S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8473
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced by M. of A. STERN, MANKTELOW -- read once and referred to the
   Committee on Veterans' Affairs
 
 AN ACT to amend the executive law, in relation to establishing a missing
   vulnerable veterans at risk program
 
   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
 the "missing vulnerable veterans at risk program act".
   §  2.  The executive law is amended by adding a new section 837-f-3 to
 read as follows:
   § 837-F-3. MISSING VULNERABLE VETERANS AT RISK PROGRAM.  1.  THERE  IS
 HEREBY  ESTABLISHED WITHIN THE DIVISION A MISSING VULNERABLE VETERANS AT
 RISK PROGRAM TO PROVIDE A COMPREHENSIVE AND COORDINATED APPROACH TO  THE
 PROBLEM OF MISSING VULNERABLE VETERANS AT RISK.
   2. FOR PURPOSES OF THIS SECTION:
   (A)"VULNERABLE  VETERAN  AT  RISK"  SHALL  MEAN AN INDIVIDUAL WHO IS A
 UNITED STATES VETERAN WHO HAS A COGNITIVE IMPAIRMENT, MENTAL DISABILITY,
 OR BRAIN DISORDER AND WHOSE DISAPPEARANCE HAS  BEEN  DETERMINED  BY  LAW
 ENFORCEMENT TO POSE A CREDITABLE THREAT OF HARM TO SUCH MISSING INDIVID-
 UAL AND HAS ELECTED TO PARTICIPATE IN THE MISSING VULNERABLE VETERANS AT
 RISK PROGRAM.
   (B)  "VETERAN"  SHALL  MEAN  A  PERSON  WHO  SERVED  ON ACTIVE DUTY IN
 UNIFORMED SERVICES OF THE UNITED STATES REGARDLESS OF DISCHARGE  STATUS;
 AND
   (C) "MISSING VULNERABLE VETERANS AT RISK ALERT" SHALL MEAN A METHOD TO
 DISSEMINATE  INFORMATION  REGARDING A MISSING VULNERABLE VETERAN AT RISK
 TO THE GENERAL PUBLIC IN A  MANNER  CONSISTENT  WITH  PARAGRAPH  (N)  OF
 SUBDIVISION THREE OF THIS SECTION.
   3. THE COMMISSIONER SHALL BE AUTHORIZED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13162-01-5
 A. 8473                             2
 
              

   (A)  PLAN  AND  IMPLEMENT PROGRAMS TO ENSURE THE MOST EFFECTIVE USE OF
 FEDERAL, STATE, AND LOCAL RESOURCES  IN  THE  INVESTIGATION  OF  MISSING
 VULNERABLE VETERANS AT RISK;
   (B) DISSEMINATE A DIRECTORY OF RESOURCES TO ASSIST IN LOCATING MISSING
 VULNERABLE VETERANS AT RISK;
   (C)  COOPERATE  WITH THE DEPARTMENT OF HEALTH, DEPARTMENT OF VETERANS'
 SERVICES, OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH  DEVELOPMENTAL
 DISABILITIES,  OFFICE FOR THE AGING, AND OTHER PUBLIC AND PRIVATE ORGAN-
 IZATIONS TO DEVELOP EDUCATION AND  PREVENTION  PROGRAMS  CONCERNING  THE
 SAFETY OF VULNERABLE VETERANS AT RISK;
   (D)  ASSIST FEDERAL, STATE, AND LOCAL AGENCIES IN THE INVESTIGATION OF
 CASES INVOLVING MISSING VULNERABLE VETERANS AT RISK;
   (E) UTILIZE AVAILABLE RESOURCES TO DUPLICATE PHOTOGRAPHS  AND  POSTERS
 OF VULNERABLE VETERANS AT RISK REPORTED AS MISSING BY POLICE AND DISSEM-
