Bill Text: NY S06890 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a missing persons unit within the division of state police; adds women to the responsibility of the missing and exploited children clearinghouse; provides that by January first, two-thousand twenty-five included in the curriculum for the training of law enforcement shall be missing and exploited women and missing and exploited women and children of color and indigenous descent; requires the reporting duties of law enforcement departments to include missing women, in addition to missing children and vulnerable adults; relates to the missing and exploited women and children clearinghouse fund; relates to the gift for missing and exploited women and children clearinghouse fund.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S06890 Detail]
Download: New_York-2023-S06890-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6890 2023-2024 Regular Sessions IN SENATE May 12, 2023 ___________ Introduced by Sens. MARTINEZ, WEBB -- 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 missing persons unit within the division of state police; to amend the execu- tive law, in relation to adding women to the responsibility of the missing and exploited children clearinghouse; to amend the state finance law, in relation to the missing and exploited women and chil- dren clearinghouse fund; and to amend the tax law, in relation to the gift for missing and exploited women and children clearinghouse fund 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 236 to 2 read as follows: 3 § 236. Missing persons unit. There is hereby established within the 4 division of state police the missing persons unit, which shall be a 5 specialized unit having advanced training in responding to missing 6 persons reports. The missing persons unit shall work in conjunction with 7 the missing and exploited women and children clearinghouse and perform 8 tasks related to investigating missing persons reports. 9 § 2. Section 837-f of the executive law, as added by chapter 880 of 10 the laws of 1986, subdivision 10-a as added by chapter 600 of the laws 11 of 1997, subdivision 12 as amended by chapter 579 of the laws of 1997, 12 subdivision 14 as amended by chapter 381 of the laws of 2004 and para- 13 graph (c) of subdivision 14 as amended by chapter 348 of the laws of 14 2005, is amended to read as follows: 15 § 837-f. Missing and exploited women and children clearinghouse. There 16 is hereby established within the division a missing and exploited women 17 and children clearinghouse to provide a comprehensive and coordinated 18 approach to the tragic problems of missing and exploited women and chil- 19 dren. In addition to the activities of the statewide central register 20 for missing women and children, the commissioner shall be authorized to: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10979-02-3S. 6890 2 1 1. Plan and implement programs to ensure the most effective use of 2 federal, state and local resources in the investigation of missing and 3 exploited women and children; 4 2. Exchange information and resources with other states, and within 5 New York state, concerning missing and exploited women and children; 6 3. Establish a case data base which will include nonidentifying infor- 7 mation on reported women and children and facts developed in the phases 8 of a search, and analyze such data for the purposes of: assisting law 9 enforcement in their current investigations of missing and exploited 10 women and children, developing prevention programs and increasing under- 11 standing of the nature and extent of the problem; and share the data and 12 analysis on a regular basis with the National Center for Missing and 13 Exploited Children; 14 4. Disseminate a directory of resources to assist in the locating of 15 missing women and children; 16 5. Cooperate with public and private schools and organizations to 17 develop education and prevention programs concerning women and child 18 safety for communities, parents and children; 19 6. Provide assistance in returning recovered women and children who 20 are located out-of-state; 21 7. By January first, nineteen hundred eighty-seven arrange for the 22 development of a curriculum for the training of law enforcement person- 23 nel investigating cases involving missing and exploited children; and 24 further by January first, two thousand twenty-five include in the 25 curriculum for the training of law enforcement concerning missing and 26 exploited women and missing and exploited women and children of color 27 and indigenous descent; 28 8. Assist federal, state and local agencies in the investigation of 29 cases involving missing and exploited women and children; 30 9. Utilize available resources to duplicate photographs and posters of 31 women and children reported as missing by police and with consent of 32 parents, guardians or others legally responsible, disseminate this 33 information throughout the state; 34 10. Beginning on January first, nineteen hundred eighty-seven, dissem- 35 inate, on a regular basis, a bulletin containing information on children 36 in the missing children's register to the state education department 37 which shall then forward such bulletin to every public and private 38 school where parents, guardians or others legally responsible for such 39 children have given consent; 40 10-a. (a) By November first, nineteen hundred ninety-seven prescribe 41 general guidelines to enable the state legislature and state agencies to 42 assist in the location and recovery of missing women and children. The 43 guidelines shall provide information relating to: 44 (i) the form and manner in which materials and information pertaining 45 to missing women and children including but not limited to biographical 46 data and pictures, sketches or other likenesses may be included in 47 stationery, newsletters and other written or electronic printings; 48 (ii) appropriate sources from which such materials and information may 49 be obtained; 50 (iii) the procedures by which such materials and information may be 51 obtained; and 52 (iv) any other matter the clearinghouse considers appropriate. 