S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3230
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. FLOOD -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to enacting "Gabby's law"
   establishing a coordinated law enforcement adult rescue  "teal  alert"
   for missing adults
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Gabby's law" establishing a "teal alert".
   §  2.  The executive law is amended by adding a new section 837-f-3 to
 read as follows:
   § 837-F-3. COORDINATED LAW ENFORCEMENT ADULT RESCUE ALERT FOR  MISSING
 ADULTS. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "ADULT"  MEANS A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER BUT
 YOUNGER THAN SIXTY-FIVE YEARS OF AGE.
   (B) "ALERT" MEANS THE  STATEWIDE  COORDINATED  LAW  ENFORCEMENT  ADULT
 RESCUE  ALERT FOR MISSING ADULTS THAT IS DEVELOPED AND IMPLEMENTED UNDER
 THIS SECTION.
   (C) "BODILY INJURY" MEANS PHYSICAL PAIN, ILLNESS, OR ANY IMPAIRMENT OF
 PHYSICAL CONDITION.
   (D) "LOCAL LAW ENFORCEMENT AGENCY" MEANS A LOCAL LAW ENFORCEMENT AGEN-
 CY WITH JURISDICTION OVER THE INVESTIGATION OF A MISSING ADULT.
   2. WITH THE COOPERATION  OF  THE  DEPARTMENT  OF  TRANSPORTATION,  THE
 OFFICE  OF  THE GOVERNOR, AND OTHER APPROPRIATE LAW ENFORCEMENT AGENCIES
 IN THIS STATE, THE DIVISION SHALL DEVELOP  AND  IMPLEMENT  A  SYSTEM  TO
 ALLOW A STATEWIDE ALERT TO BE ACTIVATED ON BEHALF OF A MISSING ADULT.
   3.  (A)  THE  COMMISSIONER  SHALL  BE THE STATEWIDE COORDINATOR OF THE
 ALERT SYSTEM.
   (B) THE COMMISSIONER SHALL ADOPT RULES AND ISSUE DIRECTIVES AS  NECES-
 SARY  TO ENSURE PROPER IMPLEMENTATION OF THE ALERT SYSTEM. THE RULES AND
 DIRECTIVES SHALL INCLUDE:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06753-01-3
              

 A. 3230                             2
 
   (I) THE PROCEDURES TO BE USED BY A LOCAL  LAW  ENFORCEMENT  AGENCY  TO
 VERIFY  WHETHER  AN  ADULT IS MISSING AND WHETHER CIRCUMSTANCES INDICATE
 THAT:
   (A) THE MISSING ADULT IS IN IMMINENT DANGER OF BODILY INJURY OR DEATH;
 OR
   (B)  THE  DISAPPEARANCE  OF THE MISSING ADULT MAY NOT HAVE BEEN VOLUN-
 TARY, INCLUDING CASES OF ABDUCTION OR KIDNAPPING; AND
   (C) THE MISSING ADULT'S DISAPPEARANCE POSES A CREDIBLE THREAT  TO  THE
 SAFETY  AND  HEALTH OF THE INDIVIDUAL OR ANOTHER IDENTIFIABLE PERSON AND
 UNDER SUCH CIRCUMSTANCES ALSO DEEMED APPROPRIATE BY LAW ENFORCEMENT;
   (II) A DESCRIPTION OF  THE  CIRCUMSTANCES  UNDER  WHICH  A  LOCAL  LAW
 ENFORCEMENT  AGENCY  IS  REQUIRED TO REPORT A MISSING ADULT TO THE DIVI-
 SION; AND
   (III) THE PROCEDURES TO BE USED BY AN INDIVIDUAL OR ENTITY  TO  REPORT
 INFORMATION  ABOUT  A  MISSING ADULT TO DESIGNATED MEDIA OUTLETS IN THIS
 STATE.
   (C) THE COMMISSIONER SHALL  PRESCRIBE  FORMS  FOR  USE  BY  LOCAL  LAW
 ENFORCEMENT AGENCIES IN REQUESTING ACTIVATION OF THE ALERT SYSTEM.
