Bendett, 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
MLTSPNSR
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3230
SPONSOR: Flood 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.
STATE OF NEW YORK
________________________________________________________________________
3230
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.
LBD06753-01-3
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.