53 (b) By January first, nineteen hundred ninety-eight arrange for the 54 transmission of biographical information and pictures, sketches or other 55 likenesses of missing women and children to state agencies, departments 56 and the legislature to use in printings.S. 6890 3 1 11. Operate a toll-free twenty-four hour hotline for the public to use 2 to relay information concerning missing women and children; 3 12. Submit an annual report to the governor and legislature regarding 4 the activities of the clearinghouse including statistical information 5 involving reported cases of missing women and children pursuant to 6 section eight hundred thirty-seven-m of this article and a summary of 7 the division's efforts with respect to the use of monies from the miss- 8 ing and exploited women and children clearinghouse fund created pursuant 9 to section ninety-two-w of the state finance law; and 10 13. Take such other steps as necessary to assist in education, 11 prevention, service provision and investigation of cases involving miss- 12 ing and exploited women and children. 13 14. (a) In consultation with the division of state police and other 14 appropriate agencies, develop, and regularly update and distribute, 15 model missing woman or child prompt response and notification plans, 16 which shall be available for use, in their discretion, as appropriate, 17 by local communities and law enforcement personnel. Such plans shall 18 involve a pro-active, coordinated response, planned in advance, that may 19 be promptly triggered by law enforcement personnel upon confirmation by 20 a police officer, peace officer or police agency of a report of a miss- 21 ing woman or child, as defined in subdivision one of section eight 22 hundred thirty-seven-e of this article. 23 (b) Such plans shall, at a minimum, provide that: 24 (i) the name of such missing woman or child, a description of the 25 woman or child and other pertinent information may be promptly 26 dispatched over the police communication system, pursuant to subdivision 27 three of section two hundred twenty-one of this chapter; 28 (ii) such information may be immediately provided orally, electron- 29 ically or by facsimile transmission to one or more radio stations and 30 other broadcast media outlets serving the community including, but not 31 limited to, those which have voluntarily agreed, in advance, to promptly 32 notify other such radio stations and other broadcast media outlets in 33 like manner; 34 (iii) such information may be immediately provided by electronic mail 35 message to one or more internet service providers and commercial mobile 36 service providers serving the community including, but not limited to, 37 those which have voluntarily agreed, in advance, to promptly notify 38 other such internet service providers in like manner; 39 (iv) participating radio stations and other participating broadcast 40 media outlets serving the community may voluntarily agree to promptly 41 broadcast a missing woman or child alert providing pertinent details 42 concerning the woman or child's disappearance, breaking into regular 43 programming where appropriate; 44 (v) participating internet service providers and commercial mobile 45 service providers serving the community may voluntarily agree to prompt- 46 ly provide by electronic mail message a missing woman or child alert 47 providing pertinent details concerning the woman or child's disappear- 48 ance; 49 (vi) police agencies not connected with the basic police communication 50 system in use in such jurisdiction may transmit such information to the 51 nearest or most convenient electronic entry point, from which point it 52 may be promptly dispatched, in conformity with the orders, rules or 53 regulations governing the system; and 54 (vii) no dispatch or transmission of a report concerning a missing 55 woman or child shall be required by such plan if the investigating 56 police department advises, in its discretion, that the release of suchS. 6890 4 1 information may jeopardize the investigation or the safety of the woman 2 or child, or requests forbearance for any reason. 3 (c) The commissioner shall also designate a unit within the division 4 that shall assist law enforcement agencies and representatives of radio 5 stations, broadcast media outlets, internet service providers and 6 commercial mobile service providers in the design, implementation and 7 improvement of missing women or child prompt response and notification 8 plans. Such unit shall make ongoing outreach efforts to local govern- 9 ment entities and local law enforcement agencies to assist such entities 10 and agencies in the implementation and operation of such plans with the 11 goal of implementing and operating such plans in every jurisdiction in 12 New York state. 13 (d) The commissioner shall also maintain and make available to appro- 14 priate state and local law enforcement agencies up-to-date information 15 concerning technological advances that may assist in facilitating the 16 recovery of missing women or children. Such information shall include, 17 but not be limited to, technology using computer assisted imaging to 18 "age enhance" photographs of missing women or children, and technology 19 that may be used to enter such photographs and other pertinent informa- 20 tion concerning missing women or children into a database accessible to 21 appropriate officials and persons. 