S T A T E O F N E W Y O R K
________________________________________________________________________
6890
2023-2024 Regular Sessions
I N S E N A T E
May 12, 2023
___________
Introduced by Sens. MARTINEZ, WEBB -- 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 missing
persons unit within the division of state police; to amend the execu-
tive law, in relation to adding women to the responsibility of the
missing and exploited children clearinghouse; to amend the state
finance law, in relation to the missing and exploited women and chil-
dren clearinghouse fund; and to amend the tax law, in relation to the
gift for missing and exploited women and children clearinghouse fund
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 236 to
read as follows:
§ 236. MISSING PERSONS UNIT. THERE IS HEREBY ESTABLISHED WITHIN THE
DIVISION OF STATE POLICE THE MISSING PERSONS UNIT, WHICH SHALL BE A
SPECIALIZED UNIT HAVING ADVANCED TRAINING IN RESPONDING TO MISSING
PERSONS REPORTS. THE MISSING PERSONS UNIT SHALL WORK IN CONJUNCTION WITH
THE MISSING AND EXPLOITED WOMEN AND CHILDREN CLEARINGHOUSE AND PERFORM
TASKS RELATED TO INVESTIGATING MISSING PERSONS REPORTS.
§ 2. Section 837-f of the executive law, as added by chapter 880 of
the laws of 1986, subdivision 10-a as added by chapter 600 of the laws
of 1997, subdivision 12 as amended by chapter 579 of the laws of 1997,
subdivision 14 as amended by chapter 381 of the laws of 2004 and para-
graph (c) of subdivision 14 as amended by chapter 348 of the laws of
2005, is amended to read as follows:
§ 837-f. Missing and exploited WOMEN AND children clearinghouse. There
is hereby established within the division a missing and exploited WOMEN
AND children clearinghouse to provide a comprehensive and coordinated
approach to the tragic problems of missing and exploited WOMEN AND chil-
dren. In addition to the activities of the statewide central register
for missing WOMEN AND children, the commissioner shall be authorized to:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10979-02-3
S. 6890 2
1. Plan and implement programs to ensure the most effective use of
federal, state and local resources in the investigation of missing and
exploited WOMEN AND children;
2. Exchange information and resources with other states, and within
New York state, concerning missing and exploited WOMEN AND children;
3. Establish a case data base which will include nonidentifying infor-
mation on reported WOMEN AND children and facts developed in the phases
of a search, and analyze such data for the purposes of: assisting law
enforcement in their current investigations of missing and exploited
WOMEN AND children, developing prevention programs and increasing under-
standing of the nature and extent of the problem; and share the data and
analysis on a regular basis with the National Center for Missing and
Exploited Children;
4. Disseminate a directory of resources to assist in the locating of
missing WOMEN AND children;
5. Cooperate with public and private schools and organizations to
develop education and prevention programs concerning WOMEN AND child
safety for communities, parents and children;
6. Provide assistance in returning recovered WOMEN AND children who
are located out-of-state;
7. By January first, nineteen hundred eighty-seven arrange for the
development of a curriculum for the training of law enforcement person-
nel investigating cases involving missing and exploited children; AND
FURTHER BY JANUARY FIRST, TWO THOUSAND TWENTY-FIVE INCLUDE IN THE
CURRICULUM FOR THE TRAINING OF LAW ENFORCEMENT CONCERNING MISSING AND
EXPLOITED WOMEN AND MISSING AND EXPLOITED WOMEN AND CHILDREN OF COLOR
AND INDIGENOUS DESCENT;
8. Assist federal, state and local agencies in the investigation of
cases involving missing and exploited WOMEN AND children;
9. Utilize available resources to duplicate photographs and posters of
WOMEN AND children reported as missing by police and with consent of
parents, guardians or others legally responsible, disseminate this
information throughout the state;
10. Beginning on January first, nineteen hundred eighty-seven, dissem-
inate, on a regular basis, a bulletin containing information on children
in the missing children's register to the state education department
which shall then forward such bulletin to every public and private
school where parents, guardians or others legally responsible for such
children have given consent;
10-a. (a) By November first, nineteen hundred ninety-seven prescribe
general guidelines to enable the state legislature and state agencies to
assist in the location and recovery of missing WOMEN AND children. The
guidelines shall provide information relating to:
(i) the form and manner in which materials and information pertaining
to missing WOMEN AND children including but not limited to biographical
data and pictures, sketches or other likenesses may be included in
stationery, newsletters and other written or electronic printings;
(ii) appropriate sources from which such materials and information may
be obtained;
(iii) the procedures by which such materials and information may be
obtained; and
(iv) any other matter the clearinghouse considers appropriate.
