NY State Senate Bill 2013-S3876

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2014	recommit, enacting clause stricken
Jan 08, 2014	referred to finance returned to senate died in assembly
Jun 17, 2013	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1382 committee discharged and committed to rules
Feb 26, 2013	referred to finance

Votes

- Jun 17, 2013 - Floor Vote
  S3876
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Jun 17, 2013 - Rules Committee Vote
  S3876
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2013
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Parker

co-Sponsors

2013-S3876 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S5268

2013-S3876 (ACTIVE) - Summary

Establishes an "Amber Alert" system for missing developmentally disabled persons.

2013-S3876 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3876

TITLE  OF  BILL:    An  act to amend the executive law, in relation to
establishing a prompt response and notification  program  for  missing
persons  with developmental disabilities, Alzheimer's disease or other
dementia

PURPOSE:   This legislation will  have  the  Office  for  People  with
Developmental  Disabilities,  Office of Mental Health and the Division
of State Police create, develop, and regularly update and distribute a
model missing persons  with  developmental  disabilities,  Alzheimer's
disease or other dementia prompt response and notification plan.  This
plan  will take a pro-active coordinated response that may be promptly
triggered  by  law  enforcement  personnel  if   a   person   with   a
developmental  disability,  Alzheimer's  disease or other dementia are
reported missing, similar to the "Amber Alert"

SUMMARY OF PROVISIONS:

Section One - amends Section 837 of the executive law by adding a  new
subdivision  19  to  direct  the  Office for People with Developmental
Disabilities, Office of Mental Health, Division of  State  Police  and
other  agencies  to create a model missing persons program for persons
with  developmental  disabilities,  Alzheimer's   disease   or   other
dementia, This model program will be updated regularly and distributed
to local communities and law enforcement personnel.

Section  One  -  also  states  the  model missing persons program will
involve a pro-active and coordinated response  that  can  be  promptly
triggered  by  law enforcement personnel upon confirmation by a police
officer, peace officer or police  agency  of  a  missing  person  with
developmental disabilities, Alzheimer's disease or other dementia.

Section  One - states at a minimum, these plans will include the name,
description and any other pertinent information of the missing person.
This  information  will  be  promptly  dispatched  over   the   police
communication  system, via electronic, oral or facsimile, and provided
to one or more  radio  stations  and  other  broadcast  media  outlets
serving the community.

It  is  not  mandatory  to  dispatch  or  transmit  a  report  if  the
investigating police department  advises  that  the  release  of  such
information  may  jeopardize  the  investigation  or the safety of the
person, or requests forbearance for any reason.

Section Two - states this act  shall  take  effect  on  the  first  of
January next succeeding the date on which it shall have become law.

JUSTIFICATION:  Families of people with Alzheimer's often live in fear
that there loved one will go missing. In many cases there is no way to
get  the  information  about their loved one out to the general public
and our first responders quickly and effectively, allowing  for  their
loved ones to suffer tragic consequences.

Alert  systems  to recover vulnerable missing adults, and persons with
special needs have been developed  in  eleven  states  throughout  the


country.  These  systems,  administered at the state and local levels,
are intended to alert law enforcement entities  and  the  public  that
adults with cognitive impairment or other disabilities are missing and
may need assistance.

It  is  necessary  to  put a system in place, on behalf of individuals
with cognitive or mental  impairments  like  Alzheimer's  disease  and
other  forms of dementia, because these developmental disabilities put
people at elevated risk of going missing  and  they  are  often  times
unable to make their way home or to a safe place.

This  alert  program  much  like  the Amber Alert program will quickly
distribute information  about  missing  persons  to  law  enforcement,
radio,  and  television  stations.  It will allow for the alert of the
public and law enforcement agencies so that citizens  can  be  on  the
look out for missing adults.

LEGISLATIVE HISTORY:  02/14/12 Recommit, enacting clause stricken

FISCAL IMPLICATIONS:  To be determined.

EFFECTIVE  DATE:    This act shall take effect on the first of January
next succeeding the date on which it shall have become law.

2013-S3876 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3876

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  prompt
  response  and  notification  program for missing persons with develop-
  mental disabilities, Alzheimer's disease or other dementia

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 837 of the executive law is amended by adding a new
subdivision 20 to read as follows:
   20. (A) IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES,  OFFICE  OF  MENTAL  HEALTH,  DIVISION OF STATE POLICE AND
OTHER APPROPRIATE AGENCIES, DEVELOP, REGULARLY  UPDATE  AND  DISTRIBUTE,
MODEL  MISSING  PERSONS  WITH  DEVELOPMENTAL  DISABILITIES,  ALZHEIMER'S
DISEASE OR OTHER DEMENTIA PROMPT RESPONSE AND NOTIFICATION PLANS,  WHICH
SHALL  BE  AVAILABLE  FOR  USE,  IN THEIR DISCRETION, AS APPROPRIATE, BY
LOCAL COMMUNITIES  AND  LAW  ENFORCEMENT  PERSONNEL.  SUCH  PLANS  SHALL
INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE, PLANNED IN ADVANCE, THAT MAY
BE  PROMPTLY TRIGGERED BY LAW ENFORCEMENT PERSONNEL UPON CONFIRMATION BY
A POLICE OFFICER, PEACE OFFICER OR POLICE AGENCY OF A REPORT OF  SUCH  A
MISSING PERSON.
  (B) SUCH PLANS SHALL, AT A MINIMUM, PROVIDE THAT:
  (I)  THE  NAME OF SUCH MISSING PERSON, A DESCRIPTION OF THE PERSON AND
OTHER PERTINENT INFORMATION MAY BE PROMPTLY DISPATCHED OVER  THE  POLICE
COMMUNICATION SYSTEM;
  (II)  SUCH  INFORMATION  MAY BE IMMEDIATELY PROVIDED ORALLY, ELECTRON-
ICALLY OR BY FACSIMILE TRANSMISSION TO ONE OR MORE  RADIO  STATIONS  AND
OTHER  BROADCAST  MEDIA OUTLETS SERVING THE COMMUNITY INCLUDING, BUT NOT
LIMITED TO, THOSE WHICH HAVE VOLUNTARILY AGREED, IN ADVANCE, TO PROMPTLY
NOTIFY OTHER SUCH RADIO STATIONS AND OTHER BROADCAST  MEDIA  OUTLETS  IN
LIKE MANNER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07285-02-3

