NY State Senate Bill 2021-S7591

Senate Bill S7591

2021-2022 Legislative Session

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations and provides support for relatives of such missing persons

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Dec 13, 2021	referred to rules

co-Sponsors

2021-S7591 (ACTIVE) - Details

See Assembly Version of this Bill:: A8412
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§640, 641 & 642, add §837-f-3, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S4156, A5570

2021-S7591 (ACTIVE) - Summary

Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.

2021-S7591 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7591

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agencies
in missing persons investigations and to provide support for relatives
of such missing persons

 
PURPOSE:

This bill will ensure collaboration across Missings Persons & Domestic
Violence departments in law enforcement agencies throughout New York
State and ensure families of missing persons are provided with adequate
resources

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. This act shall be known and may be cited as "Destini Smoth-
ers' law".

Section 5. The executive law is amended by adding a new section 837-f-3
to read as follows:

§ 837-f-3. Law enforcement collaboration in missing persons investi-
gation. The division shall on or before January first two thousand twen-
ty-three in consultation with the division of state police every police
agency in this state, every district attorney in this state, and such
other qualified agencies the department deems appropriate, develop,
adopt, implement and thereafter regularly update a uniform plan for
collaboration between police agencies in missing persons investigations.
Such a plan shall involve a proactive coordinated response planned in
advance that is triggered immediately upon confirmation by a police
officer, peace officer or police agency of a report of a missing person.

(a) the name of the missing person, a description of the person and
other pertinent information be immediately dispatched over the police
communication system to all local and state agencies;

(b) there shall be no presumption that persons between the ages of nine-
teen and sixty-four are not missing;

(c) the agency shall ascertain whether the missing person is or has been
the victim of a family offense as defined in subdivision one of section
530.11 of the criminal procedure law or section eight hundred twelve of
the family court act, and if so, the agency shall immediately transmit
such information along with any records in its possession relating ther-
eto to every local and state agency, and shall immediately request and
obtain any such records in the possession of another local or state
agency.

 
JUSTIFICATION:

Destini Smothers went missing on November 3rd, 2020. She was last seen
late that night leaving Bowlero bowling alley in Woodside, where she
attended a birthday party with her intimate partner. Smothers had gotten
into a "heated argument" with her intimate partner, who is the father of

her kids, according to a missing persons report. Those close to Destini,
had reported she was a victim of domestic violence for many years.

On March 10th, 2021, Destini Smothers' body was found in the back of her
car near 134th Ave. in Springfield Gardens, Queens. Before going miss-
ing, Destini and her boyfriend lived in Troy, NY. This necessitated
communication between the NYPD and the Troy Police Department. Between
the time Destini went missing and when she was found, her family
consistently reported major issues in communication between law enforce-
ment agencies in Troy, New York, and the NYPD, as well as a lack of
urgency and willingness to engage her family. It was not until Day 9 of
Smothers going missing, that the case was taken by law enforcement.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

2021-S7591 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7591
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 13, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  enacting  "Destini
   Smothers'  law" to require collaboration between law enforcement agen-
   cies in missing persons investigations  and  to  provide  support  for
   relatives of such missing persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Destini Smoth-
 ers' law".
   § 2. Section 640 of the executive law  is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. (A) FOR THE PURPOSES OF THIS ARTICLE, THE TERM "CRIME VICTIM" SHALL
 INCLUDE  A  RELATIVE  OF A MISSING PERSON AS DEFINED IN PARAGRAPH (C) OF
 THIS SUBDIVISION.
   (B) "MISSING PERSON" SHALL INCLUDE A "MISSING  CHILD"  AS  DEFINED  IN
 SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THIS CHAPTER, A "MISSING VULNER-
 ABLE ADULT" AS DEFINED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-F-1 OF THIS
 CHAPTER, AND A "MISSING ADULT" AS DEFINED IN SECTION EIGHT HUNDRED THIR-
 TY-SEVEN-F-2  OF  THIS CHAPTER, WHO IS MISSING UNDER CIRCUMSTANCES WHERE
 THERE IS A REASONABLE CONCERN FOR HIS OR HER SAFETY OR WHOSE  DISAPPEAR-
 ANCE HAS BEEN DETERMINED BY LAW ENFORCEMENT TO HAVE BEEN INVOLUNTARY.
   (C)  "RELATIVE  OF A MISSING PERSON" MEANS (I) ANY PERSON RELATED TO A
 MISSING PERSON AS DEFINED IN PARAGRAPH (B) OF  THIS  SUBDIVISION  WITHIN
 THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY; (II) ANY PERSON MAINTAIN-
 ING  A SEXUAL RELATIONSHIP WITH SUCH MISSING PERSON; OR (III) ANY PERSON
 RESIDING IN THE SAME  HOUSEHOLD  WITH  SUCH  MISSING  PERSON;  PROVIDED,
 HOWEVER,  THAT  SUCH  TERM  SHALL  NOT APPLY TO ANY SUCH PERSON WHOM THE
 INVESTIGATING LAW ENFORCEMENT AGENCY REASONABLY SUSPECTS  TO  HAVE  BEEN
 INVOLVED  IN  THE  MISSING  PERSON'S  DISAPPEARANCE;  (IV)  WHO HAS BEEN
 CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE  OF  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13420-02-1

