S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6812
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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 SUCH PERSON'S SAFETY OR WHOSE DISAP-
 PEARANCE HAS BEEN DETERMINED BY LAW ENFORCEMENT TO  HAVE  BEEN  INVOLUN-
 TARY.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08157-01-5
              

 A. 6812                             2
 
 CONVICTED 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 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]
 RESIDENTIAL AND NON-RESIDENTIAL SERVICES;
   §  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-SEVEN,  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  AND  COMMUNITY-BASED ORGANIZATIONS THE
 DEPARTMENT DEEMS APPROPRIATE, DEVELOP, ADOPT, IMPLEMENT  AND  THEREAFTER
 ANNUALLY 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;
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   (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 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, PROVIDED THAT AN INITIAL NOTIFICATION IS  MADE
 NO  LATER  THAN SEVEN DAYS AFTER THE PERSON GOES MISSING AND THEN WEEKLY
 THEREAFTER; PROVIDED, HOWEVER,  IF  NO  NEW  INFORMATION  IS  AVAILABLE,
 FUTURE  NOTIFICATIONS  SHOULD  OCCUR  WHEN  SUCH NEW INFORMATION BECOMES
 AVAILABLE.
   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 SUCH
 PERSON'S 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, 2027. 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.