Enacts "Lori Ann's law" to establish procedures for law enforcement to locate and return missing persons; requires law enforcement agencies to immediately accept any missing person report; requires collection of identifying data of such person.

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S2168-2013 Actions

• Jan 14, 2013: REFERRED TO FINANCE

S2168-2013 Memo

BILL NUMBER:S2168

TITLE OF BILL:  An act to amend the executive law, in relation to
improving the ability of law enforcement to locate and return missing
persons, to improving the identification of human remains, and to
improving timely information and notification to family members of
missing persons

PURPOSE OF BILL:  To establish statewide procedures for law
enforcement in the event of a missing person case, identification of
human remains and notification to family members.

SUMMARY OF SPECIFIC PROVISIONS:  The executive law is amended to add a
new Article II-A establishing procedures for law enforcement officers,
coroners/medical examiners and other governmental personnel relating
to missing persons reports and identifying unidentified persons/human
remains.

Section 235 adds provisions that establish procedures for missing
persons report content and acceptance.

Section 236 adds provisions that direct law enforcement analysis and
reporting of missing person information including prompt determination
of high-risk missing person.

Sections 237-238 add provisions that establish procedures for
reporting of unidentified persons/human remains; and responsibilities
associated with identification of unidentified persons/human remains.

JUSTIFICATION:  In the spring of 2005, a woman named Lori Ann Leonard
from Chittenango, NY, in the Town of Sullivan, went missing. According
to reports, she had recently met someone over the Internet and had
gone to meet that person. Several months later, her remains were found
not far from the home of the person she had met. This case, which
included several jurisdictions, highlighted the need for
standardization of procedures. The investigators from Chittenango
Police, New York State Police, Hudson Falls Police Department, and
Washington County Sheriff's Department worked together to bring
closure to this case, overcoming the obstacles Presented by the
fragmentation of procedures and lack of uniform policies. In response
to this tragic local missing person case, this legislation has been
drafted establishing statewide procedures for law enforcement in the
event of a missing person case.

This bill is meant to help standardize the procedures and to adopt
protocol that will help identify high-risk missing persons. It is not
the intention of this legislation to unduly burden local police
departments with erroneous reports, which is why specific provisions
deal with identification of "high-risk,' missing person cases. To
ensure local feasibility, several police departments were contacted
before the bill was introduced and asked to comment on the
legislation. This legislation is based on model legislation being
proposed by the United States Department of Justice and the Federal
Bureau of Investigation to help facilitate missing persons
investigations.


LEGISLATIVE HISTORY:

S.659 of 2011 5.1603 of 2009 S.2216 of 2007 S.8253 of 2006

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: January 1, 2014

S2168-2013 Text

Not Available.