Bill Text: NY A08942 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires the transmission of reports of missing persons to the National Missing and Unidentified Persons System within thirty days when such person may be at immediate risk of death or injury or a match to a record maintained in the NamUs database or within one hundred eighty days in any other case.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-12 - substituted by s7304 [A08942 Detail]

Download: New_York-2017-A08942-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8942
                   IN ASSEMBLY
                                     January 8, 2018
                                       ___________
        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.  Subdivision 1-b of section 837-e of the executive law, as
     2  added by a chapter of the laws  of  2017  amending  the  executive  law,
     3  relating  to  the  transmission  of  reports  of  missing persons to the
     4  National Missing and Unidentified Persons System, as proposed in  legis-
     5  lative  bills  numbers  S.  6739  and  A.  8286-B, is amended to read as
     6  follows:
     7    1-b. The division shall transmit the report of the  missing  child  to
     8  the  National  Missing  and Unidentified Persons System (NamUs) no later
     9  than thirty days after entry of a report of a  missing  child  into  the
    10  register  whenever  circumstances indicate that the missing child may be
    11  at immediate risk of death or injury, or may be  a  match  to  a  record
    12  maintained  in  the  NamUs  unidentified  person database and within one
    13  hundred eighty days in any other case.
    14    § 2. Paragraph (g) of subdivision 4 of section 837-e of the  executive
    15  law  as  added  by  a chapter of the laws of 2017 amending the executive
    16  law, relating to the transmission of reports of missing persons  to  the
    17  National  Missing and Unidentified Persons System, as proposed in legis-
    18  lative bills numbers S. 6739 and A.  8286-B,  are  amended  to  read  as
    19  follows:
    20    (g) establishing procedures for transmitting [a report] reports of [a]
    21  missing  [child] children and adults to the National Missing and Uniden-
    22  tified Persons System (NamUs) pursuant  to  subdivision  one-b  of  this
    23  section and section eight hundred thirty-seven-f-two of this article.
    24    §  3.  Section  837-f-2 of the executive law, as added by a chapter of
    25  the laws of 2017 amending the executive  law,  relating  to  the  trans-
    26  mission  of  reports  of  missing  persons  to  the National Missing and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11876-05-8

        A. 8942                             2
     1  Unidentified Persons System, as proposed in legislative bills numbers S.
     2  6739 and A. 8286-B, is amended to read as follows:
     3    §  837-f-2. Missing adults. In the event that a police agency receives
     4  a report that an adult person is missing from  his  or  her  normal  and
     5  ordinary  place  of residence and whose whereabouts cannot be determined
     6  by an individual whose relationship with such adult person  would  place
     7  such  individual  in  a  position to have knowledge of his or her where-
     8  abouts, and that such missing adult person has a proven  disability,  or
     9  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    [No later than thirty days after a police  agency  receives  a  report
    20  that  an  adult  person  is missing under this section, the agency shall
    21  submit an electronic report to the  National  Missing  and  Unidentified
    22  Persons  System  (NamUs).] The division shall transmit the report of the
    23  missing adult to the National Missing and  Unidentified  Persons  System
    24  (NamUs)  within  thirty  days after entry of a report of a missing adult
    25  into the register whenever circumstances indicate that the missing adult
    26  may be at immediate risk of death or injury, or may  be  a  match  to  a
    27  record  maintained  in the NamUs unidentified person database and within
    28  one hundred eighty days in any other case.
    29    § 4. This act shall take effect on the  same  date  and  in  the  same
    30  manner  as  a  chapter  of  the laws of 2017 amending the executive law,
    31  relating to the transmission  of  reports  of  missing  persons  to  the
    32  National  Missing and Unidentified Persons System, as proposed in legis-
    33  lative bills numbers S. 6739 and A. 8286-B.
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