S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8492
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  executive law, in relation to the creation of a
   "purple alert system" for missing victims of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-w
 to read as follows:
   § 837-W. PURPLE ALERT SYSTEM; MISSING VICTIMS OF DOMESTIC VIOLENCE. 1.
 WITH THE COOPERATION OF THE DEPARTMENT OF TRANSPORTATION, THE OFFICE  OF
 THE  GOVERNOR,  AND  OTHER  APPROPRIATE  LAW ENFORCEMENT AGENCIES IN THE
 STATE, THE DIVISION SHALL DEVELOP AND IMPLEMENT A STATEWIDE PURPLE ALERT
 SYSTEM TO BE ACTIVATED  ON  BEHALF  OF  A  MISSING  VICTIM  OF  DOMESTIC
 VIOLENCE,  AS  DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-
 NINE-A OF THE SOCIAL SERVICES LAW, WHO HAS ELECTED TO PARTICIPATE IN THE
 PURPLE ALERT SYSTEM.
   2. THE COMMISSIONER SHALL DESIGNATE A  STATEWIDE  COORDINATOR  OF  THE
 PURPLE ALERT SYSTEM. THE COMMISSIONER SHALL ADOPT RULES AND ISSUE DIREC-
 TIVES  AS  NECESSARY TO ENSURE PROPER IMPLEMENTATION OF THE PURPLE ALERT
 SYSTEM.  THE RULES AND DIRECTIVES SHALL INCLUDE:
   (A) THE PROCEDURES TO BE USED BY A LAW ENFORCEMENT  AGENCY  TO  VERIFY
 WHETHER A VICTIM OF DOMESTIC VIOLENCE IS MISSING;
   (B)  A  DESCRIPTION OF THE CIRCUMSTANCES UNDER WHICH A LAW ENFORCEMENT
 AGENCY IS REQUIRED TO REPORT A MISSING VICTIM OF  DOMESTIC  VIOLENCE  TO
 THE DIVISION;
   (C)  THE  PROCEDURES  TO  BE USED BY AN INDIVIDUAL OR ENTITY TO REPORT
 INFORMATION ABOUT A MISSING VICTIM OF DOMESTIC  VIOLENCE  TO  DESIGNATED
 MEDIA OUTLETS IN THE STATE;
   (D)  GUIDELINES  FOR RELEASING ONLY THE INFORMATION NECESSARY IN ORDER
 TO PROTECT THE PRIVACY OF A MISSING VICTIM OF DOMESTIC VIOLENCE FOR WHOM
 A PURPLE ALERT HAS BEEN ISSUED, INCLUDING  COMPLIANCE  WITH  THE  HEALTH
 INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996;
   (E) FORMS FOR USE BY LAW ENFORCEMENT AGENCIES IN REQUESTING ACTIVATION
 OF THE PURPLE ALERT SYSTEM; AND
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13506-01-1
 A. 8492                             2
 
   (F) A DETERMINATION AS TO HOW AN INDIVIDUAL SHALL ELECT TO PARTICIPATE
 IN SUCH ALERT SYSTEM.
   3.  (A) THE PURPLE ALERT SYSTEM SHALL INCLUDE ALL STATE AGENCIES CAPA-
 BLE OF PROVIDING URGENT AND TIMELY INFORMATION TO THE  PUBLIC,  TOGETHER
 WITH  BROADCASTERS,  PRIVATE  COMMERCIAL  ENTITIES  AND  STATE  OR LOCAL
 GOVERNMENTAL ENTITIES WHO VOLUNTEER TO PARTICIPATE IN THE  DISSEMINATION
 OF URGENT PUBLIC INFORMATION.
   (B)  SUCH ALERT SYSTEM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE
 DIVISION, THE NEW YORK LOTTERY AND  THE  DEPARTMENT  OF  TRANSPORTATION,
 WHICH  SHALL  ESTABLISH  A  PLAN FOR PROVIDING INFORMATION TO THE PUBLIC
 THROUGH AN EXISTING SYSTEM OF DYNAMIC MESSAGE SIGNS LOCATED  ACROSS  THE
 STATE.
