Bill Text: NY S08239 | 2017-2018 | General Assembly | Introduced

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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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-20 - REFERRED TO CHILDREN AND FAMILIES [S08239 Detail]

Download: New_York-2017-S08239-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8239
                    IN SENATE
                                     April 20, 2018
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families
        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 nineteen, adopt and implement and  there-
     8  after  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
    24  notify  other  such  radio stations and other broadcast media outlets in
    25  like manner;
    26    (c) such information shall be immediately provided by electronic  mail
    27  message  to one or more internet service providers and commercial mobile
    28  service providers serving the community including, but not  limited  to,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10097-01-7
        S. 8239                             2
     1  those  which  have  voluntarily  agreed,  in advance, to promptly notify
     2  other such internet service providers in like manner;
     3    (d)  participating  radio  stations  and other participating broadcast
     4  media outlets serving the community shall promptly broadcast  a  missing
     5  child  alert  providing  pertinent details concerning the child's disap-
     6  pearance, breaking into regular programming where appropriate;
     7    (e) participating internet service  providers  and  commercial  mobile
     8  service  providers serving the community shall promptly provide by elec-
     9  tronic mail message a missing child alert  providing  pertinent  details
    10  concerning the child's disappearance; and
    11    (f)  police agencies not connected with the basic police communication
    12  system in use in such jurisdiction shall transmit  such  information  to
    13  the  nearest or most convenient electronic entry point, from which point
    14  it may be promptly dispatched, in conformity with the orders,  rules  or
    15  regulations governing the system.
    16    3.  No dispatch or transmission of a report concerning a missing child
    17  shall be required by such plan if the  investigating  police  department
    18  advises,  in  its  discretion,  that the release of such information may
    19  jeopardize the investigation or the safety of  the  child,  or  requests
    20  forbearance for any reason.
    21    §  2.  This  act  shall take effect January 1, 2019, provided that the
    22  division of criminal justice  services  is  immediately  authorized  and
    23  directed to take any and all actions necessary to assure the implementa-
    24  tion of the provisions of this act by such effective date.