(b) By January first, nineteen hundred ninety-eight arrange for the
transmission of biographical information and pictures, sketches or other
likenesses of missing WOMEN AND children to state agencies, departments
and the legislature to use in printings.
S. 6890 3
11. Operate a toll-free twenty-four hour hotline for the public to use
to relay information concerning missing WOMEN AND children;
12. Submit an annual report to the governor and legislature regarding
the activities of the clearinghouse including statistical information
involving reported cases of missing WOMEN AND children pursuant to
section eight hundred thirty-seven-m of this article and a summary of
the division's efforts with respect to the use of monies from the miss-
ing and exploited WOMEN AND children clearinghouse fund created pursuant
to section ninety-two-w of the state finance law; and
13. Take such other steps as necessary to assist in education,
prevention, service provision and investigation of cases involving miss-
ing and exploited WOMEN AND children.
14. (a) In consultation with the division of state police and other
appropriate agencies, develop, and regularly update and distribute,
model missing WOMAN OR child 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 a miss-
ing WOMAN OR child, as defined in subdivision one of section eight
hundred thirty-seven-e of this article.
(b) Such plans shall, at a minimum, provide that:
(i) the name of such missing WOMAN OR child, a description of the
WOMAN OR child and other pertinent information may be promptly
dispatched over the police communication system, pursuant to subdivision
three of section two hundred twenty-one of this chapter;
(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;
(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 WOMAN OR child alert providing pertinent details
concerning the WOMAN OR child'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 WOMAN OR child alert
providing pertinent details concerning the WOMAN OR child's disappear-
ance;
(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
WOMAN OR child shall be required by such plan if the investigating
police department advises, in its discretion, that the release of such
S. 6890 4
information may jeopardize the investigation or the safety of the WOMAN
OR child, 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 missing WOMEN OR child 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 WOMEN OR children. Such information shall include,
but not be limited to, technology using computer assisted imaging to
"age enhance" photographs of missing WOMEN OR children, and technology
that may be used to enter such photographs and other pertinent informa-
tion concerning missing WOMEN OR children into a database accessible to
appropriate officials and persons.
§ 3. Section 837-m of the executive law, as amended by chapter 255 of
the laws of 2014, is amended to read as follows:
§ 837-m. Reporting duties of law enforcement departments with respect
to missing WOMEN AND children and vulnerable adults. The chief of every
police department, each county sheriff and the superintendent of state
police shall report, at least semi-annually, to the division with
respect to specified cases of missing WOMEN AND children that are
closed. Such reports shall be in the form and manner prescribed by the
division and shall contain such information as the division deems neces-
sary including, but not limited to, information regarding recovered
WOMEN AND children who were arrested, WOMEN AND children who were the
victims of criminal activity or exploitation and WOMEN AND children who
were found deceased and information regarding the alleged abductor or
killer of such WOMEN AND children. Any law enforcement department
referred to in this section may, in its discretion, include in such
semi-annual reports information relating to missing vulnerable adults as
such term is defined in section eight hundred thirty-seven-f-one of this
article.
