Bill Text: NY S03876 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes an "Amber Alert" system for missing developmentally disabled persons.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-01-13 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03876 Detail]

Download: New_York-2013-S03876-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3876
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2013
                                      ___________
       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to establishing a  prompt
         response  and  notification  program for missing persons with develop-
         mental disabilities, Alzheimer's disease or other dementia
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 837 of the executive law is amended by adding a new
    2  subdivision 20 to read as follows:
    3     20. (A) IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
    4  DISABILITIES,  OFFICE  OF  MENTAL  HEALTH,  DIVISION OF STATE POLICE AND
    5  OTHER APPROPRIATE AGENCIES, DEVELOP, REGULARLY  UPDATE  AND  DISTRIBUTE,
    6  MODEL  MISSING  PERSONS  WITH  DEVELOPMENTAL  DISABILITIES,  ALZHEIMER'S
    7  DISEASE OR OTHER DEMENTIA PROMPT RESPONSE AND NOTIFICATION PLANS,  WHICH
    8  SHALL  BE  AVAILABLE  FOR  USE,  IN THEIR DISCRETION, AS APPROPRIATE, BY
    9  LOCAL COMMUNITIES  AND  LAW  ENFORCEMENT  PERSONNEL.  SUCH  PLANS  SHALL
   10  INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE, PLANNED IN ADVANCE, THAT MAY
   11  BE  PROMPTLY TRIGGERED BY LAW ENFORCEMENT PERSONNEL UPON CONFIRMATION BY
   12  A POLICE OFFICER, PEACE OFFICER OR POLICE AGENCY OF A REPORT OF  SUCH  A
   13  MISSING PERSON.
   14    (B) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT:
   15    (I)  THE  NAME OF SUCH MISSING PERSON, A DESCRIPTION OF THE PERSON AND
   16  OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER  THE  POLICE
   17  COMMUNICATION SYSTEM;
   18    (II)  SUCH  INFORMATION  MAY BE IMMEDIATELY PROVIDED ORALLY, ELECTRON-
   19  ICALLY OR BY FACSIMILE TRANSMISSION TO ONE OR MORE  RADIO  STATIONS  AND
   20  OTHER  BROADCAST  MEDIA OUTLETS SERVING THE COMMUNITY INCLUDING, BUT NOT
   21  LIMITED TO, THOSE WHICH HAVE VOLUNTARILY AGREED, IN ADVANCE, TO PROMPTLY
   22  NOTIFY OTHER SUCH RADIO STATIONS AND OTHER BROADCAST  MEDIA  OUTLETS  IN
   23  LIKE MANNER;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07285-02-3
       S. 3876                             2
    1    (III)  SUCH INFORMATION MAY BE IMMEDIATELY PROVIDED BY ELECTRONIC MAIL
    2  MESSAGE TO ONE OR MORE INTERNET SERVICE PROVIDERS AND COMMERCIAL  MOBILE
    3  SERVICE  PROVIDERS  SERVING THE COMMUNITY INCLUDING, BUT NOT LIMITED TO,
    4  THOSE WHICH HAVE VOLUNTARILY AGREED,  IN  ADVANCE,  TO  PROMPTLY  NOTIFY
    5  OTHER SUCH INTERNET SERVICE PROVIDERS IN LIKE MANNER;
    6    (IV)  PARTICIPATING  RADIO  STATIONS AND OTHER PARTICIPATING BROADCAST
    7  MEDIA OUTLETS SERVING THE COMMUNITY MAY VOLUNTARILY  AGREE  TO  PROMPTLY
    8  BROADCAST  A  MISSING CHILD ALERT PROVIDING PERTINENT DETAILS CONCERNING
    9  THE PERSON'S DISAPPEARANCE,  BREAKING  INTO  REGULAR  PROGRAMMING  WHERE
   10  APPROPRIATE;
   11    (V)  PARTICIPATING  INTERNET  SERVICE  PROVIDERS AND COMMERCIAL MOBILE
   12  SERVICE PROVIDERS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPT-
   13  LY PROVIDE BY ELECTRONIC MAIL MESSAGE A MISSING MENTALLY DISABLED PERSON
   14  ALERT PROVIDING PERTINENT DETAILS CONCERNING THE PERSON'S DISAPPEARANCE;
   15    (VI) POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNICATION
   16  SYSTEM IN USE IN SUCH JURISDICTION MAY TRANSMIT SUCH INFORMATION TO  THE
   17  NEAREST  OR  MOST CONVENIENT ELECTRONIC ENTRY POINT, FROM WHICH POINT IT
   18  MAY BE PROMPTLY DISPATCHED, IN CONFORMITY  WITH  THE  ORDERS,  RULES  OR
   19  REGULATIONS GOVERNING THE SYSTEM; AND
   20    (VII)  NO  DISPATCH  OR  TRANSMISSION OF A REPORT CONCERNING A MISSING
   21  MENTALLY DISABLED PERSON SHALL BE REQUIRED BY SUCH PLAN IF THE  INVESTI-
   22  GATING POLICE DEPARTMENT ADVISES, IN ITS DISCRETION, THAT THE RELEASE OF
   23  SUCH  INFORMATION  MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE
   24  PERSON, OR REQUESTS FORBEARANCE FOR ANY REASON.
   25    (C) THE COMMISSIONER SHALL ALSO DESIGNATE A UNIT WITHIN  THE  DIVISION
   26  THAT  SHALL ASSIST LAW ENFORCEMENT AGENCIES AND REPRESENTATIVES OF RADIO
   27  STATIONS,  BROADCAST  MEDIA  OUTLETS,  INTERNET  SERVICE  PROVIDERS  AND
   28  COMMERCIAL  MOBILE  SERVICE  PROVIDERS IN THE DESIGN, IMPLEMENTATION AND
   29  IMPROVEMENT OF MENTALLY DISABLED PERSON PROMPT RESPONSE AND NOTIFICATION
   30  PLANS.  SUCH UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO  LOCAL  GOVERN-
   31  MENT ENTITIES AND LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST SUCH ENTITIES
   32  AND  AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE
   33  GOAL OF IMPLEMENTING AND OPERATING SUCH PLANS IN EVERY  JURISDICTION  IN
   34  NEW YORK STATE.
   35    (D)  THE COMMISSIONER SHALL ALSO MAINTAIN AND MAKE AVAILABLE TO APPRO-
   36  PRIATE STATE AND LOCAL LAW ENFORCEMENT AGENCIES  UP-TO-DATE  INFORMATION
   37  CONCERNING  TECHNOLOGICAL  ADVANCES  THAT MAY ASSIST IN FACILITATING THE
   38  RECOVERY OF MISSING MENTALLY DISABLED PERSONS.
   39    S 2. This act shall take effect on the first of January next  succeed-
   40  ing the date on which it shall have become a law.