22 § 3. Section 837-m of the executive law, as amended by chapter 255 of 23 the laws of 2014, is amended to read as follows: 24 § 837-m. Reporting duties of law enforcement departments with respect 25 to missing women and children and vulnerable adults. The chief of every 26 police department, each county sheriff and the superintendent of state 27 police shall report, at least semi-annually, to the division with 28 respect to specified cases of missing women and children that are 29 closed. Such reports shall be in the form and manner prescribed by the 30 division and shall contain such information as the division deems neces- 31 sary including, but not limited to, information regarding recovered 32 women and children who were arrested, women and children who were the 33 victims of criminal activity or exploitation and women and children who 34 were found deceased and information regarding the alleged abductor or 35 killer of such women and children. Any law enforcement department 36 referred to in this section may, in its discretion, include in such 37 semi-annual reports information relating to missing vulnerable adults as 38 such term is defined in section eight hundred thirty-seven-f-one of this 39 article. 40 § 4. Section 221 of the executive law is amended by adding a new 41 subdivision 4 to read as follows: 42 4. When any police officer, peace officer or police agency in the 43 state shall receive a complaint of a missing woman, such police officer, 44 peace officer or police agency may, in his or her discretion, as appro- 45 priate, cause information concerning such missing woman to be promptly 46 dispatched over the police communication system. Police agencies not 47 connected with the basic system may transmit such information to the 48 nearest or most convenient electronic entry point, from which point it 49 may be promptly dispatched, in conformity with the orders, rules or 50 regulations governing the system. No dispatch or transmission of a 51 report concerning a missing woman shall be required by this subdivision 52 if the investigating police department advises, in its discretion, that 53 the release of such information may jeopardize the investigation or the 54 safety of the woman, or requests forbearance for any reason. 55 § 5. Section 92-w of the state finance law, as added by chapter 530 of 56 the laws of 1994, subdivision 2 as amended by chapter 579 of the laws ofS. 6890 5 1 1997, subdivision 2-a as added by chapter 453 of the laws of 2015, and 2 the opening paragraph of subdivision 2-a as amended by section 27-e of 3 part UU of chapter 54 of the laws of 2016, is amended to read as 4 follows: 5 § 92-w. Missing and exploited women and children clearinghouse fund. 6 1. A special fund to be known as the "missing and exploited women and 7 children clearinghouse fund" is hereby established in the custody of the 8 state comptroller and the commissioner of taxation and finance. 9 2. The fund shall consist of all monies transferred to such fund 10 pursuant to law, all monies required by any provision of law to be paid 11 into or credited to the fund, all moneys from gifts pursuant to section 12 six hundred twenty-eight of the tax law and any interest earnings which 13 may accrue from the investment of monies in the fund. Nothing contained 14 herein shall prevent the state from receiving grants, gifts or bequests 15 for the purposes of the fund as defined in this section and depositing 16 them into the fund according to law. 17 2-a. On or before the first day of February each year, the director of 18 the division of criminal justice services shall provide a written report 19 to the temporary president of the senate, speaker of the assembly, chair 20 of the senate finance committee, chair of the assembly ways and means 21 committee, chair of the senate committee on codes, chair of the assembly 22 codes committee, the state comptroller and the public. Such report shall 23 include how the monies of the fund were utilized during the preceding 24 calendar year, and shall include: 25 (i) the amount of money dispersed from the fund and the award process 26 used for such disbursements; 27 (ii) recipients of awards from the fund; 28 (iii) the amount awarded to each; 29 (iv) the purposes for which such awards were granted; and 30 (v) a summary financial plan for such monies which shall include esti- 31 mates of all receipts and all disbursements for the current and succeed- 32 ing fiscal years, along with the actual results from the prior fiscal 33 year. 34 3. Monies of the fund, when allocated, shall be available to the divi- 35 sion of criminal justice services for the enhancement of public informa- 36 tion and prevention education efforts including production of print, 37 video and radio advertising materials, brochures, pamphlets and outdoor 38 advertising, or for any other activity or purpose that will aid in the 39 prevention of the exploitation of women and children or in the recovery 40 of missing and exploited women and children, as deemed necessary by the 41 missing and exploited women and children clearinghouse created pursuant 42 to section eight hundred thirty-seven-f of the executive law. 43 4. Monies shall be payable from the fund on the audit and warrant of 44 the comptroller on vouchers approved and certified by the director of 45 the division of criminal justice services. 46 § 6. Section 628 of the tax law, as added by chapter 579 of the laws 47 of 1997, is amended to read as follows: 48 § 628. Gift for missing and exploited women and children clearinghouse 49 fund. Effective for any tax year commencing on or after January first, 50 nineteen hundred ninety-seven, an individual in any taxable year may 51 elect to contribute to the missing and exploited women and children 52 clearinghouse fund. Such contribution shall be in any whole dollar 53 amount and shall not reduce the amount of state tax owed by such indi- 54 vidual. The commissioner shall include space on the personal income tax 55 return form to enable a taxpayer to make such contribution. Notwith- 56 standing any other provision of law, all revenues collected pursuant toS. 6890 6 1 this section shall be paid to the missing and exploited women and chil- 2 dren clearinghouse fund established pursuant to and used only for those 3 purposes enumerated in section ninety-two-w of the state finance law. 4 § 7. This act shall take effect on the one hundred twentieth day after 5 it shall have become a law. Effective immediately, the addition, amend- 6 ment and/or repeal of any rule or regulation necessary for the implemen- 7 tation of this act on its effective date are authorized to be made and 8 completed on or before such effective date.