   4.  THE  DIVISION  SHALL  RECRUIT PUBLIC AND COMMERCIAL TELEVISION AND
 RADIO BROADCASTERS, PRIVATE COMMERCIAL ENTITIES, STATE OR LOCAL  GOVERN-
 MENTAL  ENTITIES, THE PUBLIC, AND OTHER APPROPRIATE PERSONS TO ASSIST IN
 DEVELOPING AND IMPLEMENTING THE ALERT SYSTEM.
   5. (A) A STATE AGENCY PARTICIPATING IN THE ALERT SYSTEM SHALL:
   (I) COOPERATE WITH THE DIVISION AND ASSIST IN  DEVELOPING  AND  IMPLE-
 MENTING THE ALERT SYSTEM; AND
   (II)  ESTABLISH A PLAN FOR PROVIDING RELEVANT INFORMATION TO ITS OFFI-
 CERS, INVESTIGATORS, OR EMPLOYEES, AS APPROPRIATE, ONCE THE ALERT SYSTEM
 HAS BEEN ACTIVATED.
   (B) IN ADDITION TO ITS DUTIES AS A STATE AGENCY UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, THE DEPARTMENT OF  TRANSPORTATION  SHALL  ESTABLISH  A
 PLAN  FOR PROVIDING RELEVANT INFORMATION TO THE PUBLIC THROUGH AN EXIST-
 ING SYSTEM OF DYNAMIC MESSAGE SIGNS LOCATED ACROSS THE STATE.
   6. (A) A LOCAL LAW ENFORCEMENT AGENCY SHALL NOTIFY THE DIVISION IF THE
 AGENCY:
   (I) RECEIVES A REPORT REGARDING A MISSING ADULT;
   (II) VERIFIES THAT AT THE TIME THE ADULT IS REPORTED MISSING:
   (A) THE PERSON REPORTED MISSING IS EIGHTEEN YEARS OF AGE OR OLDER  BUT
 YOUNGER THAN SIXTY-FIVE YEARS OF AGE;
   (B) THE ADULT'S LOCATION IS UNKNOWN; AND
   (C) THE ADULT HAS BEEN MISSING FOR LESS THAN SEVENTY-TWO HOURS;
   (III)  CONFIRMS  THAT A PRELIMINARY INVESTIGATION HAS TAKEN PLACE WITH
 RESPECT TO THE DISAPPEARANCE AND THAT, AS  A  RESULT  OF  THAT  INVESTI-
 GATION,  THE  AGENCY  BELIEVES  THAT  THE ADULT IS MISSING UNDER CIRCUM-
 STANCES DESCRIBED BY SUBPARAGRAPH (I) OF PARAGRAPH  (B)  OF  SUBDIVISION
 THREE OF THIS SECTION; AND
   (IV)  BELIEVES  SUFFICIENT  INFORMATION IS AVAILABLE TO DISSEMINATE TO
 THE PUBLIC THAT COULD ASSIST IN LOCATING THE ADULT, A  PERSON  SUSPECTED
 OF  ABDUCTING  OR  KIDNAPPING THE ADULT, OR A VEHICLE SUSPECTED OF BEING
 USED BY THE ADULT OR IN ANY ABDUCTION OR KIDNAPPING OF THE ADULT.
   (B) THE DIVISION MAY MODIFY THE CRITERIA DESCRIBED BY PARAGRAPH (A) OF
 THIS SUBDIVISION AS NECESSARY FOR THE PROPER IMPLEMENTATION OF THE ALERT
 SYSTEM.
   7. (A) WHEN A LOCAL  LAW  ENFORCEMENT  AGENCY  NOTIFIES  THE  DIVISION
 PURSUANT  TO SUBDIVISION SIX OF THIS SECTION, THE DIVISION SHALL CONFIRM
 THE ACCURACY OF THE INFORMATION AND, IF CONFIRMED, IMMEDIATELY ISSUE  AN
 A. 3230                             3
 
 ALERT  UNDER  THIS  SECTION  IN ACCORDANCE WITH THE DIVISION'S RULES AND
 DIRECTIVES UNDER SUBDIVISION THREE OF THIS SECTION.
