S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8345
 
                             I N  S E N A T E
 
                             January 19, 2024
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation  to  the  creation  of  a
   "ebony alert system" for missing Black youth
 
   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-y
 to read as follows:
   §  837-Y. EBONY 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 EBONY  ALERT
 SYSTEM  TO BE ACTIVATED ON BEHALF OF BLACK YOUTH, INCLUDING YOUNG WOMEN,
 MEN, NONBINARY, BOYS, AND GIRLS, WHO ARE REPORTED  MISSING  UNDER  UNEX-
 PLAINED  OR SUSPICIOUS CIRCUMSTANCES, AT RISK, DEVELOPMENTALLY DISABLED,
 OR COGNITIVELY IMPAIRED, OR WHO HAVE BEEN ABDUCTED.
   2. THE COMMISSIONER SHALL DESIGNATE A  STATEWIDE  COORDINATOR  OF  THE
 EBONY  ALERT SYSTEM. THE COMMISSIONER SHALL ADOPT RULES AND ISSUE DIREC-
 TIVES AS NECESSARY TO ENSURE PROPER IMPLEMENTATION OF  THE  EBONY  ALERT
 SYSTEM. THE RULES AND DIRECTIVES SHALL INCLUDE:
   (A) THE PROCEDURES TO BE USED BY A LAW ENFORCEMENT AGENCY TO DETERMINE
 THAT AN EBONY ALERT WOULD BE AN EFFECTIVE TOOL IN THE INVESTIGATION OF A
 MISSING BLACK YOUTH, WHICH SHALL INCLUDE THE FOLLOWING FACTORS:
   (I)  THE  MISSING PERSON IS TWELVE TO TWENTY-FIVE YEARS OF AGE, INCLU-
 SIVE;
   (II) THE MISSING PERSON SUFFERS FROM A MENTAL OR PHYSICAL DISABILITY;
   (III) THE PERSON IS MISSING UNDER CIRCUMSTANCES THAT INDICATE  ANY  OF
 THE FOLLOWING:
   (1) THE MISSING PERSON'S PHYSICAL SAFETY MAY BE ENDANGERED; OR
   (2) THE MISSING PERSON MAY BE SUBJECT TO TRAFFICKING;
   (IV)  THE  LAW  ENFORCEMENT AGENCY DETERMINES THAT THE PERSON HAS GONE
 MISSING UNDER UNEXPLAINED OR SUSPICIOUS CIRCUMSTANCES;
   (V) THE LAW ENFORCEMENT AGENCY BELIEVES THAT THE PERSON IS  IN  DANGER
 BECAUSE OF AGE, HEALTH, MENTAL OR PHYSICAL DISABILITY, OR ENVIRONMENT OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13918-01-3
 S. 8345                             2
 
 WEATHER  CONDITIONS,  THAT THE PERSON IS IN THE COMPANY OF A POTENTIALLY
 DANGEROUS PERSON, OR THAT THERE ARE OTHER FACTORS  INDICATING  THAT  THE
 PERSON MAY BE IN PERIL;
   (VI)  THE  INVESTIGATING LAW ENFORCEMENT AGENCY HAS UTILIZED AVAILABLE
 LOCAL RESOURCES; AND
   (VII) THERE IS INFORMATION AVAILABLE  THAT,  IF  DISSEMINATED  TO  THE
 PUBLIC, COULD ASSIST IN THE SAFE RECOVERY OF THE MISSING PERSON;
   (B)  THE  PROCEDURES  TO  BE USED BY AN INDIVIDUAL OR ENTITY TO REPORT
 INFORMATION ABOUT A MISSING BLACK YOUTH TO DESIGNATED MEDIA  OUTLETS  IN
 THE STATE;
   (C)  GUIDELINES  FOR RELEASING ONLY THE INFORMATION NECESSARY IN ORDER
 TO PROTECT THE PRIVACY OF A MISSING BLACK YOUTH FOR WHOM A  EBONY  ALERT
 HAS  BEEN  ISSUED, INCLUDING COMPLIANCE WITH THE HEALTH INSURANCE PORTA-
 BILITY AND ACCOUNTABILITY ACT OF 1996; AND
   (D) FORMS FOR USE BY LAW ENFORCEMENT AGENCIES IN REQUESTING ACTIVATION
 OF THE EBONY ALERT SYSTEM.
   3. (A) THE EBONY ALERT SYSTEM SHALL INCLUDE ALL STATE AGENCIES CAPABLE
 OF PROVIDING URGENT AND TIMELY INFORMATION TO THE PUBLIC, TOGETHER  WITH
 BROADCASTERS,  PRIVATE  COMMERCIAL  ENTITIES  AND STATE OR LOCAL GOVERN-
 MENTAL 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) WHEN A LAW ENFORCEMENT AGENCY REQUESTS ACTIVATION OF THE EBONY
 ALERT SYSTEM, THE DIVISION SHALL CONFIRM THE ACCURACY OF THE INFORMATION
 AND, IF CONFIRMED, IMMEDIATELY ISSUE AN  ALERT  UNDER  THIS  SECTION  IN
 ACCORDANCE WITH DIVISION 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 BLACK YOUTH.
   (C) UPON ACTIVATION OF  THE  EBONY  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 BLACK YOUTH; AND
   (II)  A  STATEMENT  INSTRUCTING ANY PERSON WITH INFORMATION RELATED TO
 THE MISSING BLACK YOUTH TO CONTACT THE APPLICABLE LAW ENFORCEMENT  AGEN-
 CY.
   (E)  THE COMMISSIONER SHALL TERMINATE ANY ACTIVATION OF THE ALERT WITH
 RESPECT TO A PARTICULAR MISSING BLACK YOUTH NOT LATER THAN  THE  EARLIER
 OF THE DATE ON WHICH:
   (I)  THE MISSING BLACK YOUTH IS LOCATED, OR THE SITUATION IS OTHERWISE
 RESOLVED; OR
   (II) THE NOTIFICATION PERIOD ENDS, AS  DETERMINED  BY  THE  DIVISION'S
 RULES.
 S. 8345                             3
 
   (F) A LAW ENFORCEMENT AGENCY THAT LOCATES A MISSING BLACK YOUTH WHO IS
 THE  SUBJECT OF AN ALERT UNDER THIS SECTION SHALL NOTIFY THE DIVISION AS
 SOON AS POSSIBLE THAT THE MISSING BLACK YOUTH HAS BEEN LOCATED.
   5.  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.