STATE OF NEW YORK
________________________________________________________________________
7562
2021-2022 Regular Sessions
IN SENATE
December 3, 2021
___________
Introduced by Sen. SALAZAR -- 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 the creation of a
"purple alert system" for missing victims of domestic violence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 837-w
2 to read as follows:
3 § 837-w. Purple alert system; missing victims of domestic violence. 1.
4 With the cooperation of the department of transportation, the office of
5 the governor, and other appropriate law enforcement agencies in the
6 state, the division shall develop and implement a statewide purple alert
7 system to be activated on behalf of a missing victim of domestic
8 violence, as defined in subdivision one of section four hundred fifty-
9 nine-a of the social services law, who has elected to participate in the
10 purple alert system.
11 2. The commissioner shall designate a statewide coordinator of the
12 purple alert system. The commissioner shall adopt rules and issue direc-
13 tives as necessary to ensure proper implementation of the purple alert
14 system. The rules and directives shall include:
15 (a) the procedures to be used by a law enforcement agency to verify
16 whether a victim of domestic violence is missing;
17 (b) a description of the circumstances under which a law enforcement
18 agency is required to report a missing victim of domestic violence to
19 the division;
20 (c) the procedures to be used by an individual or entity to report
21 information about a missing victim of domestic violence to designated
22 media outlets in the state;
23 (d) guidelines for releasing only the information necessary in order
24 to protect the privacy of a missing victim of domestic violence for whom
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13506-01-1
S. 7562 2
1 a purple alert has been issued, including compliance with the Health
2 Insurance Portability and Accountability Act of 1996;
3 (e) forms for use by law enforcement agencies in requesting activation
4 of the purple alert system; and
5 (f) a determination as to how an individual shall elect to participate
6 in such alert system.
7 3. (a) The purple alert system shall include all state agencies capa-
8 ble of providing urgent and timely information to the public, together
9 with broadcasters, private commercial entities and state or local
10 governmental entities who volunteer to participate in the dissemination
11 of urgent public information.
12 (b) Such alert system shall include, but shall not be limited to, the
13 division, the New York lottery and the department of transportation,
14 which shall establish a plan for providing information to the public
15 through an existing system of dynamic message signs located across the
16 state.
17 4. A law enforcement agency shall notify the division if the agency
18 receives a report regarding a missing victim of domestic violence who is
19 determined by the agency to be a participant in the purple alert system.
20 5. (a) When a law enforcement agency notifies the division, the divi-
21 sion shall confirm the accuracy of the information and, if confirmed,
22 immediately issue an alert under this section in accordance with divi-
23 sion rules.
24 (b) In issuing the alert, the division shall send the alert to media
25 outlets in the state, in accordance with subdivision three of this
26 section. Following receipt of the alert, participating media outlets may
27 issue the alert at designated intervals to assist in locating the miss-
28 ing victim of domestic violence.
29 (c) Upon activation of the purple alert system, the division may
30 request interstate activation in a neighboring state or Canadian prov-
31 ince if warranted. If an activation area is adjacent to a border, the
32 United States Customs and Border Patrol and Canadian Customs shall also
33 receive notification.
34 (d) The alert must include:
35 (i) all appropriate information that is provided by the law enforce-
36 ment agency under this section and that may lead to the safe recovery of
37 the missing victim of domestic violence; and
38 (ii) a statement instructing any person with information related to
39 the missing victim of domestic violence to contact the applicable law
40 enforcement agency.
41 (e) The commissioner shall terminate any activation of the alert with
42 respect to a particular missing victim of domestic violence not later
43 than the earlier of the date on which:
44 (i) the missing victim of domestic violence is located, or the situ-
45 ation is otherwise resolved; or
46 (ii) the notification period ends, as determined by the division's
47 rules.
48 (f) A law enforcement agency that locates a missing victim of domestic
49 violence who is the subject of an alert under this section shall notify
50 the division as soon as possible that the missing victim of domestic
51 violence has been located.
52 6. The department of transportation is not required to use any exist-
53 ing system of dynamic message signs in a statewide alert system created
54 under this section if the department of transportation receives notice
55 from the United States Department of Transportation Federal Highway
56 Administration that the use of the signs would result in the loss of
S. 7562 3
1 federal highway funding or other punitive actions taken against the
2 state due to noncompliance with federal laws, regulations, or policies.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.