   (B)  THE  DIVISION  MAY ISSUE THE ALERT ON ITS OWN INITIATIVE, WITHOUT
 RECEIVING THE NOTIFICATION DESCRIBED BY PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  IF  THE  ISSUANCE CONFORMS TO THE DIVISION'S RULES AND DIRECTIVES
 AND IF THE CRITERIA DESCRIBED BY PARAGRAPH (A)  OF  SUBDIVISION  SIX  OF
 THIS SECTION ARE SATISFIED.
   (C)  IN ISSUING THE ALERT, THE DIVISION SHALL SEND THE ALERT TO DESIG-
 NATED MEDIA OUTLETS IN THIS  STATE.  FOLLOWING  RECEIPT  OF  THE  ALERT,
 PARTICIPATING  RADIO  STATIONS AND TELEVISION STATIONS AND OTHER PARTIC-
 IPATING MEDIA OUTLETS MAY ISSUE THE ALERT  AT  DESIGNATED  INTERVALS  TO
 ASSIST IN LOCATING THE MISSING ADULT.
   (D) THE DIVISION SHALL ALSO SEND THE ALERT TO:
   (I) ANY APPROPRIATE LAW ENFORCEMENT AGENCY;
   (II) THE DEPARTMENT OF TRANSPORTATION;
   (III) THE NEW YORK LOTTERY; AND
   (IV) THE INDEPENDENT BANKERS ASSOCIATION OF NEW YORK STATE.
   8. THE ALERT SHALL INCLUDE:
   (A)  ALL APPROPRIATE INFORMATION THAT MAY LEAD TO THE SAFE RECOVERY OF
 THE MISSING ADULT, AS DETERMINED BY THE DIVISION; AND
   (B) A STATEMENT INSTRUCTING ANY PERSON WITH INFORMATION RELATED TO THE
 MISSING ADULT TO CONTACT A LOCAL OR STATE LAW ENFORCEMENT AGENCY.
   9. (A) THE COMMISSIONER SHALL TERMINATE ANY ACTIVATION  OF  THE  ALERT
 WITH RESPECT TO A PARTICULAR MISSING ADULT NOT LATER THAN THE EARLIER OF
 THE DATE ON WHICH:
   (I)  THE  MISSING  ADULT  IS  LOCATED  OR  THE  SITUATION IS OTHERWISE
 RESOLVED; OR
   (II) THE NOTIFICATION PERIOD ENDS, AS DETERMINED BY DIVISION RULE.
   (B) A LOCAL LAW ENFORCEMENT AGENCY THAT LOCATES A MISSING ADULT WHO IS
 THE SUBJECT OF AN ALERT UNDER THIS SECTION SHALL NOTIFY THE DIVISION  AS
 SOON AS POSSIBLE THAT THE MISSING ADULT HAS BEEN LOCATED.
   10.  (A)  NOTWITHSTANDING  PARAGRAPH  (B)  OF SUBDIVISION FIVE OF THIS
 SECTION, THE DEPARTMENT OF TRANSPORTATION IS NOT  REQUIRED  TO  USE  ANY
 EXISTING  SYSTEM  OF  DYNAMIC  MESSAGE SIGNS IN A STATEWIDE ALERT SYSTEM
 CREATED UNDER THIS SECTION IF SUCH DEPARTMENT RECEIVES NOTICE  FROM  THE
 UNITED  STATES  DEPARTMENT  OF  TRANSPORTATION  FEDERAL HIGHWAY ADMINIS-
 TRATION THAT THE USE OF SUCH SIGNS WOULD RESULT IN THE LOSS  OF  FEDERAL
 HIGHWAY  FUNDING  OR OTHER PUNITIVE ACTIONS TAKEN AGAINST THIS STATE DUE
 TO NONCOMPLIANCE WITH FEDERAL LAWS, REGULATIONS, OR POLICIES.
   (B) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 THE  DIVISION  SHALL  SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY  A  REPORT  CONTAINING  THE
 RESULTS  OF THE STUDY CONDUCTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION, INCLUDING ANY RECOMMENDATIONS FOR PROPOSED LEGISLATION.
   § 3. This act shall take effect immediately.