S T A T E O F N E W Y O R K
________________________________________________________________________
7562
2021-2022 Regular Sessions
I N S E N A T E
December 3, 2021
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13506-01-1
S. 7562 2
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
(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
S. 7562 3
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.
