Senate Bill S10150

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10150
 
                             I N  S E N A T E
 
                              April 30, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 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:
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13162-01-5
 S. 10150                            2
 
   (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
 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-
 S. 10150                            3
 
 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
 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.
 S. 10150                            4
 
   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-
 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
 S. 10150                            5
 
 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.