 INATE THIS INFORMATION THROUGHOUT THE STATE;
   (F)  PROVIDE  ASSISTANCE  IN  RETURNING MISSING VULNERABLE VETERANS AT
 RISK WHO ARE LOCATED OUT OF STATE;
   (G) DEVELOP A CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT PERSONNEL
 INVESTIGATING CASES  INVOLVING  MISSING  VULNERABLE  VETERANS  AT  RISK,
 INCLUDING RECOGNITION AND MANAGEMENT OF VULNERABLE VETERANS AT RISK;
   (H) OPERATE A TOLL-FREE TWENTY-FOUR-HOUR HOTLINE FOR THE PUBLIC TO USE
 TO RELAY INFORMATION CONCERNING MISSING VULNERABLE VETERANS AT RISK;
   (I)  ESTABLISH  A  CASE  DATABASE  THAT  SHALL INCLUDE NON-IDENTIFYING
 INFORMATION ON REPORTED MISSING VULNERABLE VETERANS AT  RISK  AND  FACTS
 DEVELOPED  IN  THE  PHASES  OF  A  SEARCH; AND ANALYZE SUCH DATA FOR THE
 PURPOSES OF ASSISTING LAW ENFORCEMENT IN THEIR CURRENT INVESTIGATIONS OF
 MISSING VULNERABLE VETERANS AT RISK, DEVELOPING PREVENTION PROGRAMS  AND
 INCREASING UNDERSTANDING OF THE NATURE AND EXTENT OF THE PROBLEM;
   (J) PRESCRIBE GENERAL GUIDELINES TO ENABLE STATE AGENCIES TO ASSIST IN
 THE  LOCATION  AND  RECOVERY OF MISSING VULNERABLE VETERANS AT RISK. THE
 GUIDELINES SHALL PROVIDE INFORMATION RELATING TO:
   (I) THE FORM AND MANNER IN WHICH MATERIALS AND INFORMATION  PERTAINING
 TO  MISSING  VULNERABLE VETERANS AT RISK, INCLUDING, BUT NOT LIMITED TO,
 BIOGRAPHICAL DATA AND PICTURES, SKETCHES, OR OTHER  LIKENESSES,  MAY  BE
 INCLUDED  IN  STATIONARY,  NEWSLETTERS,  AND OTHER WRITTEN OR ELECTRONIC
 PRINTINGS, PROVIDED SUCH GUIDELINES ARE CONSISTENT WITH PARAGRAPH (N) OF
 THIS SUBDIVISION;
   (II) APPROPRIATE SOURCES FROM WHICH SUCH MATERIALS AND INFORMATION MAY
 BE OBTAINED;
   (III) THE PROCEDURES BY WHICH SUCH MATERIALS AND  INFORMATION  MAY  BE
 OBTAINED; AND
   (IV) ANY OTHER MATTER THE PROGRAM MAY DEEM IMPORTANT;
   (K)  MAINTAIN  AND  MAKE  AVAILABLE TO APPROPRIATE STATE AND LOCAL LAW
 ENFORCEMENT AGENCIES INFORMATION CONCERNING TECHNOLOGICAL ADVANCES  THAT
 MAY  ASSIST  IN FACILITATING THE RECOVERY OF MISSING VULNERABLE VETERANS
 AT RISK;
   (L) TAKE SUCH  OTHER  STEPS  AS  NECESSARY  TO  ASSIST  IN  EDUCATION,
 PREVENTION,  SERVICE  PROVISION,  AND  INVESTIGATION  OF CASES INVOLVING
 MISSING VULNERABLE VETERANS AT RISK;
   (M) THE DIVISION, IN CONSULTATION WITH  THE  DEPARTMENT  OF  VETERANS'
 SERVICES, SHALL ESTABLISH AN OPT-IN PROCEDURE FOR VULNERABLE VETERANS AT
 RISK WHO WISH TO BE INVOLVED IN THE MISSING VULNERABLE  VETERANS AT RISK
 PROGRAM;
   (N)  (I) IN CONSULTATION WITH THE DIVISION OF STATE POLICE, DEPARTMENT
 OF VETERANS' SERVICES AND OTHER APPROPRIATE AGENCIES, DEVELOP, REGULARLY
 UPDATE, AND DISTRIBUTE MODEL MISSING VULNERABLE VETERANS AT RISK  PROMPT
