Bill S7864-2013

Requires police agencies to take reports of missing adults whenever the adult is reported to be missing

Requires police agencies to take reports of missing adults whenever the adult is reported to be missing.

Details

Actions

  • Jun 19, 2014: referred to governmental operations
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1631
  • Jun 16, 2014: REFERRED TO RULES

Meetings

Votes

Memo

BILL NUMBER:S7864

TITLE OF BILL: An act to amend the executive law, in relation to requiring police agencies to take reports of missing adults whenever the adult is reported to be missing

PURPOSE OR GENERAL IDEA OF BILL: To amend the executive law in relation to requiring police agencies to take reports of missing adults whenever the adult is reported to be missing.

SUMMARY OF PROVISIONS:

Section 1 sets forth that this act shall be known and may be cited as "Lamont Dottin's law".

Section 2 establishes in the event a police agency receives a report of a missing person, and such person does not qualify as a missing child or an a vulnerable adult, the police agency shall collect the information required to file an electronic report to the National Crime Information Center Register. Within 24 hours of taking the report, if the police agency has not been notified that the person has been located, the police agency shall submit the report to the National Crime Information Center Register.

JUSTIFICATION: Anita Fowler's son, LaMont Dottin, was a freshman at Queens College (CUNY) when he disappeared on October 18, 1995 after leaving his grandmother's house to mail a package to his mother, who was in California. Dr. Fowler returned immediately to New York and began searching for her son. She tried to report him as missing, but due to police regulations she was unable to file a report until November 13, 1995. Dr. Fowler searched for five years, when she found that her son's body was found six days after she reported him as missing and lay unidentified in a grave at Potter's Field since February 1996. This legislation seeks to prevent future confusion and heartache by requiring law enforcement to take a report whenever a person is reported missing and send such report to the National Crime Information Center Register.

This will create a permanent record of all reports of missing persons. This will assist law enforcement in searching for such person if it is determined subsequent that such person is indeed missing. Further, in the event the missing person is located in either a hospital or a morgue, this registry will assist in identifying the person and will reunite the missing person with his or her family or, if the person is deceased, it will help the family some semblance of closure.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7864 IN SENATE June 16, 2014 ___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to requiring police agen- cies to take reports of missing adults whenever the adult is reported to be missing 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 "Lamont Dottin's law". S 2. The executive law is amended by adding a new section 837-f-2 to read as follows: S 837-F-2. MISSING ADULTS. IN THE EVENT THAT A POLICE AGENCY RECEIVES A REPORT THAT A PERSON IS MISSING FROM HIS OR HER NORMAL AND ORDINARY PLACE OF RESIDENCE AND WHOSE WHEREABOUTS CANNOT BE DETERMINED BY A PERSON WHOSE RELATIONSHIP WITH SUCH PERSON WOULD PLACE THEM IN A POSI- TION TO HAVE KNOWLEDGE OF THEIR WHEREABOUTS, AND SUCH MISSING PERSON DOES NOT QUALIFY AS EITHER A MISSING CHILD PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW OR A VULNERABLE ADULT PURSU- ANT TO EXECUTIVE LAW SECTION EIGHT HUNDRED THIRTY-SEVEN-1 OF THE EXECU- TIVE LAW, THE POLICE AGENCY SHALL COLLECT INFORMATION NECESSARY TO FILE AN ELECTRONIC REPORT WITH THE NATIONAL CRIME INFORMATION CENTER REGIS- TER. WITHIN TWENTY-FOUR HOURS OF COLLECTING THE INFORMATION, IF THE POLICE AGENCY HAS NOT BEEN NOTIFIED THAT THE MISSING PERSON HAS BEEN LOCATED, THE POLICE AGENCY SHALL SUBMIT AN ELECTRONIC REPORT REGARDING THE MISSING PERSON WITH THE NATIONAL CRIME INFORMATION CENTER REGISTER. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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