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.
STATE OF NEW YORK
________________________________________________________________________
3526
2011-2012 Regular Sessions
IN ASSEMBLY
January 25, 2011
___________
Introduced by M. of A. REILLY, SPANO, N. RIVERA -- read once and
referred to the Committee on Governmental Operations
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 informa-
tion and notification to family members of missing persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Lori Ann's
2 law".
3 § 2. The executive law is amended by adding a new article 11-A to read
4 as follows:
5 ARTICLE 11-A
6 PROCEDURES FOR LAW ENFORCEMENT OFFICERS,
7 CORONERS/MEDICAL EXAMINERS AND OTHER GOVERNMENT
8 PERSONNEL RELATING TO MISSING PERSONS REPORTS
9 AND IDENTIFYING UNIDENTIFIED PERSONS/HUMAN REMAINS
10 Section 235. Missing person reports.
11 236. Law enforcement analysis and reporting of missing person
12 information.
13 237. Reporting of unidentified persons/human remains.
14 238. Unidentified persons/human remains identification responsi-
15 bilities.
16 § 235. Missing person reports. 1. Report acceptance. All law enforce-
17 ment agencies within the state shall accept without delay any report of
18 a missing person. Acceptance of a missing person report may not be
19 refused on any ground. No law enforcement agency may refuse to accept a
20 missing persons report on the basis that:
21 (a) the missing person is an adult;
22 (b) the circumstances do not indicate foul play;
23 (c) the person has been missing for a short period of time;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03501-01-1
A. 3526 2
1 (d) the person has been missing for a long period of time;
2 (e) there is no indication that the missing person was in the juris-
3 diction served by the law enforcement agency at the time of the disap-
4 pearance;
5 (f) the circumstances suggest that the disappearance may be voluntary;
6 (g) the person reporting does not have personal knowledge of the
7 facts;
8 (h) the reporting individual cannot provide all of the information
9 requested by the law enforcement agency;
10 (i) the reporting person lacks a familial or other relationship with
11 the missing person;
12 (j) or for any other reason.
13 2. Manner of reporting. All law enforcement agencies shall accept
14 missing person reports in person. Law enforcement agencies are encour-
15 aged to accept reports by phone or by electronic or other media to the
16 extent that such reporting is consistent with law enforcement policies
17 or practices.
18 3. Contents of report. In accepting a report of a missing person, the
19 law enforcement agency shall attempt to gather relevant information
20 relating to the disappearance. The law enforcement agency shall attempt
21 to gather at the time of the report information that shall include, but
22 not be limited to, the following:
23 (a) The name of the missing person (including alternative names used);
24 (b) The date of birth;
25 (c) Identifying marks (such as birthmarks, moles, tattoos, scars,
26 etc.);
27 (d) Height and weight;
28 (e) Gender;
29 (f) Race;
30 (g) Current hair color and true or natural hair color;
31 (h) Eye color;
32 (i) Prosthetics, surgical implants, or cosmetic implants;
33 (j) Physical anomalies;
34 (k) Blood type (if known);
35 (l) Drivers License number (if known);
36 (m) Social Security Number (if known);
37 (n) A photograph of the missing person (recent photographs are prefer-
38 able; the agency is encouraged to attempt to ascertain the approximate
39 date the photograph was taken);
40 (o) A description of the clothing the missing person was believed to
41 be wearing;
42 (p) A description of items that might be with the missing person
43 (jewelry, accessories, shoes or boots, etc.);
44 (q) Information on missing person's electronic communications devices
45 such as but not limited to cell phone numbers, email addresses, etc.;
46 (r) The reasons why the reporting person believes that the person is
47 missing;
48 (s) Name and location of missing person's school or employer (if
49 known);
50 (t) Name and location of missing person's dentist and/or primary care
51 physician (if known);
52 (u) Any circumstances that may indicate that the disappearance was not
53 voluntary;
54 (v) Any circumstances that indicate that the missing person may be at
55 risk of injury or death;
A. 3526 3
1 (w) A description of the possible means of transportation of the miss-
2 ing person (including make, model, color, license, and VIN of a vehi-
3 cle);
4 (x) Any identifying information about a known or possible abductor
5 and/or person last seen with the missing person including:
6 (i) Name;
7 (ii) A physical description;
8 (iii) Date of birth;
9 (iv) Identifying marks;
10 (v) The description of possible means of transportation (including
11 make, model, color, license, and VIN of a vehicle);
12 (vi) Known associates;
13 (y) Any other information that can aid in locating the missing person;
14 and
15 (z) Date of last contact.