S. 3876                             2

  (III)  SUCH INFORMATION MAY BE IMMEDIATELY PROVIDED BY ELECTRONIC MAIL
MESSAGE TO ONE OR MORE INTERNET SERVICE PROVIDERS AND COMMERCIAL  MOBILE
SERVICE  PROVIDERS  SERVING THE COMMUNITY INCLUDING, BUT NOT LIMITED TO,
THOSE WHICH HAVE VOLUNTARILY AGREED,  IN  ADVANCE,  TO  PROMPTLY  NOTIFY
OTHER SUCH INTERNET SERVICE PROVIDERS IN LIKE MANNER;
  (IV)  PARTICIPATING  RADIO  STATIONS AND OTHER PARTICIPATING BROADCAST
MEDIA OUTLETS SERVING THE COMMUNITY MAY VOLUNTARILY  AGREE  TO  PROMPTLY
BROADCAST  A  MISSING CHILD ALERT PROVIDING PERTINENT DETAILS CONCERNING
THE PERSON'S DISAPPEARANCE,  BREAKING  INTO  REGULAR  PROGRAMMING  WHERE
APPROPRIATE;
  (V)  PARTICIPATING  INTERNET  SERVICE  PROVIDERS AND COMMERCIAL MOBILE
SERVICE PROVIDERS SERVING THE COMMUNITY MAY VOLUNTARILY AGREE TO PROMPT-
LY PROVIDE BY ELECTRONIC MAIL MESSAGE A MISSING MENTALLY DISABLED PERSON
ALERT PROVIDING PERTINENT DETAILS CONCERNING THE PERSON'S DISAPPEARANCE;
  (VI) POLICE AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNICATION
SYSTEM IN USE IN SUCH JURISDICTION MAY TRANSMIT SUCH INFORMATION TO  THE
NEAREST  OR  MOST CONVENIENT ELECTRONIC ENTRY POINT, FROM WHICH POINT IT
MAY BE PROMPTLY DISPATCHED, IN CONFORMITY  WITH  THE  ORDERS,  RULES  OR
REGULATIONS GOVERNING THE SYSTEM; AND
  (VII)  NO  DISPATCH  OR  TRANSMISSION OF A REPORT CONCERNING A MISSING
MENTALLY DISABLED PERSON SHALL BE REQUIRED BY SUCH PLAN IF THE  INVESTI-
GATING POLICE DEPARTMENT ADVISES, IN ITS DISCRETION, THAT THE RELEASE OF
SUCH  INFORMATION  MAY JEOPARDIZE THE INVESTIGATION OR THE SAFETY OF THE
PERSON, OR REQUESTS FORBEARANCE FOR ANY REASON.
  (C) THE COMMISSIONER SHALL ALSO DESIGNATE A UNIT WITHIN  THE  DIVISION
THAT  SHALL ASSIST LAW ENFORCEMENT AGENCIES AND REPRESENTATIVES OF RADIO
STATIONS,  BROADCAST  MEDIA  OUTLETS,  INTERNET  SERVICE  PROVIDERS  AND
COMMERCIAL  MOBILE  SERVICE  PROVIDERS IN THE DESIGN, IMPLEMENTATION AND
IMPROVEMENT OF MENTALLY DISABLED PERSON PROMPT RESPONSE AND NOTIFICATION
PLANS.  SUCH UNIT SHALL MAKE ONGOING OUTREACH EFFORTS TO  LOCAL  GOVERN-
MENT ENTITIES AND LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST SUCH ENTITIES
AND  AGENCIES IN THE IMPLEMENTATION AND OPERATION OF SUCH PLANS WITH THE
GOAL OF IMPLEMENTING AND OPERATING SUCH PLANS IN EVERY  JURISDICTION  IN
NEW YORK STATE.
  (D)  THE COMMISSIONER SHALL ALSO MAINTAIN AND MAKE AVAILABLE TO APPRO-
PRIATE STATE AND LOCAL LAW ENFORCEMENT AGENCIES  UP-TO-DATE  INFORMATION
CONCERNING  TECHNOLOGICAL  ADVANCES  THAT MAY ASSIST IN FACILITATING THE
RECOVERY OF MISSING MENTALLY DISABLED PERSONS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S3876

Sponsored By

Archive: Last Bill Status - Stricken

Jun 17, 2013 - Floor Vote

Floor Vote: Jun 17, 2013

Jun 17, 2013 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2013

co-Sponsors

2013-S3876 (ACTIVE) - Details

2013-S3876 (ACTIVE) - Summary

2013-S3876 (ACTIVE) - Sponsor Memo

2013-S3876 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3876

Share this bill

Sponsored By

Greg Ball

Archive: Last Bill Status - Stricken

co-Sponsors

Terry Gipson

2013-S3876 (ACTIVE) - Details

2013-S3876 (ACTIVE) - Summary

2013-S3876 (ACTIVE) - Sponsor Memo

2013-S3876 (ACTIVE) - Bill Text download pdf

Comments