Provides for the creation of an ebony alert system to be activated on behalf of Black youth who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8386A
SPONSOR: Burroughs TITLE OF BILL:
An act to amend the executive law, in relation to the creation of a
"ebony alert system" for missing Black youth
PURPOSE OR GENERAL IDEA OF BILL:
To establish an Ebony Alert System to facilitate the prompt dissem-
ination of information regarding missing Black youth and young adults
who may be at risk of harm.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 837-f-3 to the Executive Law establishing
an Ebony Alert System within the Division of Criminal Justice Services,
through the Missing Children Clearinghouse and in consultation with the
Division of State Police, to disseminate information regarding missing
Black youth.
-Authorizes law enforcement agencies investigating a missing person case
to request activation of an Ebony Alert through the Missing Children
Clearinghouse and requires the Division to determine whether activation
criteria have been met.
-Provides that an Ebony Alert may be activated where the missing indi-
vidual is between twelve and twenty-five years of age, the disappearance
is unexplained or suspicious, the individual suffers from a mental or
physical disability, may be at risk of trafficking, exploitation, or
other criminal activity, is believed to be in danger or peril, and
sufficient descriptive information exists to assist in recovery efforts.
-Authorizes dissemination of alert information through law enforcement
communications systems, broadcast and digital media, wireless emergency
alerts, social media platforms, and other public notification systems
used by the Missing Children Clearinghouse.
-Further requires coordination among the Division of Criminal Justice
Services, the Division of State Police, the Division of Homeland Securi-
ty and Emergency Services, the Department of Transportation, local law
enforcement agencies, and other appropriate entities involved in missing
persons investigations. The Department of Transportation may assist in
disseminating alert information through highway communication systems
consistent with applicable federal law.
-Authorizes interstate coordination when a missing person may have
crossed jurisdictional boundaries and requires that dissemination of
information comply with applicable privacy laws and be limited to infor-
mation necessary to assist in recovery efforts.
-Further directs the commissioner, in consultation with the Division of
State Police and the Missing Children Clearinghouse, to promulgate rules
and regulations necessary to implement the system. The bill also
provides that the Ebony Alert System shall operate in coordination with
other statewide missing persons alert systems and prohibits simultaneous
activation of multiple statewide alert systems for the same missing
person.
Section 2 requires the commissioner to submit an annual report to the
Governor and Legislature regarding the activities of the Ebony Alert
System, including statistical information and a summary of activities
undertaken pursuant to the program.
Section 3 provides that the act shall take effect on the ninetieth day
after it shall have become law.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
Black youth, particularly those aged 12 to 25, are disproportionately
represented among missing persons cases yet often receive less media
coverage and law enforcement prioritization. This bill addresses these
disparities by creating a targeted alert system similar to existing
Amber or Silver Alerts. It ensures timely and widespread dissemination
of information that could lead to the safe recovery of vulnerable indi-
viduals, enhancing public safety and community responsiveness.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