 A. 8473                             3
 
 RESPONSE  AND  NOTIFICATION PLANS. SUCH PLANS SHALL BE AVAILABLE FOR USE
 BY LOCAL COMMUNITIES AND LAW ENFORCEMENT PERSONNEL, AND SHALL INVOLVE  A
 PROACTIVE,  COORDINATED  RESPONSE  THAT MAY BE PROMPTLY TRIGGERED BY LAW
 ENFORCEMENT PERSONNEL UPON CONFIRMATION BY A POLICE OFFICER, PEACE OFFI-
 CER,  OR  POLICE  AGENCY  OF A REPORT OF A MISSING VULNERABLE VETERAN AT
 RISK, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   (II) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT: (A) THE NAME OF THE
 MISSING VULNERABLE VETERAN AT RISK, A DESCRIPTION OF THE  MISSING  INDI-
 VIDUAL,  AND OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER
 THE POLICE COMMUNICATION SYSTEM PURSUANT TO SUBDIVISION THREE OF SECTION
 TWO HUNDRED TWENTY-ONE OF THIS CHAPTER;
   (B) SUCH INFORMATION MAY BE IMMEDIATELY PROVIDED,  BOTH:  (1)  ORALLY,
 ELECTRONICALLY,  OR  BY  FACSIMILE  TRANSMISSION  TO  ONE  OR MORE RADIO
 STATIONS AND OTHER BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY INCLUD-
 ING, BUT NOT LIMITED TO, THOSE WHO HAVE VOLUNTARILY AGREED IN ADVANCE TO
 PROMPTLY NOTIFY OTHER SUCH RADIO STATIONS AND BROADCAST MEDIA OUTLETS IN
 LIKE MANNER; AND (2) BY ELECTRONIC MAIL MESSAGE TO ONE OR MORE  INTERNET
 SERVICE  PROVIDERS  AND  COMMERCIAL MOBILE SERVICE PROVIDERS SERVING THE
 COMMUNITY INCLUDING, BUT NOT LIMITED TO, THOSE  WHICH  HAVE  VOLUNTARILY
 AGREED IN ADVANCE TO PROMPTLY NOTIFY OTHER SUCH INTERNET SERVICE PROVID-
 ERS IN LIKE MANNER;
   (C)  PARTICIPATING  RADIO  STATIONS  AND OTHER PARTICIPATING BROADCAST
 MEDIA OUTLETS SERVING THE COMMUNITY MAY VOLUNTARILY  AGREE  TO  PROMPTLY
 BROADCAST A MISSING VULNERABLE VETERAN AT RISK ALERT PROVIDING PERTINENT
 DETAILS  CONCERNING  THE  MISSING  VULNERABLE  VETERAN'S  DISAPPEARANCE,
 BREAKING INTO REGULAR PROGRAMMING WHERE APPROPRIATE;
   (D) PARTICIPATING INTERNET SERVICE  PROVIDERS  AND  COMMERCIAL  MOBILE
 SERVICE PROVIDERS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPT-
 LY  PROVIDE  BY  ELECTRONIC MAIL MESSAGE A MISSING VULNERABLE VETERAN AT
 RISK ALERT PROVIDING PERTINENT DETAILS CONCERNING THE MISSING VULNERABLE
 VETERAN'S DISAPPEARANCE;
   (E) POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE  COMMUNICATION
 SYSTEM  IN USE IN SUCH JURISDICTION MAY TRANSMIT SUCH INFORMATION TO THE
 NEAREST OR MOST CONVENIENT ELECTRONIC ENTRY POINT, FROM WHICH  POINT  IT
 MAY  BE  PROMPTLY  DISPATCHED  IN  CONFORMITY WITH THE ORDERS, RULES, OR
 REGULATIONS GOVERNING THE SYSTEM; AND
   (F) A STATEWIDE RESPONSE MAY BE INITIATED  AS  SOON  AS  THE  DIVISION
 DEEMS  IT  IS  NECESSARY TO FIND THE MISSING VULNERABLE VETERAN AT RISK.