16 4. Notification and follow up action. (a) The law enforcement agency
17 shall notify the person making the report, a family member, or other
18 person in a position to assist the law enforcement agency in its efforts
19 to locate the missing person:
20 (i) Of general information about the handling of the missing person
21 case or about intended efforts in the case to the extent that the law
22 enforcement agency determines that disclosure would not adversely affect
23 its ability to locate or protect the missing person, to apprehend or
24 prosecute any person criminally involved in the disappearance;
25 (ii) That the person making the report or other necessary person
26 should promptly contact the law enforcement agency if the missing person
27 remains missing to provide additional information and materials that
28 will aid in locating the missing person. The law enforcement agency
29 should also notify the person of the specific information or materials
30 needed such as credit/debit cards the missing person has access to (and
31 other banking information) and records of cell phone use;
32 (iii) That any DNA samples provided for the missing person case are
33 provided on a voluntary basis and will be used solely to help locate or
34 identify the missing person and will not be used for any other purpose;
35 (iv) The law enforcement agency is encouraged to make available infor-
36 mational materials (through publications or electronic or other media)
37 that advise the public about how the information or materials identified
38 in this subdivision are used to help locate or identify missing persons.
39 (b) If the person identified in the missing person report remains
40 missing after thirty days, and the additional information and materials
41 specified below have not been received, the law enforcement agency shall
42 attempt to obtain:
43 (i) DNA samples from family members and/or from the missing person
44 along with any needed documentation, including any consent forms,
45 required for the use of State or Federal DNA databases including but not
46 limited to the Local DNA Database (LDIS), State DNA Database (SDIS), and
47 National DNA Database (NDIS);
48 (ii) An authorization to release dental or skeletal x-rays of the
49 missing person;
50 (iii) Any additional photographs of the missing person that may aid
51 the investigation or an identification. The law enforcement agency shall
52 not be required to obtain written authorization before it releases
53 publicly any photograph that would aid in the investigation or identifi-
54 cation of the missing person;
55 (iv) Dental information and x-rays; and
56 (v) Fingerprints.
A. 3526 4
1 (c) All DNA samples obtained in missing person cases shall be imme-
2 diately forwarded to the state police for analysis. The state police
3 should establish procedures for determining how to prioritize analysis
4 of the samples relating to missing persons cases;
5 (d) Information relevant to the federal bureau of investigation's
6 violent criminal apprehension program shall be entered as soon as possi-
7 ble.
8 § 236. Law enforcement analysis and reporting of missing person infor-
9 mation. 1. Prompt determination of high-risk missing person. A high-
10 risk missing person is an individual whose whereabouts is not currently
11 known and the circumstances indicate that the individual may be at risk
12 of injury or death. The circumstances that indicate that an individual
13 is a "high-risk missing person" include any of the following, but are
14 not limited to:
15 (a) The person is missing as a result of a stranger abduction;
16 (b) The person is missing under suspicious circumstances;
17 (c) The person is missing under unknown circumstances;
18 (d) The person is missing under known dangerous circumstances;
19 (e) The person is missing more than thirty days;
20 (f) The person has already been designated as a "high-risk missing
21 person" by another law enforcement agency;
22 (g) There is evidence that the person is at risk because:
23 (i) The person missing is in need of medical attention, or
24 prescription medication;
25 (ii) The person missing does not have a pattern of running away or
26 disappearing;
27 (iii) The person missing may have been abducted by a non-custodial
28 parent;
29 (iv) The person missing is mentally impaired;
30 (v) The person missing is a person under the age of twenty-one;
31 (vi) The person missing has been the subject of past threats or acts
32 of violence.