   4.  A  LAW  ENFORCEMENT AGENCY SHALL NOTIFY THE DIVISION IF THE AGENCY
 RECEIVES A REPORT REGARDING A MISSING VICTIM OF DOMESTIC VIOLENCE WHO IS
 DETERMINED BY THE AGENCY TO BE A PARTICIPANT IN THE PURPLE ALERT SYSTEM.
   5. (A) WHEN A LAW ENFORCEMENT AGENCY NOTIFIES THE DIVISION, THE  DIVI-
 SION  SHALL  CONFIRM  THE ACCURACY OF THE INFORMATION AND, IF CONFIRMED,
 IMMEDIATELY ISSUE AN ALERT UNDER THIS SECTION IN ACCORDANCE  WITH  DIVI-
 SION RULES.
   (B)  IN  ISSUING THE ALERT, THE DIVISION SHALL SEND THE ALERT TO MEDIA
 OUTLETS IN THE STATE, IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF  THIS
 SECTION. FOLLOWING RECEIPT OF THE ALERT, PARTICIPATING MEDIA OUTLETS MAY
 ISSUE  THE ALERT AT DESIGNATED INTERVALS TO ASSIST IN LOCATING THE MISS-
 ING VICTIM OF DOMESTIC VIOLENCE.
   (C) UPON ACTIVATION OF THE  PURPLE  ALERT  SYSTEM,  THE  DIVISION  MAY
 REQUEST  INTERSTATE  ACTIVATION IN A NEIGHBORING STATE OR CANADIAN PROV-
 INCE IF WARRANTED. IF AN ACTIVATION AREA IS ADJACENT TO  A  BORDER,  THE
 UNITED  STATES CUSTOMS AND BORDER PATROL AND CANADIAN CUSTOMS SHALL ALSO
 RECEIVE NOTIFICATION.
   (D) THE ALERT MUST INCLUDE:
   (I) ALL APPROPRIATE INFORMATION THAT IS PROVIDED BY THE  LAW  ENFORCE-
 MENT AGENCY UNDER THIS SECTION AND THAT MAY LEAD TO THE SAFE RECOVERY OF
 THE MISSING VICTIM OF DOMESTIC VIOLENCE; AND
   (II)  A  STATEMENT  INSTRUCTING ANY PERSON WITH INFORMATION RELATED TO
 THE MISSING VICTIM OF DOMESTIC VIOLENCE TO CONTACT  THE  APPLICABLE  LAW
 ENFORCEMENT AGENCY.
   (E)  THE COMMISSIONER SHALL TERMINATE ANY ACTIVATION OF THE ALERT WITH
 RESPECT TO A PARTICULAR MISSING VICTIM OF DOMESTIC  VIOLENCE  NOT  LATER
 THAN THE EARLIER OF THE DATE ON WHICH:
   (I)  THE  MISSING VICTIM OF DOMESTIC VIOLENCE IS LOCATED, OR THE SITU-
 ATION IS OTHERWISE RESOLVED; OR
   (II) THE NOTIFICATION PERIOD ENDS, AS  DETERMINED  BY  THE  DIVISION'S
 RULES.
   (F) A LAW ENFORCEMENT AGENCY THAT LOCATES A MISSING VICTIM OF DOMESTIC
 VIOLENCE  WHO IS THE SUBJECT OF AN ALERT UNDER THIS SECTION SHALL NOTIFY
 THE DIVISION AS SOON AS POSSIBLE THAT THE  MISSING  VICTIM  OF  DOMESTIC
 VIOLENCE HAS BEEN LOCATED.
   6.  THE DEPARTMENT OF TRANSPORTATION IS NOT REQUIRED TO USE ANY EXIST-
 ING SYSTEM OF DYNAMIC MESSAGE SIGNS IN A STATEWIDE ALERT SYSTEM  CREATED
 UNDER  THIS  SECTION IF THE DEPARTMENT OF TRANSPORTATION RECEIVES NOTICE
 FROM THE UNITED STATES  DEPARTMENT  OF  TRANSPORTATION  FEDERAL  HIGHWAY
 ADMINISTRATION  THAT  THE  USE  OF THE SIGNS WOULD RESULT IN THE LOSS OF
 FEDERAL HIGHWAY FUNDING OR OTHER  PUNITIVE  ACTIONS  TAKEN  AGAINST  THE
 STATE DUE TO NONCOMPLIANCE WITH FEDERAL LAWS, REGULATIONS, OR POLICIES.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.