 SUCH A PLAN MAY NOT REQUIRE THE ISSUANCE OF AN ALERT IF THE  INVESTIGAT-
 ING  POLICE  DEPARTMENT,  IN ITS DISCRETION, ADVISES THAT THE RELEASE OF
 SUCH INFORMATION MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY  OF  THE
 MISSING  VULNERABLE  VETERAN AT RISK OR THE INVESTIGATING POLICE DEPART-
 MENT REQUESTS FORBEARANCE FOR ANY REASON.
   (III) THE COMMISSIONER SHALL ALSO DESIGNATE A UNIT WITHIN THE DIVISION
 THAT SHALL ASSIST LAW ENFORCEMENT AGENCIES AND REPRESENTATIVES OF  RADIO
 STATIONS,  BROADCAST  MEDIA  OUTLETS,  INTERNET  SERVICE  PROVIDERS, AND
 COMMERCIAL MOBILE SERVICE PROVIDERS IN THE DESIGN,  IMPLEMENTATION,  AND
 IMPROVEMENT OF MISSING VULNERABLE VETERAN AT RISK RESPONSE AND NOTIFICA-
 TION  PLANS.  SUCH  UNIT  SHALL  MAKE  ONGOING OUTREACH EFFORTS TO LOCAL
 GOVERNMENT ENTITIES AND LOCAL LAW ENFORCEMENT AGENCIES  TO  ASSIST  SUCH
 ENTITIES  AND AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS
 WITH THE GOAL OF IMPLEMENTING AND OPERATING SUCH PLANS IN  EVERY  JURIS-
 DICTION IN NEW YORK STATE.
   (O)  DISSEMINATE  SPECIFIC MEDICAL INFORMATION ABOUT A MISSING VULNER-
 ABLE VETERAN AT RISK TO THE EXTENT THAT SUCH MEDICAL  INFORMATION  INDI-
 CATES  A  PHYSICAL  QUALITY OR BEHAVIORAL TRAIT THAT IS READILY APPARENT
 A. 8473                             4
 
 AND CONTRIBUTES TO A PHYSICAL OR BEHAVIORAL DESCRIPTION OF  THE  MISSING
 VULNERABLE  VETERAN  AT  RISK,  PROVIDED THAT MORE EXTENSIVE INFORMATION
 RELATING TO THE MISSING VULNERABLE VETERAN'S AT RISK  MEDICAL  DIAGNOSIS
 AND CONDITION MAY BE PROVIDED TO LAW ENFORCEMENT PERSONNEL AS NEEDED.
   4.  THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
 LEGISLATURE REGARDING THE ACTIVITIES OF THE MISSING VULNERABLE  VETERANS
 AT  RISK  PROGRAM,  INCLUDING STATISTICAL INFORMATION INVOLVING REPORTED
 CASES OF MISSING VULNERABLE VETERANS AT RISK, THE NUMBER OF VETERANS  AT
 RISK  WHO  HAVE OPTED TO PARTICIPATE IN THE MISSING VULNERABLE  VETERANS
 AT RISK PROGRAM AND A SUMMARY OF THE DIVISION'S EFFORTS WITH RESPECT  TO
 THE ACTIVITIES AUTHORIZED UNDER SUBDIVISION THREE OF THIS SECTION.
   §  3.  Subdivisions  7, 10 and 11 of section 838 of the executive law,
 subdivision 7 as amended and subdivisions 10 and 11 as added by  chapter
 222 of the laws of 2011, are amended to read as follows:
   7.  (a)  When a person previously reported missing has been found, the
 superintendent of state police, sheriff, chief  of  police,  coroner  or
 medical  examiner,  or  other  law enforcement authority shall erase all
 records with respect to such person and/or destroy any  documents  which
 are maintained pursuant to this section and shall report to the division
 that  the  person has been found and that the records and documents have
 been so erased or destroyed. After receiving such a report, the division
 shall erase all records with respect to such person and/or  destroy  any
 documents which are maintained pursuant to this section.
