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A03230 Summary:

COSPNSRBendett, DeStefano, Brown E, McDonough, Gallahan, Brabenec, McGowan, Hawley, Durso, Tague, Beephan, Manktelow, Morinello, Maher, Palmesano, Mikulin, Miller, Gray, Darling, Lemondes, Blumencranz, Angelino, Novakhov, Chang, Brown K, Byrnes, Norris, Simpson
Add §837-f-3, Exec L
Establishes a coordinated law enforcement adult rescue "teal alert" for missing adults; provides that local law enforcement agencies notify the division of criminal justice services about missing adults; provides that such division shall issue an alert about such missing adult.
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A03230 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: 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   PURPOSE: This bill would opt New York into the nationwide alert system for miss- ing adults between the ages of 18 and 64. Currently, no alert system exists in New York for most individuals in this age group.   SUMMARY OF PROVISIONS: Section 1. Designates this act as "Gabby's Law", establishing a "Teal Alert" for missing adults between the ages of 18 and 64 in New York and opting into the national alert system known as the "Ashanti Alert Act". Section 2. Adds a new section 837-f-3 to the executive law, which creates a coordinated law enforcement adult rescue public notification for missing adults, where the disappearance was not voluntary and the missing adult is in imminent danger of bodily injury or death. This section would require the Division of Criminal Justice Services to adopt rules and issue directives for the implementation of the alert system and recruit the assistance of appropriate persons and entities, includ- ing media private and commercial and state and local government entities in developing and implementing the system. Section 3. Establishes the effective date.   JUSTIFICATION: Gabby Petito was a 22-year old woman from Long Island who went missing while traveling across the United States with her boyfriend. Despite the fact that her family did not hear from Gabby or see any social media posts from her for days, Gabby was not reported missing until 11 days after her last communication with her parents. The story became an international news story and vigils were held around the globe day and night praying for her safe return. Tragically, Gabby's remains were ultimately found in the Bridger-Teton National Forest in Wyoming eight days after she was reported missing and a total of 19 days since her parents last had contact with her. Gabby's death was ruled a homicide and although such an alert system may not have saved her, the investi- gation revealed that she had contact with several individuals during the final days of her life and had they known she was possibly in danger the result may have been different. The Ashanti's Alert Act is a national alert system that provides a voluntary nationwide alert/public notification system (similar to an AMBER alert for minors or a Silver Alert for seniors) when a missing adult between the ages of 18 and 64 goes missing. At the present, only a few states currently participate in this network. This legislation would opt New York into the Ashanti's Alert Act allowing New York to join the network and to help save the lives of individuals between ages 18 and 64 who are missing, abducted or in danger. New York has established coordinated law enforcement alert systems for missing children and missing vulnerable adults with mental health issues but there is currently no similar system for adults who are not consid- ered "vulnerable". This bill would create an Amber Alert type system that would allow for early reports of missing adults, including victims of domestic violence who are believed to be in danger and would ensure that information related to their disappearance is quickly disseminated to the public to help, allowing for a greater likelihood that the miss- ing adult is found safe and unharmed. The Gabby Petito case evoked tremendous sympathy and awareness regarding this issue. Friends, families and advocates wore teal colored ribbons on her behalf representing her green/blue eye color. In line with the AMBER and Silver Alerts, this public notice would be designated a "Teal" Alert.   LEGISLATIVE HISTORY: 2022 S.7584.   FISCAL IMPLICATIONS: Costs to the State should be minimal as the alert system infrastructure already exists   EFFECTIVE DATE: Immediately.
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A03230 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Gabby's law" establishing a "teal alert".
     3    §  2.  The executive law is amended by adding a new section 837-f-3 to
     4  read as follows:
     5    § 837-f-3. Coordinated law enforcement adult rescue alert for  missing
     6  adults. 1. Definitions. As used in this section:
     7    (a)  "Adult"  means a person who is eighteen years of age or older but
     8  younger than sixty-five years of age.
     9    (b) "Alert" means the  statewide  coordinated  law  enforcement  adult
    10  rescue  alert for missing adults that is developed and implemented under
    11  this section.
    12    (c) "Bodily injury" means physical pain, illness, or any impairment of
    13  physical condition.
    14    (d) "Local law enforcement agency" means a local law enforcement agen-
    15  cy with jurisdiction over the investigation of a missing adult.
    16    2. With the cooperation  of  the  department  of  transportation,  the
    17  office  of  the governor, and other appropriate law enforcement agencies
    18  in this state, the division shall develop  and  implement  a  system  to
    19  allow a statewide alert to be activated on behalf of a missing adult.
    20    3.  (a)  The  commissioner  shall  be the statewide coordinator of the
    21  alert system.
    22    (b) The commissioner shall adopt rules and issue directives as  neces-
    23  sary  to ensure proper implementation of the alert system. The rules and
    24  directives shall include:

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

        A. 3230                             2
     1    (i) the procedures to be used by a local  law  enforcement  agency  to
     2  verify  whether  an  adult is missing and whether circumstances indicate
     3  that:
     4    (A) the missing adult is in imminent danger of bodily injury or death;
     5  or
     6    (B)  the  disappearance  of the missing adult may not have been volun-
     7  tary, including cases of abduction or kidnapping; and
     8    (C) the missing adult's disappearance poses a credible threat  to  the
     9  safety  and  health of the individual or another identifiable person and
    10  under such circumstances also deemed appropriate by law enforcement;
    11    (ii) a description of  the  circumstances  under  which  a  local  law
    12  enforcement  agency  is  required to report a missing adult to the divi-
    13  sion; and
    14    (iii) the procedures to be used by an individual or entity  to  report
    15  information  about  a  missing adult to designated media outlets in this
    16  state.
    17    (c) The commissioner shall  prescribe  forms  for  use  by  local  law
    18  enforcement agencies in requesting activation of the alert system.
    19    4.  The  division  shall  recruit public and commercial television and
    20  radio broadcasters, private commercial entities, state or local  govern-
    21  mental  entities, the public, and other appropriate persons to assist in
    22  developing and implementing the alert system.
    23    5. (a) A state agency participating in the alert system shall:
    24    (i) cooperate with the division and assist in  developing  and  imple-
    25  menting the alert system; and
    26    (ii)  establish a plan for providing relevant information to its offi-
    27  cers, investigators, or employees, as appropriate, once the alert system
    28  has been activated.
    29    (b) In addition to its duties as a state agency under paragraph (a) of
    30  this subdivision, the department of  transportation  shall  establish  a
    31  plan  for providing relevant information to the public through an exist-
    32  ing system of dynamic message signs located across the state.
    33    6. (a) A local law enforcement agency shall notify the division if the
    34  agency:
    35    (i) receives a report regarding a missing adult;
    36    (ii) verifies that at the time the adult is reported missing:
    37    (A) the person reported missing is eighteen years of age or older  but
    38  younger than sixty-five years of age;
    39    (B) the adult's location is unknown; and
    40    (C) the adult has been missing for less than seventy-two hours;
    41    (iii)  confirms  that a preliminary investigation has taken place with
    42  respect to the disappearance and that, as  a  result  of  that  investi-
    43  gation,  the  agency  believes  that  the adult is missing under circum-
    44  stances described by subparagraph (i) of paragraph  (b)  of  subdivision
    45  three of this section; and
    46    (iv)  believes  sufficient  information is available to disseminate to
    47  the public that could assist in locating the adult, a  person  suspected
    48  of  abducting  or  kidnapping the adult, or a vehicle suspected of being
    49  used by the adult or in any abduction or kidnapping of the adult.
    50    (b) The division may modify the criteria described by paragraph (a) of
    51  this subdivision as necessary for the proper implementation of the alert
    52  system.
    53    7. (a) When a local  law  enforcement  agency  notifies  the  division
    54  pursuant  to subdivision six of this section, the division shall confirm
    55  the accuracy of the information and, if confirmed, immediately issue  an

        A. 3230                             3
     1  alert  under  this  section  in accordance with the division's rules and
     2  directives under subdivision three of this section.
     3    (b)  The  division  may issue the alert on its own initiative, without
     4  receiving the notification described by paragraph (a) of  this  subdivi-
     5  sion,  if  the  issuance conforms to the division's rules and directives
     6  and if the criteria described by paragraph (a)  of  subdivision  six  of
     7  this section are satisfied.
     8    (c)  In issuing the alert, the division shall send the alert to desig-
     9  nated media outlets in this  state.  Following  receipt  of  the  alert,
    10  participating  radio  stations and television stations and other partic-
    11  ipating media outlets may issue the alert  at  designated  intervals  to
    12  assist in locating the missing adult.
    13    (d) The division shall also send the alert to:
    14    (i) any appropriate law enforcement agency;
    15    (ii) the department of transportation;
    16    (iii) the New York lottery; and
    17    (iv) the independent bankers association of New York state.
    18    8. The alert shall include:
    19    (a)  all appropriate information that may lead to the safe recovery of
    20  the missing adult, as determined by the division; and
    21    (b) a statement instructing any person with information related to the
    22  missing adult to contact a local or state law enforcement agency.
    23    9. (a) The commissioner shall terminate any activation  of  the  alert
    24  with respect to a particular missing adult not later than the earlier of
    25  the date on which:
    26    (i)  the  missing  adult  is  located  or  the  situation is otherwise
    27  resolved; or
    28    (ii) the notification period ends, as determined by division rule.
    29    (b) A local law enforcement agency that locates a missing adult who is
    30  the subject of an alert under this section shall notify the division  as
    31  soon as possible that the missing adult has been located.
    32    10.  (a)  Notwithstanding  paragraph  (b)  of subdivision five of this
    33  section, the department of transportation is not  required  to  use  any
    34  existing  system  of  dynamic  message signs in a statewide alert system
    35  created under this section if such department receives notice  from  the
    36  United  States  department  of  transportation  federal highway adminis-
    37  tration that the use of such signs would result in the loss  of  federal
    38  highway  funding  or other punitive actions taken against this state due
    39  to noncompliance with federal laws, regulations, or policies.
    40    (b) Not later than one year after the effective date of this  section,
    41  the  division  shall  submit to the governor, the temporary president of
    42  the senate, and the speaker of the  assembly  a  report  containing  the
    43  results  of the study conducted pursuant to paragraph (a) of this subdi-
    44  vision, including any recommendations for proposed legislation.
    45    § 3. This act shall take effect immediately.
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