   2. THE COMMISSIONER SHALL DESIGNATE A  STATEWIDE  COORDINATOR  OF  THE
 EBONY  ALERT SYSTEM. THE COMMISSIONER SHALL ADOPT RULES AND ISSUE DIREC-
 TIVES AS NECESSARY TO ENSURE PROPER IMPLEMENTATION OF  THE  EBONY  ALERT
 SYSTEM. THE RULES AND DIRECTIVES SHALL INCLUDE:
   (A) THE PROCEDURES TO BE USED BY A LAW ENFORCEMENT AGENCY TO DETERMINE
 THAT AN EBONY ALERT WOULD BE AN EFFECTIVE TOOL IN THE INVESTIGATION OF A
 MISSING BLACK YOUTH, WHICH SHALL INCLUDE THE FOLLOWING FACTORS:
   (I)  THE  MISSING PERSON IS TWELVE TO TWENTY-FIVE YEARS OF AGE, INCLU-
 SIVE;
   (II) THE MISSING PERSON SUFFERS FROM A MENTAL OR PHYSICAL DISABILITY;
   (III) THE PERSON IS MISSING UNDER CIRCUMSTANCES THAT INDICATE  ANY  OF
 THE FOLLOWING:
   (1) THE MISSING PERSON'S PHYSICAL SAFETY MAY BE ENDANGERED; OR
   (2) THE MISSING PERSON MAY BE SUBJECT TO TRAFFICKING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09408-01-5
 A. 8386                             2
              

 
   (IV)  THE  LAW  ENFORCEMENT AGENCY DETERMINES THAT THE PERSON HAS GONE
 MISSING UNDER UNEXPLAINED OR SUSPICIOUS CIRCUMSTANCES;
   (V)  THE  LAW ENFORCEMENT AGENCY BELIEVES THAT THE PERSON IS IN DANGER
 BECAUSE OF AGE, HEALTH, MENTAL OR PHYSICAL DISABILITY, OR ENVIRONMENT OR
 WEATHER CONDITIONS, THAT THE PERSON IS IN THE COMPANY OF  A  POTENTIALLY
 DANGEROUS  PERSON,  OR  THAT THERE ARE OTHER FACTORS INDICATING THAT THE
 PERSON MAY BE IN PERIL;
   (VI) THE INVESTIGATING LAW ENFORCEMENT AGENCY HAS  UTILIZED  AVAILABLE
 LOCAL RESOURCES; AND
   (VII)  THERE  IS  INFORMATION  AVAILABLE  THAT, IF DISSEMINATED TO THE
 PUBLIC, COULD ASSIST IN THE SAFE RECOVERY OF THE MISSING PERSON;
   (B) THE PROCEDURES TO BE USED BY AN INDIVIDUAL  OR  ENTITY  TO  REPORT
 INFORMATION  ABOUT  A MISSING BLACK YOUTH TO DESIGNATED MEDIA OUTLETS IN
 THE STATE;
   (C) GUIDELINES FOR RELEASING ONLY THE INFORMATION NECESSARY  IN  ORDER
 TO  PROTECT  THE PRIVACY OF A MISSING BLACK YOUTH FOR WHOM A EBONY ALERT
 HAS BEEN ISSUED, INCLUDING COMPLIANCE WITH THE HEALTH  INSURANCE  PORTA-
 BILITY AND ACCOUNTABILITY ACT OF 1996; AND
   (D) FORMS FOR USE BY LAW ENFORCEMENT AGENCIES IN REQUESTING ACTIVATION
 OF THE EBONY ALERT SYSTEM.
   3. (A) THE EBONY ALERT SYSTEM SHALL INCLUDE ALL STATE AGENCIES CAPABLE
 OF  PROVIDING URGENT AND TIMELY INFORMATION TO THE PUBLIC, TOGETHER WITH
 BROADCASTERS, PRIVATE COMMERCIAL ENTITIES AND  STATE  OR  LOCAL  GOVERN-
 MENTAL  ENTITIES  WHO  VOLUNTEER  TO PARTICIPATE IN THE DISSEMINATION OF
 URGENT PUBLIC INFORMATION.