33 (h) Any other factor that may, in the judgment of the law enforcement
34 official, determine that the missing person may be at risk.
35 2. Law enforcement risk assessment. (a) Upon initial receipt of a
36 missing person report, the law enforcement agency shall immediately
37 determine whether there is a basis to determine that the person missing
38 is a high-risk missing person;
39 (b) If a law enforcement agency has previously determined that a miss-
40 ing person is not a high-risk missing person, but obtains new informa-
41 tion, it shall immediately determine whether the information provided to
42 the law enforcement agency indicates that the person missing is a high-
43 risk missing person;
44 (c) Risk assessments identified in this paragraph shall be performed
45 no later than two hours after the initial missing person report or the
46 new information was provided to the law enforcement agency; and
47 (d) Law enforcement agencies are encouraged to establish written
48 protocols for the handling of missing person cases to accomplish the
49 purpose of this article.
50 3. Law enforcement agency reports. (a) When the law enforcement agency
51 determines that the missing person is a high-risk missing person it
52 shall notify the state police. It shall immediately provide to the state
53 police the information most likely to aid in the location and safe
54 return of the high-risk missing person. It shall provide as soon as
55 practicable all other information obtained relating to the missing
56 person case;
A. 3526 5
1 (b) The state police shall promptly notify all law enforcement agen-
2 cies within the state and surrounding region of the information that
3 will aid in the prompt location and safe return of the high-risk missing
4 person;
5 (c) The local law enforcement agencies who received the notification
6 from the state police shall notify officers to "be on the look out" for
7 the missing person or a suspected abductor;
8 (d) The responding local law enforcement agency shall immediately
9 enter all collected information relating to the missing person case in
10 available state and federal databases. If the responding local law
11 enforcement agency does not have the capability to enter this data
12 directly in the state and federal databases, the state police shall
13 immediately enter all collected information relating to the missing
14 person case in available state and federal databases. The information
15 shall be provided in accordance with applicable guidelines relating to
16 the databases. The information shall be entered as follows:
17 (i) A missing person report in high-risk missing person cases (and
18 relevant information provided in the report) shall be entered in the
19 national crime information center database immediately, by no more than
20 two hours of the determination that the missing person is a high-risk
21 missing person. All other missing person reports (and relevant informa-
22 tion provided in the report) shall be entered within one day after the
23 missing person report is received. Supplemental information in high-risk
24 missing person cases should be entered as soon as practicable;
25 (ii) All DNA profiles shall be uploaded into the missing person data-
26 bases of the State DNA Index System (SDIS) and National DNA Index System
27 (NDIS) after completion of the DNA analysis and other procedures
28 required for database entry;
29 (iii) Information relevant to the federal bureau of investigation's
30 violent criminal apprehension program shall be entered as soon as possi-
31 ble.
32 (e) The state police shall ensure that persons entering data relating
33 to medical or dental records in state or federal databases are specif-
34 ically trained to understand and correctly enter the information sought
35 by these databases. The state police are strongly encouraged to either
36 use persons with specific expertise in medical or dental records for
37 this purpose or consult with expert medical examiners, forensic anthro-
38 pologists, or odontologists to ensure the accuracy and completeness of
39 information entered into the state and federal databases;
40 (f) Pursuant to any applicable state criteria, local law enforcement
41 agencies should also provide for the prompt use of an amber alert or
42 public dissemination of photographs in appropriate high-risk cases.
