Bill Text: NY S04590 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts "Lamont Dottin's Law"; relates to reporting duties with respect to missing children and adults; establishes uniform standards for searching for missing persons; expands state databanks to approach not only the problem of missing children but missing adults as well; requires police departments to establish a trained missing person specialist.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO FINANCE [S04590 Detail]
Download: New_York-2023-S04590-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4590 2023-2024 Regular Sessions IN SENATE February 10, 2023 ___________ Introduced by Sen. SANDERS -- 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 reporting duties with respect to missing children and 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 "Lamont Dottin's law". 3 § 2. The executive law is amended by adding a new section 838-c to 4 read as follows: 5 § 838-c. Plans for prompt and uniform standards for searching for 6 missing persons. 1. In consultation with the division of state police 7 and other appropriate agencies, the division shall, on or before January 8 first, two thousand twenty-four, adopt and implement and thereafter 9 regularly update a uniform plan for searching for missing persons. Such 10 plan shall involve a pro-active, coordinated response, planned in 11 advance, that is triggered immediately upon confirmation by a police 12 officer, peace officer or police agency of a report of a missing person. 13 2. Such plans shall, at the minimum, require that: 14 (a) the name of the missing person, a description of the person and 15 other pertinent information be immediately dispatched over the police 16 communication system to local, state and national agencies; and 17 (b) there shall be no presumption that persons between the ages of 18 nineteen and sixty-four are not missing. 19 3. Police agencies not connected with the basic police communication 20 system in use in such jurisdiction shall transmit such information to 21 the nearest or most convenient teletypewriter point, from which point it 22 shall be immediately dispatched, in conformity with the orders, rules or 23 regulations governing the system. 24 4. No dispatch or transmission of a report concerning missing persons 25 shall be required by such plan if the investigating police department EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09022-01-3S. 4590 2 1 determines that the release of such information would jeopardize the 2 investigation or the safety of the person, or otherwise requests 3 forbearance. 4 § 3. Section 837-f of the executive law, as added by chapter 880 of 5 the laws of 1986, subdivision 10-a as added by chapter 600 of the laws 6 of 1997, subdivision 12 as amended by chapter 579 of the laws of 1997, 7 subdivision 14 as amended by chapter 381 of the laws of 2004 and para- 8 graph (c) of subdivision 14 as amended by chapter 348 of the laws of 9 2005, is amended to read as follows: 10 § 837-f. Missing and exploited [children] persons clearinghouse. There 11 is hereby established within the division a missing and exploited [chil-12dren] persons clearinghouse to provide a comprehensive and coordinated 13 approach to the tragic problems of missing and exploited children and of 14 missing adults. In addition to the activities of the statewide central 15 register for missing [children] persons, the commissioner shall be 16 authorized to: 17 1. Plan and implement programs to ensure the most effective use of 18 federal, state and local resources in the investigation of all missing 19 and exploited [children] people; 20 2. Exchange information and resources with other states, and within 21 New York state, concerning missing and exploited children and missing 22 adults; 23 3. Establish a case data base which will include nonidentifying infor- 24 mation on reported missing children and adults and facts developed in 25 the phases of a search, and analyze such data for the purposes of: 26 assisting law enforcement in their current investigations of missing and 27 exploited [children] persons, developing prevention programs and 28 increasing understanding of the nature and extent of the problem; and 29 share the data and analysis on a regular basis with the National Center 30 for Missing and Exploited Children; 31 4. Disseminate a directory of resources to assist in the locating of 32 missing children and adults; 33 5. Cooperate with public and private schools and organizations to 34 develop education and prevention programs concerning child safety for 35 communities, parents and children; 36 6. Provide assistance in returning recovered children and adults who 37 are located out-of-state; 38 7. By January first, nineteen hundred eighty-seven arrange for the 39 development of a curriculum for the training of law enforcement person- 40 nel investigating cases involving missing and exploited children and by 41 January first, two thousand twenty-four arrange for the development of a 42 curriculum for the training of law enforcement personnel investigating 43 cases involving missing adults; 44 8. Assist federal, state and local agencies in the investigation of 45 cases involving missing and exploited children and involving missing 46 adults; 47 9. Utilize available resources to duplicate photographs and posters of 48 children and adults reported as missing by police and with consent of 49 parents, guardians or others legally responsible, disseminate this 50 information throughout the state; 51 10. Beginning on January first, nineteen hundred eighty-seven, dissem- 52 inate, on a regular basis, a bulletin containing information on children 53 in the missing children's register to the state education department 54 which shall then forward such bulletin to every public and private 55 school where parents, guardians or others legally responsible for such 56 children have given consent;S. 4590 3 1 10-a. (a) By November first, nineteen hundred ninety-seven prescribe 2 general guidelines to enable the state legislature and state agencies to 3 assist in the location and recovery of missing children and by November 4 first, two thousand twenty-four to assist in the location and recovery 5 of missing adults. The guidelines shall provide information relating to: 6 (i) the form and manner in which materials and information pertaining 7 to missing children and missing adults including but not limited to 8 biographical data and pictures, sketches or other likenesses may be 9 included in stationery, newsletters and other written or electronic 10 printings; 11 (ii) appropriate sources from which such materials and information may 12 be obtained; 13 (iii) the procedures by which such materials and information may be 14 obtained; and 15 (iv) any other matter the clearinghouse considers appropriate. 16 (b) By January first, nineteen hundred ninety-eight arrange for the 17 transmission of biographical information and pictures, sketches or other 18 likenesses of missing children and by January first, two thousand twen- 19 ty-four of missing adults to state agencies, departments and the legis- 20 lature to use in printings. 