NY State Senate Bill 2025-S4791A

Senate Bill S4791A

2025-2026 Legislative Session

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations and provides support for relatives of such missing persons

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2025	print number 4791a
Jun 09, 2025	amend and recommit to crime victims, crime and correction
Feb 12, 2025	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S4791 - Details

See Assembly Version of this Bill:: A6812
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§641 & 642, add §837-f-3, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7591, A8412
2023-2024: S4156, A5570

2025-S4791 - Summary

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.

2025-S4791 - Sponsor Memo

                                 
BILL NUMBER: S4791

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agencies
in missing persons investigations and to provide support for relatives
of such missing persons

 
PURPOSE:

This bill will ensure collaboration across missings Persons & Domestic
Violence departments in law enforcement agencies throughout New York
State and ensure families of missing persons are provided with adequate
resources

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. This act shall be known and may be cited as "Destini Smoth-
ers' law".

Section 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-
gation. The division shall on or before January first two thousand twen-
ty-three 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 the department deems appropriate, develop,
adopt, implement and thereafter regularly update a uniform plan for
collaboration between police agencies in missing persons investigations.
Such a plan shall involve a proactive 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.

(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 nine-
teen and sixty-four are not missing;

(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 ther-
eto to every local and state agency, and shall immediately request and
obtain any such records in the possession of another local or state
agency.

 
JUSTIFICATION:

Destini Smothers went missing on November 3rd, 2020. She was last seen
late that night leaving Bowlero bowling alley in Woodside, where she
attended a birthday party with her intimate partner. Smothers had gotten
into a "heated argument" with her intimate partner, who is the father of

her kids, according to a missing persons report. Those close to Destini,
had reported she was a victim of domestic violence for many years.

On March 10th, 2021, Destini Smothers' body was found in the back of her
car near 134th Ave. in Springfield Gardens, Queens. Before going miss-
ing, Destini and her boyfriend lived in Troy, NY. This necessitated
communication between the NYPD and the Troy Police Department. Between
the time Destini went missing and when she was found, her family
consistently reported major issues in communication between law enforce-
ment agencies in Troy, New York, and the NYPD, as well as a lack of
urgency and willingness to engage her family. It was not until Day 9 of
Smothers going missing, that the case was taken by law enforcement.

 
LEGISLATIVE HISTORY:

2022 REFERRED TO SENATE CRIME VICTIMS, CRIME AND CORRECTION

2021 REFERRED TO SENATE RULES

2021-22 referred to assembly governmental operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

2025-S4791 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4791
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 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
 
 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 SUCH PERSON'S SAFETY OR WHOSE DISAP-
 PEARANCE HAS BEEN DETERMINED BY LAW ENFORCEMENT TO  HAVE  BEEN  INVOLUN-
 TARY.
   (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.
                                                            LBD08157-01-5

 S. 4791                             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-SEVEN, 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. 4791                             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 SUCH
 PERSON'S 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, 2027. 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.

co-Sponsors

2025-S4791A (ACTIVE) - Details

See Assembly Version of this Bill:: A6812
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§641 & 642, add §837-f-3, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7591, A8412
2023-2024: S4156, A5570

2025-S4791A (ACTIVE) - Summary

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.

2025-S4791A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4791A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agencies
in missing persons investigations and to provide support for relatives
of such missing persons

 
PURPOSE:

This bill will ensure collaboration across Missing Person & Domestic
Violence departments in law enforcement agencies throughout New York
State and ensure families of missing persons are provided with adequate
resources

 
SUMMARY OF SPECIFIC PROVISIONS:.

Section 1. This act shall be known and may be cited as "Destini Smoth-
ers' law".

Section 2. The executive law is amended by adding a new section 837-f-3
to clarify that state funds for victim assistance may also be used for
support services to the relatives of missing persons, including refer-
rals, coordination with law enforcement, and access to crime victim
services.

Section 3 amends executive law § 642(5) to direct the Office of Victim
Services to ensure its education and training materials include how to
serve relatives of missing persons, and to coordinate with police to
help such families access resources.