   (B) SUCH ALERT SYSTEM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,  THE
 DIVISION,  THE  NEW  YORK  LOTTERY AND THE DEPARTMENT OF TRANSPORTATION,
 WHICH SHALL ESTABLISH A PLAN FOR PROVIDING  INFORMATION  TO  THE  PUBLIC
 THROUGH  AN  EXISTING SYSTEM OF DYNAMIC MESSAGE SIGNS LOCATED ACROSS THE
 STATE.
   4. (A) WHEN A LAW ENFORCEMENT AGENCY REQUESTS ACTIVATION OF THE  EBONY
 ALERT SYSTEM, THE DIVISION SHALL CONFIRM THE ACCURACY OF THE INFORMATION
 AND,  IF  CONFIRMED,  IMMEDIATELY  ISSUE  AN ALERT UNDER THIS SECTION IN
 ACCORDANCE WITH DIVISION RULES.
   (B) IN ISSUING THE ALERT, THE DIVISION SHALL SEND THE ALERT  TO  MEDIA
 OUTLETS  IN  THE  STATE,  IN  ACCORDANCE  WITH SUBDIVISION THREE OF THIS
 SECTION. FOLLOWING RECEIPT OF THE ALERT, PARTICIPATING MEDIA OUTLETS MAY
 ISSUE THE ALERT AT DESIGNATED INTERVALS TO ASSIST IN LOCATING THE  MISS-
 ING BLACK YOUTH.
   (C)  UPON  ACTIVATION  OF  THE  EBONY  ALERT  SYSTEM, THE DIVISION MAY
 REQUEST INTERSTATE ACTIVATION IN A NEIGHBORING STATE OR  CANADIAN  PROV-
 INCE  IF  WARRANTED.  IF AN ACTIVATION AREA IS ADJACENT TO A BORDER, THE
 UNITED STATES CUSTOMS AND BORDER PATROL AND CANADIAN CUSTOMS SHALL  ALSO
 RECEIVE NOTIFICATION.
   (D) 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 BLACK YOUTH; AND
   (II) A STATEMENT INSTRUCTING ANY PERSON WITH  INFORMATION  RELATED  TO
 THE  MISSING BLACK YOUTH TO CONTACT THE APPLICABLE LAW ENFORCEMENT AGEN-
 CY.
   (E) THE COMMISSIONER SHALL TERMINATE ANY ACTIVATION OF THE ALERT  WITH
 RESPECT  TO  A PARTICULAR MISSING BLACK YOUTH NOT LATER THAN THE EARLIER
 OF THE DATE ON WHICH:
   (I) THE MISSING BLACK YOUTH IS LOCATED, OR THE SITUATION IS  OTHERWISE
 RESOLVED; OR
 A. 8386                             3
 
   (II)  THE  NOTIFICATION  PERIOD  ENDS, AS DETERMINED BY THE DIVISION'S
 RULES.
   (F) A LAW ENFORCEMENT AGENCY THAT LOCATES A MISSING BLACK YOUTH WHO IS
 THE  SUBJECT OF AN ALERT UNDER THIS SECTION SHALL NOTIFY THE DIVISION AS
 SOON AS POSSIBLE THAT THE MISSING BLACK YOUTH HAS BEEN LOCATED.
   5. THE DEPARTMENT OF TRANSPORTATION IS NOT REQUIRED TO USE ANY  EXIST-
 ING  SYSTEM OF DYNAMIC MESSAGE SIGNS IN A STATEWIDE ALERT 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 THE
 STATE DUE TO NONCOMPLIANCE WITH FEDERAL LAWS, REGULATIONS, OR POLICIES.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.