 S. 7591                             2
 
 530.11  OF THE CRIMINAL PROCEDURE LAW OR SECTION EIGHT HUNDRED TWELVE OF
 THE FAMILY COURT ACT COMMITTED AGAINST THE MISSING PERSON;  (V)  IS  THE
 DEFENDANT OR RESPONDENT OR BOTH IN ANY FAMILY OFFENSE PROCEEDING PENDING
 IN CRIMINAL COURT OR FAMILY COURT WHERE THE FAMILY OFFENSE IS ALLEGED TO
 HAVE  BEEN COMMITTED AGAINST THE MISSING PERSON; (VI) IS OR HAS BEEN THE
 SUBJECT OF AN ORDER OF PROTECTION IN FAVOR OF  THE  MISSING  PERSON;  OR
 (VII)  WHOM  THE  LAW ENFORCEMENT AGENCY HAS REASONABLE CAUSE TO BELIEVE
 HAS PERPETRATED A FAMILY OFFENSE OR OTHERWISE COMMITTED AN ACT  OR  ACTS
 OF  DOMESTIC  VIOLENCE AGAINST THE MISSING PERSON, REGARDLESS OF WHETHER
 ANY PROSECUTION, FAMILY OFFENSE PROCEEDING, OR CONVICTION RESULTED  FROM
 SUCH CONDUCT.
   (D)  ALL  FAIR  TREATMENT  STANDARDS AND CRITERIA REQUIRED PURSUANT TO
 THIS ARTICLE, AND ANY SERVICES AND SUPPORTS PROVIDED TO CRIME VICTIMS IN
 CONNECTION THEREWITH, SHALL BE AVAILABLE TO RELATIVES OF MISSING PERSONS
 TO THE EXTENT SUCH FAIR TREATMENT STANDARDS ARE APPLICABLE AT THE  RELE-
 VANT STAGE OF A MISSING PERSONS INVESTIGATION.
   §  3.  Paragraph  (b) of subdivision 1 of section 641 of the executive
 law, as added by chapter 94 of the laws of 1984, is amended to  read  as
 follows:
   (b)  availability  of  appropriate  public  or  private  programs that
 provide counseling, treatment or support for  crime  victims,  including
 but  not  limited  to the following: rape crisis centers, victim/witness
 assistance programs, elderly  victim  services,  TRAUMA-INFORMED  INTER-
 VENTION   SERVICES,  EMOTIONAL  SUPPORT  SERVICES,  MENTAL  HEALTH  CARE
 SERVICES, victim assistance hotlines and domestic violence shelters;
   § 4. Subdivision 5 of section 642 of the executive law, as amended  by
 chapter 263 of the laws of 1986, is amended to read as follows:
   5.  Victim  assistance  education and training, with special consider-
 ation to be given to victims of domestic violence, sex offense  victims,
 SEX  TRAFFICKING  VICTIMS,  elderly victims, child victims, RELATIVES OF
 MISSING PERSONS, and the families of homicide victims, shall be given to
 persons taking courses at state law enforcement training facilities  and
 by  district  attorneys  so  that  victims may be promptly, properly and
 completely assisted.
   § 5. The executive law is amended by adding a new section  837-f-3  to
 read as follows:
   §  837-F-3.  LAW ENFORCEMENT COLLABORATION IN MISSING PERSONS INVESTI-
 GATIONS. 1. THE DIVISION SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-THREE, IN CONSULTATION WITH THE DIVISION OF STATE  POLICE,  EVERY
 POLICE  AGENCY IN THIS STATE, EVERY DISTRICT ATTORNEY IN THIS STATE, AND
 SUCH OTHER QUALIFIED AGENCIES THE DEPARTMENT DEEMS APPROPRIATE, DEVELOP,
 ADOPT, IMPLEMENT AND THEREAFTER REGULARLY  UPDATE  A  UNIFORM  PLAN  FOR
 COLLABORATION BETWEEN POLICE AGENCIES IN MISSING PERSONS INVESTIGATIONS.
 SUCH  PLAN  SHALL INVOLVE A PRO-ACTIVE, COORDINATED RESPONSE, PLANNED IN
 ADVANCE, THAT IS TRIGGERED IMMEDIATELY UPON  CONFIRMATION  BY  A  POLICE
 OFFICER, PEACE OFFICER OR POLICE AGENCY OF A REPORT OF A MISSING PERSON.
   2. SUCH PLANS SHALL, AT A MINIMUM, REQUIRE THAT:
   (A)  THE  NAME  OF THE MISSING PERSON, A DESCRIPTION OF THE PERSON AND
 OTHER PERTINENT INFORMATION BE IMMEDIATELY DISPATCHED  OVER  THE  POLICE
 COMMUNICATION SYSTEM TO ALL LOCAL AND STATE AGENCIES;
   (B)  THERE  SHALL  BE  NO PRESUMPTION THAT PERSONS BETWEEN THE AGES OF
 NINETEEN AND SIXTY-FOUR ARE NOT MISSING;
   (C) THE AGENCY SHALL ASCERTAIN WHETHER THE MISSING PERSON  IS  OR  HAS
 BEEN  THE  VICTIM  OF  A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW OR  SECTION  EIGHT  HUNDRED
 TWELVE  OF THE FAMILY COURT ACT, AND IF SO, THE AGENCY SHALL IMMEDIATELY
 S. 7591                             3
 