Section 4 adds a new § 837-f-3 to the Executive Law requiring the Divi-
sion of Criminal Justice Services (DCJS), in consultation with the
Office of Victim Services and State Police, to create a statewide
inter-agency collaboration plan for responding to missing persons cases.
Key provisions include:

-Ensuring prompt and comprehensive information-sharing among police,
prosecutors, and victim service agencies.

-Directing law enforcement not to assume adults aged 19-64 are voluntar-
ily missing without investigation.

-Mandating checks for prior domestic violence history and coordination
across jurisdictions.

-Requiring law enforcement to maintain regular communication with family
members throughout the investigation.

- Presuming individuals with a history are reported missing are at
heightened of domestic violence victimization who risk and in danger.

- Providing law enforcement discretion to withhold dispatches to the
public if doing so would jeopardize safety or the investigation.

Section 5 establishes the effective date.

 
JUSTIFICATION:

Destini Smothers went missing on November 3rd, 2020. She was last seen
late that night leaving Bowlero bowling alley in Woodside, where she
attended a birthday party with her intimate partner. Smothers had gotten
into a "heated argument" with her intimate partner, who is the father of
her kids, according to a missing persons report. Those close to Destini,
had reported she was a victim of domestic violence for many years.

On March 10th, 2021, Destini Smothers' body was found in the back of her
car near 134th Ave. in Springfield Gardens, Queens. Before going miss-
ing, Destini and her boyfriend lived in Troy, NY. This necessitated
communication between the NYPD and the Troy Police Department. Between
the time Destini went missing and when she was found, her family
consistently reported major issues in communication between law enforce-
ment agencies in Troy, New York, and the NYPD., as well as a lack of
urgency and willingness to engage her family. It was not until Day 9 of
Smothers going missing, that the case was taken by law enforcement.

 
LEGISLATIVE HISTORY:

A05570 OF 2024 A08412-A OF 2022

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect January 1, 2027. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

2025-S4791A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4791--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 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. 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;
   § 3. 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08157-03-5

 S. 4791--A                          2
 
   § 4. 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 COMMISSIONER SHALL, ON  OR  BEFORE  JANUARY  FIRST,  TWO
 THOUSAND TWENTY-SEVEN, IN CONSULTATION WITH THE DIVISION OF STATE POLICE
 AND  SUCH OTHER QUALIFIED AGENCIES AND COMMUNITY-BASED ORGANIZATIONS THE
 COMMISSIONER DEEMS APPROPRIATE, DEVELOP AND FREQUENTLY UPDATE A  UNIFORM
 PLAN FOR COLLABORATION BETWEEN POLICE AGENCIES IN MISSING PERSONS INVES-
 TIGATIONS.  SUCH  PLAN SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE,
 PLANNED IN ADVANCE, THAT IS TRIGGERED PROMPTLY 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  PROMPTLY  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;
   (C) THE POLICE 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 POLICE AGENCY SHALL IMME-
 DIATELY  TRANSMIT  SUCH  INFORMATION  ALONG  WITH  ANY  RECORDS  IN  ITS
 POSSESSION  RELATING THERETO TO EVERY LOCAL AND STATE POLICE AGENCY, AND
 SHALL IMMEDIATELY REQUEST AND OBTAIN ANY SUCH RECORDS IN THE  POSSESSION
 OF ANOTHER LOCAL OR STATE AGENCY; AND
   (D) 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  POLICE 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  PROSE-
 CUTION  WAS  COMMENCED, THERE SHALL BE A PRESUMPTION THAT SUCH PERSON IS
 MISSING UNDER CIRCUMSTANCES WHERE THERE IS A REASONABLE CONCERN FOR SUCH
 PERSON'S 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.
 S. 4791--A                          3
 
   § 5. This act shall take effect January 1, 2027. 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.

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Senate Bill S4791A

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Sponsored By

James Sanders Jr.

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

Robert Jackson

2025-S4791 - Details

2025-S4791 - Summary

2025-S4791 - Sponsor Memo

2025-S4791 - Bill Text download pdf

co-Sponsors

Robert Jackson

2025-S4791A (ACTIVE) - Details

2025-S4791A (ACTIVE) - Summary

2025-S4791A (ACTIVE) - Sponsor Memo

2025-S4791A (ACTIVE) - Bill Text download pdf

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