   (b) Nothing in paragraph (a) of this subdivision shall be construed as
 prohibiting  law enforcement agencies from maintaining case files relat-
 ing to vulnerable adults, as defined in section  eight  hundred  thirty-
 seven-f-one,  OR  VULNERABLE  VETERAN  AT RISK PURSUANT TO SECTION EIGHT
 HUNDRED THIRTY-SEVEN-F-THREE OF THIS ARTICLE who were reported  missing,
 provided,  however,  that  any  DNA,  fingerprints and/or dental records
 acquired in the course of such  investigation  shall  be  erased  and/or
 destroyed in accordance with paragraph (a) of this subdivision after the
 person previously reported missing has been found.
   (c) (i) Notwithstanding the provisions of paragraph (a) of this subdi-
 vision, if a vulnerable adult, as defined in section eight hundred thir-
 ty-seven-f-one  OR  VULNERABLE VETERAN AT RISK PURSUANT TO SECTION EIGHT
 HUNDRED THIRTY-SEVEN-F-THREE of this article, previously reported  miss-
 ing  has  been found, the division shall maintain a sealed record of the
 case file for a period of ten years, after  which  it  shall  be  erased
 and/or destroyed.  The sealed record shall be unsealed if the individual
 to whom the record pertains is reported missing on a subsequent occasion
 or  if  needed  for evidentiary purposes in any civil litigation against
 the division or its personnel that arises from the investigation. Howev-
 er, in the event that there are grounds for a  criminal  action  arising
 from the investigation, nothing in this subdivision shall be interpreted
 as  prohibiting  the  division  from  allowing  such  records  to remain
 unsealed until such criminal action is concluded or otherwise resolved.
   (ii) The division shall establish rules and  regulations  relating  to
 the unsealing of records. Such rules and regulations shall require that,
 pursuant to subparagraph (i) of this paragraph, the process of unsealing
 such records shall take no longer than two hours from the time the divi-
 sion  receives a report that a vulnerable adult OR VULNERABLE VETERAN AT
 RISK, for whom there is a previous record, is missing.
   10. Notwithstanding any other provision of law,  no  criminal  justice
 agency  shall  establish or maintain any policy that requires the obser-
 vance of a waiting period before accepting and investigating a report of
 a missing vulnerable adult as defined in section eight  hundred  thirty-
 A. 8473                             5
 
 seven-f-one  OR  VULNERABLE  VETERAN AT RISK AS DEFINED IN SECTION EIGHT
 HUNDRED THIRTY-SEVEN-F-THREE of this article.  Upon receipt of a  report
 of such missing vulnerable adult OR VULNERABLE VETERAN AT RISK, criminal
 justice  agencies  shall  make  entries  of  such  report  in the manner
 provided by subdivision eleven of this section.
   11. Whenever a criminal justice agency determines that a person  is  a
 missing  vulnerable  adult,  as defined in section eight hundred thirty-
 seven-f-one of this article, or that an unidentified living  person  may
 be  a  missing vulnerable adult OR VULNERABLE VETERAN AT RISK AS DEFINED
 IN SECTION EIGHT HUNDRED  THIRTY-SEVEN-F-THREE  OF  THIS  ARTICLE,  such
 criminal  justice  agency shall enter the report of such missing vulner-
 able adult OR VULNERABLE VETERAN AT RISK  in  any  database  of  missing
 persons maintained by the division and the federal government.
   § 4. The provisions of this act shall not be construed to limit in any
 way the authority of a municipality to enact, implement, and continue to
 enforce local laws and regulations relating to an alert system to locate
 missing  individuals  that were in effect prior to the effective date of
 this act, or to enact, implement, and  enforce  any  amendments  thereto
 after the effective date of this act.
   § 5. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, 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.