43 § 237. Reporting of unidentified persons/human remains. 1. Handling of
44 death scene investigations. (a) The state police shall provide informa-
45 tion to local law enforcement agencies about best practices for handling
46 death scene investigations;
47 (b) The state police shall identify any publications or training
48 opportunities that may be available to local law enforcement agencies or
49 law enforcement officers concerning the handling of death scene investi-
50 gations.
51 2. Law enforcement reports. (a) After performing any death scene
52 investigation deemed appropriate under the circumstances, the official
53 with custody of the human remains shall ensure that the human remains
54 are delivered to the appropriate coroner or medical examiner;
A. 3526 6
1 (b) Any person with custody of human remains that are not identified
2 within twenty-four hours of discovery shall promptly notify the state
3 police of the location of those remains;
4 (c) If the person with custody of remains cannot determine whether or
5 not the remains found are human, they shall notify the state police of
6 the existence of possible human remains.
7 § 238. Unidentified persons/human remains identification responsibil-
8 ities. 1. If the official with custody of the human remains is not a
9 medical examiner, the official shall promptly transfer the unidentified
10 remains to the appropriate medical examiner qualified to examine human
11 remains for the purpose of identification with responsibility for seek-
12 ing to determine the identity of the human remains.
13 2. Notwithstanding any other action deemed appropriate for the handl-
14 ing of the human remains, the medical examiner shall make reasonable
15 attempts to promptly identify human remains. These actions may include,
16 but not be limited to, obtaining:
17 (a) Photographs of the human remains (prior to an autopsy);
18 (b) Dental or skeletal X-rays;
19 (c) Photographs of items found with the human remains;
20 (d) Fingerprints from the remains (if possible);
21 (e) Samples of tissue suitable for DNA typing (if possible);
22 (f) Samples of whole bone and/or hair suitable for DNA typing;
23 (g) Any other information that may support identification efforts.
24 3. No medical examiner or any other person shall dispose of, or engage
25 in actions that will materially affect the unidentified human remains
26 before the medical examiner obtains:
27 (a) Samples suitable for DNA identification, archiving;
28 (b) Photographs of the unidentified person/human remains; and
29 (c) All other appropriate steps for identification have been
30 exhausted.
31 4. Cremation of unidentified human remains is prohibited.
32 5. The medical examiner, coroner, or the state police shall make
33 reasonable efforts to obtain prompt DNA analysis of biological samples,
34 if the human remains have not been identified by other means within
35 thirty days.
36 6. A medical examiner or coroner, designated by the state police shall
37 seek support from appropriate state and federal agencies for human
38 remains identification efforts. Such support may include, but shall not
39 be limited to, available mitochondrial or nuclear DNA testing, federal
40 grants for DNA testing, or federal grants for crime laboratory or
41 medical examiner office improvement.
42 7. A medical examiner designated by the state police shall promptly
43 enter information in federal and state databases that can aid in the
44 identification of missing persons. Information shall be entered into
45 federal databases as follows:
46 (a) Information for the national crime information center within twen-
47 ty-four hours;
48 (b) DNA profiles and information shall be entered into the National
49 DNA Index System (NDIS) within five business days after the completion
50 of the DNA analysis and procedures necessary for the entry of the DNA
51 profile; and
52 (c) Information sought by the violent criminal apprehension program
53 database as soon as practicable.
54 8. If medical examiner office personnel do not input the data directly
55 into the federal databases, the state police shall consult with the
56 medical examiners office to ensure appropriate training of the data
A. 3526 7
1 entry personnel and the establishment of a quality assurance protocol
2 for ensuring the ongoing quality of data entered in the federal and
3 state databases.
4 9. Nothing in this article shall be interpreted to preclude any
5 medical examiner office, the state police, or a local law enforcement
6 agency from pursuing other efforts to identify unidentified human
7 remains including efforts to publicize information, descriptions or
8 photographs that may aid in the identification of the unidentified
9 remains, allow family members to identify missing persons, and seek to
10 protect the dignity of the missing person.
11 § 3. This act shall take effect January 1, 2012.