21 11. Operate a toll-free twenty-four hour hotline for the public to use 22 to relay information concerning missing children and missing adults; 23 11-a. Along with the state legislature and state agencies, shall 24 communicate with the families of missing persons, on a consistent basis, 25 to update them on the search for the missing persons; 26 12. Submit an annual report to the governor and legislature regarding 27 the activities of the clearinghouse including statistical information 28 involving reported cases of missing children and of missing adults 29 pursuant to section eight hundred thirty-seven-m of this article and a 30 summary of the division's efforts with respect to the use of monies from 31 the missing and exploited children clearinghouse fund created pursuant 32 to section ninety-two-w of the state finance law; and 33 13. Take such other steps as necessary to assist in education, 34 prevention, service provision and investigation of cases involving miss- 35 ing and exploited children and missing adults. 36 14. (a) In consultation with the division of state police and other 37 appropriate agencies, develop, and regularly update and distribute, 38 model missing [child] person prompt response and notification plans, 39 which shall be available for use, in their discretion, as appropriate, 40 by local communities and law enforcement personnel. Such plans shall 41 involve a pro-active, coordinated response, planned in advance, that may 42 be promptly triggered by law enforcement personnel upon confirmation by 43 a police officer, peace officer or police agency of a report of a miss- 44 ing child, as defined in subdivision one of section eight hundred thir- 45 ty-seven-e of this article, or any person. 46 (b) Such plans shall, at a minimum, provide that: 47 (i) the name of such missing [child] person, a description of the 48 [child] person and other pertinent information may be promptly 49 dispatched over the police communication system, pursuant to subdivision 50 three of section two hundred twenty-one of this chapter; 51 (ii) such information may be immediately provided orally, electron- 52 ically or by facsimile transmission to one or more radio stations and 53 other broadcast media outlets serving the community including, but not 54 limited to, those which have voluntarily agreed, in advance, to promptly 55 notify other such radio stations and other broadcast media outlets in 56 like manner;S. 4590 4 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] person alert providing pertinent details 9 concerning the [child's] person's disappearance, breaking into regular 10 programming where 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 [child] person alert 14 providing pertinent details concerning the [child's] person's disappear- 15 ance; 16 (vi) police agencies not connected with the basic police communication 17 system in use in such jurisdiction may transmit such information to the 18 nearest or most convenient electronic entry point, from which point it 19 may be promptly dispatched, in conformity with the orders, rules or 20 regulations governing the system; and 21 (vii) no dispatch or transmission of a report concerning a missing 22 [child] person shall be required by such plan if the investigating 23 police department advises, in its discretion, that the release of such 24 information may jeopardize the investigation or the safety of the 25 [child] person, or requests forbearance for any reason. 26 (c) The commissioner shall also designate a unit within the division 27 that shall assist law enforcement agencies and representatives of radio 28 stations, broadcast media outlets, internet service providers and 29 commercial mobile service providers in the design, implementation and 30 improvement of missing [child] person prompt response and notification 31 plans. Such unit shall make ongoing outreach efforts to local govern- 32 ment entities and local law enforcement agencies to assist such entities 33 and agencies in the implementation and operation of such plans with the 34 goal of implementing and operating such plans in every jurisdiction in 35 New York state. 36 (d) The commissioner shall also maintain and make available to appro- 37 priate state and local law enforcement agencies up-to-date information 38 concerning technological advances that may assist in facilitating the 39 recovery of missing children and missing adults. Such information shall 40 include, but not be limited to, technology using computer assisted imag- 41 ing to "age enhance" photographs of missing children and missing adults, 42 and technology that may be used to enter such photographs and other 43 pertinent information concerning missing children and missing adults 44 into a database accessible to appropriate officials and persons. 45 § 4. Section 837-m of the executive law, as amended by chapter 255 of 46 the laws of 2014, is amended to read as follows: 47 § 837-m. Reporting duties [of law enforcement departments] with 48 respect to missing [children and vulnerable adults] persons. The chief 49 of every police department, each county sheriff and the superintendent 50 of state police, as well as each morgue in the state and all pauper 51 cemeteries, which shall also be required to establish and maintain 52 computerized data on all identified and non-identified bodies, shall 53 report, at least semi-annually, to the division with respect to speci- 54 fied cases of missing [children] persons that are closed as well as 55 information on all unidentified bodies. Such reports shall be in the 56 form and manner prescribed by the division and shall contain such infor-S. 4590 5 1 mation as the division deems necessary including, but not limited to, 2 information regarding recovered [children] persons who were arrested, 3 [children] persons who were the victims of criminal activity or exploi- 4 tation and [children] persons who were found deceased and information 5 regarding the alleged abductor or killer of such [children] persons. 6 Any law enforcement department referred to in this section may, in its 7 discretion, include in such semi-annual reports information relating to 8 missing vulnerable adults as such term is defined in section eight 9 hundred thirty-seven-f-one of this article. 10 Police departments shall establish a trained missing person specialist 11 who would: 12 (i) immediately meet with the family of any person reported missing; 13 (ii) provide training for all officers who receive federal specialized 14 missing persons training (REMAC); and 15 (iii) work in close conjunction with the department's missing person 16 unit. 17 § 5. This act shall take effect immediately, except that section two 18 of this act shall take effect on the first of January next succeeding 19 the date upon which it shall have become a law, and provided further 20 that the division of criminal justice services is immediately authorized 21 to take any and all actions necessary to ensure the implementation of 22 the provisions of this act by such effective dates.
