Enacts the expedited missing persons' identification act.
TITLE OF BILL: An act to amend the executive law, in relation to enacting the expedited missing persons' identification act
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 designates the title of this bill.
Section 2 would amend section 838 of the Executive Law to require DCJS to promptly make available personal descriptions and other identifying data of unidentified deceased persons found to all law enforcement agencies in the state, and upon request, to agencies outside of the state. This provision excludes DNA data and other invasive investigative information that family members may object to.
Section 3 would provide for the effective date.
This bill would create an expedited notification process where DCJS would be required to promptly send personal descriptions and other identifying information of discovered unidentified deceased persons to all law enforcement agencies in the state, and upon request, to other jurisdictions. This would allow law enforcement agencies to compare the information received from DCJS to their files of missing persons. Through this notification process, law enforcement would be able to collaborate with DCJS and other police agencies in order to correctly identify deceased individuals and reduce the time it takes for law enforcement to make proper identification.
An expedited process will strengthen the investigation by ensuring the prompt utilization and preservation of evidence. It will aid in the preservation of the human dignity of the deceased by speeding up the ceremonial processes which occur once a body is reclaimed. Most importantly, it will bring closure to the grieving family and community of the deceased. This bill will also give families the opportunity to file an objection more rapidly to prevent an autopsy of a deceased person which is their right under current law.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect one year after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6750 IN SENATE March 6, 2014 ___________Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to enacting the expedited missing persons' identification act 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 the "expedited missing persons' identification act." S 2. Subdivision 1 of section 838 of the executive law, as added by chapter 670 of the laws of 1982, is amended to read as follows: 1. Every county medical examiner and coroner shall furnish the divi- sion promptly with copies of fingerprints on standardized eight inch by eight inch fingerprint cards, personal descriptions and other identify- ing data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the coroner where the deceased is not identified or the medical examiner or coroner is not satisfied with the decedent's identification. THE DIVISION SHALL PROMPTLY MAKE AVAILABLE PERSONAL DESCRIPTIONS AND OTHER IDENTIFYING DATA, INCLUDING DATE AND PLACE OF DEATH, OF SUCH DECEASED PERSONS TO ALL LAW ENFORCEMENT AGENCIES IN THE STATE, AND UPON REQUEST, TO LAW ENFORCE- MENT AGENCIES OUTSIDE OF THE STATE. S 3. This act shall take effect one year after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14243-03-4