Bill Text: NY A04175 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring mandatory dissemination of information when a child under the age of eighteen is believed to be abducted or an autistic child is missing, and such children are believed to be in danger of serious bodily harm or death.

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A04175 Detail]

Download: New_York-2019-A04175-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4175
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M.  of  A.  RA,  VANEL,  McDONOUGH, LAWRENCE, MORINELLO,
          COLTON, M. L. MILLER, CROUCH, RAIA -- Multi-Sponsored by -- M.  of  A.
          COOK,  GIGLIO,  HAWLEY  --  read once and referred to the Committee on
          Governmental Operations
        AN ACT to amend the executive law, in relation  to  requiring  mandatory
          dissemination of information in certain cases of missing children
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new section  837-t
     2  to read as follows:
     3    §  837-t.  Plans  for dissemination of information in certain cases of
     4  missing children.  1. Notwithstanding the provisions  of  section  eight
     5  hundred  thirty-seven-f  of this article, in consultation with the divi-
     6  sion of state police and other appropriate agencies, the division shall,
     7  by January first, two thousand twenty-one, adopt and implement and ther-
     8  eafter regularly update a uniform plan for searching for children  under
     9  the  age  of eighteen believed to be abducted and missing autistic chil-
    10  dren, when such children are believed to be in danger of serious  bodily
    11  harm  or  death.  Such  plan  shall  involve  a  proactive,  coordinated
    12  response, planned in advance, that is triggered immediately upon confir-
    13  mation by a police officer, peace officer or police agency of  a  report
    14  of such a missing child.
    15    2. Such plans shall, at the minimum, require that:
    16    (a)  the  name  of  such missing child, a description of the child and
    17  other pertinent information shall be promptly dispatched over the police
    18  communication system, pursuant  to  subdivision  three  of  section  two
    19  hundred twenty-one of this chapter;
    20    (b)  such  information shall be immediately provided orally, electron-
    21  ically or by facsimile transmission to one or more  radio  stations  and
    22  other  broadcast  media outlets serving the community including, but not
    23  limited to, those which have voluntarily agreed, in advance, to promptly
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02329-01-9

        A. 4175                             2
     1  notify other such radio stations and other broadcast  media  outlets  in
     2  like manner;
     3    (c)  such information shall be immediately provided by electronic mail
     4  message to one or more internet service providers and commercial  mobile
     5  service  providers  serving the community including, but not limited to,
     6  those which have voluntarily agreed,  in  advance,  to  promptly  notify
     7  other such internet service providers in like manner;
     8    (d)  participating  radio  stations  and other participating broadcast
     9  media outlets serving the community shall promptly broadcast  a  missing
    10  child  alert  providing  pertinent details concerning the child's disap-
    11  pearance, breaking into regular programming where appropriate;
    12    (e) participating internet service  providers  and  commercial  mobile
    13  service  providers serving the community shall promptly provide by elec-
    14  tronic mail message a missing child alert  providing  pertinent  details
    15  concerning the child's disappearance; and
    16    (f)  police agencies not connected with the basic police communication
    17  system in use in such jurisdiction shall transmit  such  information  to
    18  the  nearest or most convenient electronic entry point, from which point
    19  it may be promptly dispatched, in conformity with the orders,  rules  or
    20  regulations governing the system.
    21    3.  No dispatch or transmission of a report concerning a missing child
    22  shall be required by such plan if the  investigating  police  department
    23  advises,  in  its  discretion,  that the release of such information may
    24  jeopardize the investigation or the safety of  the  child,  or  requests
    25  forbearance for any reason.
    26    §  2.  This  act  shall take effect January 1, 2021, provided that the
    27  division of criminal justice  services  is  immediately  authorized  and
    28  directed to take any and all actions necessary to assure the implementa-
    29  tion of the provisions of this act by such effective date.
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