Bill Text: NY A03230 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a coordinated law enforcement adult rescue "teal alert" for missing adults; provides that local law enforcement agencies notify the division of criminal justice services about missing adults; provides that such division shall issue an alert about such missing adult.
Spectrum: Partisan Bill (Republican 28-1)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A03230 Detail]
Download: New_York-2023-A03230-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3230 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. FLOOD -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to enacting "Gabby's law" establishing a coordinated law enforcement adult rescue "teal alert" for missing adults The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Gabby's law" establishing a "teal alert". 3 § 2. The executive law is amended by adding a new section 837-f-3 to 4 read as follows: 5 § 837-f-3. Coordinated law enforcement adult rescue alert for missing 6 adults. 1. Definitions. As used in this section: 7 (a) "Adult" means a person who is eighteen years of age or older but 8 younger than sixty-five years of age. 9 (b) "Alert" means the statewide coordinated law enforcement adult 10 rescue alert for missing adults that is developed and implemented under 11 this section. 12 (c) "Bodily injury" means physical pain, illness, or any impairment of 13 physical condition. 14 (d) "Local law enforcement agency" means a local law enforcement agen- 15 cy with jurisdiction over the investigation of a missing adult. 16 2. With the cooperation of the department of transportation, the 17 office of the governor, and other appropriate law enforcement agencies 18 in this state, the division shall develop and implement a system to 19 allow a statewide alert to be activated on behalf of a missing adult. 20 3. (a) The commissioner shall be the statewide coordinator of the 21 alert system. 22 (b) The commissioner shall adopt rules and issue directives as neces- 23 sary to ensure proper implementation of the alert system. The rules and 24 directives shall include: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06753-01-3A. 3230 2 1 (i) the procedures to be used by a local law enforcement agency to 2 verify whether an adult is missing and whether circumstances indicate 3 that: 4 (A) the missing adult is in imminent danger of bodily injury or death; 5 or 6 (B) the disappearance of the missing adult may not have been volun- 7 tary, including cases of abduction or kidnapping; and 8 (C) the missing adult's disappearance poses a credible threat to the 9 safety and health of the individual or another identifiable person and 10 under such circumstances also deemed appropriate by law enforcement; 11 (ii) a description of the circumstances under which a local law 12 enforcement agency is required to report a missing adult to the divi- 13 sion; and 14 (iii) the procedures to be used by an individual or entity to report 15 information about a missing adult to designated media outlets in this 16 state. 17 (c) The commissioner shall prescribe forms for use by local law 18 enforcement agencies in requesting activation of the alert system. 19 4. The division shall recruit public and commercial television and 20 radio broadcasters, private commercial entities, state or local govern- 21 mental entities, the public, and other appropriate persons to assist in 22 developing and implementing the alert system. 23 5. (a) A state agency participating in the alert system shall: 24 (i) cooperate with the division and assist in developing and imple- 25 menting the alert system; and 26 (ii) establish a plan for providing relevant information to its offi- 27 cers, investigators, or employees, as appropriate, once the alert system 28 has been activated. 29 (b) In addition to its duties as a state agency under paragraph (a) of 30 this subdivision, the department of transportation shall establish a 31 plan for providing relevant information to the public through an exist- 32 ing system of dynamic message signs located across the state. 33 6. (a) A local law enforcement agency shall notify the division if the 34 agency: 35 (i) receives a report regarding a missing adult; 36 (ii) verifies that at the time the adult is reported missing: 37 (A) the person reported missing is eighteen years of age or older but 38 younger than sixty-five years of age; 39 (B) the adult's location is unknown; and 40 (C) the adult has been missing for less than seventy-two hours; 41 (iii) confirms that a preliminary investigation has taken place with 42 respect to the disappearance and that, as a result of that investi- 43 gation, the agency believes that the adult is missing under circum- 44 stances described by subparagraph (i) of paragraph (b) of subdivision 45 three of this section; and 46 (iv) believes sufficient information is available to disseminate to 47 the public that could assist in locating the adult, a person suspected 48 of abducting or kidnapping the adult, or a vehicle suspected of being 49 used by the adult or in any abduction or kidnapping of the adult. 50 (b) The division may modify the criteria described by paragraph (a) of 51 this subdivision as necessary for the proper implementation of the alert 52 system. 53 7. (a) When a local law enforcement agency notifies the division 54 pursuant to subdivision six of this section, the division shall confirm 55 the accuracy of the information and, if confirmed, immediately issue anA. 3230 3 1 alert under this section in accordance with the division's rules and 2 directives under subdivision three of this section. 3 (b) The division may issue the alert on its own initiative, without 4 receiving the notification described by paragraph (a) of this subdivi- 5 sion, if the issuance conforms to the division's rules and directives 6 and if the criteria described by paragraph (a) of subdivision six of 7 this section are satisfied. 8 (c) In issuing the alert, the division shall send the alert to desig- 9 nated media outlets in this state. Following receipt of the alert, 10 participating radio stations and television stations and other partic- 11 ipating media outlets may issue the alert at designated intervals to 12 assist in locating the missing adult. 13 (d) The division shall also send the alert to: 14 (i) any appropriate law enforcement agency; 15 (ii) the department of transportation; 16 (iii) the New York lottery; and 17 (iv) the independent bankers association of New York state. 18 8. The alert shall include: 19 (a) all appropriate information that may lead to the safe recovery of 20 the missing adult, as determined by the division; and 21 (b) a statement instructing any person with information related to the 22 missing adult to contact a local or state law enforcement agency. 23 9. (a) The commissioner shall terminate any activation of the alert 24 with respect to a particular missing adult not later than the earlier of 25 the date on which: 26 (i) the missing adult is located or the situation is otherwise 27 resolved; or 28 (ii) the notification period ends, as determined by division rule. 29 (b) A local law enforcement agency that locates a missing adult who is 30 the subject of an alert under this section shall notify the division as 31 soon as possible that the missing adult has been located. 32 10. (a) Notwithstanding paragraph (b) of subdivision five of this 33 section, the department of transportation is not required to use any 34 existing system of dynamic message signs in a statewide alert system 35 created under this section if such department receives notice from the 36 United States department of transportation federal highway adminis- 37 tration that the use of such signs would result in the loss of federal 38 highway funding or other punitive actions taken against this state due 39 to noncompliance with federal laws, regulations, or policies. 40 (b) Not later than one year after the effective date of this section, 41 the division shall submit to the governor, the temporary president of 42 the senate, and the speaker of the assembly a report containing the 43 results of the study conducted pursuant to paragraph (a) of this subdi- 44 vision, including any recommendations for proposed legislation. 45 § 3. This act shall take effect immediately.