 TRANSMIT SUCH INFORMATION ALONG  WITH  ANY  RECORDS  IN  ITS  POSSESSION
 RELATING  THERETO TO EVERY LOCAL AND STATE AGENCY, AND SHALL IMMEDIATELY
 REQUEST AND OBTAIN ANY SUCH RECORDS IN THE POSSESSION OF  ANOTHER  LOCAL
 OR STATE AGENCY;
   (D)  RELATIVES  OF  MISSING PERSONS ARE PROVIDED WITH THE SERVICES AND
 INFORMATION REQUIRED TO BE GIVEN TO CRIME VICTIMS  PURSUANT  TO  SECTION
 SIX HUNDRED FORTY-ONE OF THIS CHAPTER; AND
   (E) ROUTINE NOTIFICATION OF RELATIVES OF MISSING PERSONS OF THE STATUS
 OF  THE  MISSING  PERSONS  INVESTIGATION, TO THE EXTENT SUCH INFORMATION
 WILL NOT JEOPARDIZE THE INVESTIGATION  OR  THE  SAFETY  OF  THE  MISSING
 PERSON OR ANOTHER PERSON.
   3.  POLICE  AGENCIES NOT CONNECTED WITH THE BASIC POLICE COMMUNICATION
 SYSTEM IN USE IN SUCH JURISDICTION SHALL TRANSMIT  SUCH  INFORMATION  TO
 THE NEAREST OR MOST CONVENIENT TELETYPEWRITER POINT, FROM WHICH POINT IT
 SHALL BE IMMEDIATELY DISPATCHED, IN CONFORMITY WITH THE ORDERS, RULES OR
 REGULATIONS GOVERNING THE SYSTEM.
   4.  IN  THE  EVENT  THAT A POLICE AGENCY RECEIVES A REPORT OF AN ADULT
 MISSING PERSON AS DEFINED IN SECTION EIGHT HUNDRED  THIRTY-SEVEN-F-2  OF
 THIS  ARTICLE  AND  SUCH AGENCY KNOWS OR HAS REASONABLE CAUSE TO BELIEVE
 THAT SUCH MISSING ADULT PERSON IS OR HAS BEEN THE  VICTIM  OF  A  FAMILY
 OFFENSE  AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
 PROCEDURE LAW OR SECTION EIGHT HUNDRED TWELVE OF THE FAMILY  COURT  ACT,
 OR  HAS  OTHERWISE  BEEN  THE VICTIM OF DOMESTIC VIOLENCE, REGARDLESS OF
 WHETHER ANY  FAMILY  OFFENSE  PROCEEDING  OR  CRIMINAL  PROSECUTION  WAS
 COMMENCED,  THERE  SHALL  BE  A  PRESUMPTION THAT SUCH PERSON IS MISSING
 UNDER CIRCUMSTANCES WHERE THERE IS A REASONABLE CONCERN FOR HIS  OR  HER
 SAFETY.
   5.  NO DISPATCH OR TRANSMISSION OF A REPORT CONCERNING MISSING PERSONS
 SHALL BE REQUIRED BY SUCH PLAN IF THE  INVESTIGATING  POLICE  DEPARTMENT
 DETERMINES  THAT  THE  RELEASE  OF SUCH INFORMATION WOULD JEOPARDIZE THE
 INVESTIGATION OR  THE  SAFETY  OF  THE  PERSON,  OR  OTHERWISE  REQUIRES
 FORBEARANCE.
   §  6. This act shall take effect January 1, 2023. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S7591

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Sponsored By

James Sanders Jr.