Bill Text: NY A08286 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the transmission of reports of missing persons to the National Missing and Unidentified Persons System when such person has been missing for thirty days.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2017-11-29 - approval memo.22 [A08286 Detail]

Download: New_York-2017-A08286-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8286
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 6, 2017
                                       ___________
        Introduced  by  M. of A. OTIS -- read once and referred to the Committee
          on Governmental Operations
        AN ACT to amend the executive law, in relation to  the  transmission  of
          reports  of  missing  persons to the National Missing and Unidentified
          Persons System
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 837-e of the executive law is amended by adding a
     2  new subdivision 1-b to read as follows:
     3    1-b. In the event that a child reported  as  missing  remains  missing
     4  thirty  days  after entry of a report of a missing child into the regis-
     5  ter, the commissioner shall transmit the report of the missing child  to
     6  the  National  Missing  and  Unidentified  Persons System created by the
     7  United States Office of Justice Program's National Institute of Justice;
     8  provided,  however,  that  nothing  within  this  subdivision  shall  be
     9  construed  to  prohibit  transmitting a report of a missing child to the
    10  National Missing and Unidentified Persons System sooner than thirty days
    11  after such child is reported as missing.
    12    § 2. Paragraphs (e) and (f) of subdivision 4 of section 837-e  of  the
    13  executive  law,  as  amended  by  chapter  652  of the laws of 1987, are
    14  amended to read as follows:
    15    (e) insuring the proper disposition of  all  obsolete  register  data,
    16  provided  however that such data for a person who has reached the age of
    17  eighteen and remains missing shall be preserved; [and]
    18    (f) linking the register with the national  crime  information  center
    19  register.; and
    20    (g)  establishing  procedures  for  transmitting a report of a missing
    21  child to the National Missing and Unidentified Persons System created by
    22  the United States Office of  Justice  Program's  National  Institute  of
    23  Justice pursuant to subdivision one-b of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11876-01-7

        A. 8286                             2
     1    §  3. Section 837-f-2 of the executive law, as added by chapter 316 of
     2  the laws of 2016, is amended to read as follows:
     3    §  837-f-2.  Missing  adults.  1.  In  the  event that a police agency
     4  receives a report that an adult person is missing from his or her normal
     5  and ordinary place of residence and whose whereabouts cannot  be  deter-
     6  mined  by  an individual whose relationship with such adult person would
     7  place such individual in a position to have  knowledge  of  his  or  her
     8  whereabouts, and that such missing adult person has a proven disability,
     9  or  may be in physical danger, or is missing after a catastrophe, or may
    10  have disappeared involuntarily, or is missing under circumstances  where
    11  there  is  a  reasonable concern for his or her safety; and such missing
    12  adult person does not qualify as either  a  missing  child  pursuant  to
    13  section  eight  hundred  thirty-seven-e  of this article or a vulnerable
    14  adult pursuant to section eight hundred thirty-seven-f-1 of  this  arti-
    15  cle,  the  police  agency shall collect information necessary to file an
    16  electronic report regarding the missing adult person with  the  national
    17  crime  information  center register and submit such electronic report to
    18  the national crime information center register.
    19    2. In the event that a police agency receives a report that  an  adult
    20  person is missing from his or her normal and ordinary place of residence
    21  and  whose  whereabouts  cannot  be  determined  by  an individual whose
    22  relationship with such adult person would place  such  individual  in  a
    23  position  to  have  knowledge  of  his or her whereabouts, and that such
    24  missing adult person has a proven disability,  or  may  be  in  physical
    25  danger,  or  is  missing  after  a  catastrophe, or may have disappeared
    26  involuntarily, or is  missing  under  circumstances  where  there  is  a
    27  reasonable  concern for his or her safety; and such missing adult person
    28  does not qualify as either a missing child  pursuant  to  section  eight
    29  hundred thirty-seven-e of this article or a vulnerable adult pursuant to
    30  section eight hundred thirty-seven-f-1 of this article; and such missing
    31  adult  person  remains  missing  thirty  days  after  the  police agency
    32  received the report that an adult person is missing, the  police  agency
    33  shall transmit a report to the National Missing and Unidentified Persons
    34  System created by the United States Office of Justice Program's National
    35  Institute  of  Justice;  provided,  however,  that  nothing  within this
    36  section shall be construed to prohibit transmitting a report of a  miss-
    37  ing adult person to the National Missing and Unidentified Persons System
    38  sooner than thirty days after such adult person is reported as missing.
    39    § 4. This act shall take effect immediately.
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