§ 4. Section 221 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. WHEN ANY POLICE OFFICER, PEACE OFFICER OR POLICE AGENCY IN THE
STATE SHALL RECEIVE A COMPLAINT OF A MISSING WOMAN, SUCH POLICE OFFICER,
PEACE OFFICER OR POLICE AGENCY MAY, IN HIS OR HER DISCRETION, AS APPRO-
PRIATE, CAUSE INFORMATION CONCERNING SUCH MISSING WOMAN TO BE PROMPTLY
DISPATCHED OVER THE POLICE COMMUNICATION SYSTEM. POLICE AGENCIES NOT
CONNECTED WITH THE BASIC SYSTEM 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. NO DISPATCH OR TRANSMISSION OF A
REPORT CONCERNING A MISSING WOMAN SHALL BE REQUIRED BY THIS SUBDIVISION
IF THE INVESTIGATING POLICE DEPARTMENT ADVISES, IN ITS DISCRETION, THAT
THE RELEASE OF SUCH INFORMATION MAY JEOPARDIZE THE INVESTIGATION OR THE
SAFETY OF THE WOMAN, OR REQUESTS FORBEARANCE FOR ANY REASON.
§ 5. Section 92-w of the state finance law, as added by chapter 530 of
the laws of 1994, subdivision 2 as amended by chapter 579 of the laws of
S. 6890 5
1997, subdivision 2-a as added by chapter 453 of the laws of 2015, and
the opening paragraph of subdivision 2-a as amended by section 27-e of
part UU of chapter 54 of the laws of 2016, is amended to read as
follows:
§ 92-w. Missing and exploited WOMEN AND children clearinghouse fund.
1. A special fund to be known as the "missing and exploited WOMEN AND
children clearinghouse fund" is hereby established in the custody of the
state comptroller and the commissioner of taxation and finance.
2. The fund shall consist of all monies transferred to such fund
pursuant to law, all monies required by any provision of law to be paid
into or credited to the fund, all moneys from gifts pursuant to section
six hundred twenty-eight of the tax law and any interest earnings which
may accrue from the investment of monies in the fund. Nothing contained
herein shall prevent the state from receiving grants, gifts or bequests
for the purposes of the fund as defined in this section and depositing
them into the fund according to law.
2-a. On or before the first day of February each year, the director of
the division of criminal justice services shall provide a written report
to the temporary president of the senate, speaker of the assembly, chair
of the senate finance committee, chair of the assembly ways and means
committee, chair of the senate committee on codes, chair of the assembly
codes committee, the state comptroller and the public. Such report shall
include how the monies of the fund were utilized during the preceding
calendar year, and shall include:
(i) the amount of money dispersed from the fund and the award process
used for such disbursements;
(ii) recipients of awards from the fund;
(iii) the amount awarded to each;
(iv) the purposes for which such awards were granted; and
(v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing fiscal years, along with the actual results from the prior fiscal
year.
3. Monies of the fund, when allocated, shall be available to the divi-
sion of criminal justice services for the enhancement of public informa-
tion and prevention education efforts including production of print,
video and radio advertising materials, brochures, pamphlets and outdoor
advertising, or for any other activity or purpose that will aid in the
prevention of the exploitation of WOMEN AND children or in the recovery
of missing and exploited WOMEN AND children, as deemed necessary by the
missing and exploited WOMEN AND children clearinghouse created pursuant
to section eight hundred thirty-seven-f of the executive law.
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the director of
the division of criminal justice services.
§ 6. Section 628 of the tax law, as added by chapter 579 of the laws
of 1997, is amended to read as follows:
§ 628. Gift for missing and exploited WOMEN AND children clearinghouse
fund. Effective for any tax year commencing on or after January first,
nineteen hundred ninety-seven, an individual in any taxable year may
elect to contribute to the missing and exploited WOMEN AND children
clearinghouse fund. Such contribution shall be in any whole dollar
amount and shall not reduce the amount of state tax owed by such indi-
vidual. The commissioner shall include space on the personal income tax
return form to enable a taxpayer to make such contribution. Notwith-
standing any other provision of law, all revenues collected pursuant to
S. 6890 6
this section shall be paid to the missing and exploited WOMEN AND chil-
dren clearinghouse fund established pursuant to and used only for those
purposes enumerated in section ninety-two-w of the state finance law.
§ 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
