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
________________________________________________________________________
659
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sens. VALESKY, KLEIN, HASSELL-THOMPSON -- 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 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03501-01-1
S. 659 2
1 (b) the circumstances do not indicate foul play;
2 (c) the person has been missing for a short period of time;
3 (d) the person has been missing for a long period of time;
4 (e) there is no indication that the missing person was in the juris-
5 diction served by the law enforcement agency at the time of the disap-
6 pearance;
7 (f) the circumstances suggest that the disappearance may be voluntary;
8 (g) the person reporting does not have personal knowledge of the
9 facts;
10 (h) the reporting individual cannot provide all of the information
11 requested by the law enforcement agency;
12 (i) the reporting person lacks a familial or other relationship with
13 the missing person;
14 (j) or for any other reason.
15 2. Manner of reporting. All law enforcement agencies shall accept
16 missing person reports in person. Law enforcement agencies are encour-
17 aged to accept reports by phone or by electronic or other media to the
18 extent that such reporting is consistent with law enforcement policies
19 or practices.
20 3. Contents of report. In accepting a report of a missing person, the
21 law enforcement agency shall attempt to gather relevant information
22 relating to the disappearance. The law enforcement agency shall attempt
23 to gather at the time of the report information that shall include, but
24 not be limited to, the following:
25 (a) The name of the missing person (including alternative names used);
26 (b) The date of birth;
27 (c) Identifying marks (such as birthmarks, moles, tattoos, scars,
28 etc.);
29 (d) Height and weight;
30 (e) Gender;
31 (f) Race;
32 (g) Current hair color and true or natural hair color;
33 (h) Eye color;
34 (i) Prosthetics, surgical implants, or cosmetic implants;
35 (j) Physical anomalies;
36 (k) Blood type (if known);
37 (l) Drivers License number (if known);
38 (m) Social Security Number (if known);
39 (n) A photograph of the missing person (recent photographs are prefer-
40 able; the agency is encouraged to attempt to ascertain the approximate
41 date the photograph was taken);
42 (o) A description of the clothing the missing person was believed to
43 be wearing;
44 (p) A description of items that might be with the missing person
45 (jewelry, accessories, shoes or boots, etc.);
46 (q) Information on missing person's electronic communications devices
47 such as but not limited to cell phone numbers, email addresses, etc.;
48 (r) The reasons why the reporting person believes that the person is
49 missing;
50 (s) Name and location of missing person's school or employer (if
51 known);
52 (t) Name and location of missing person's dentist and/or primary care
53 physician (if known);
54 (u) Any circumstances that may indicate that the disappearance was not
55 voluntary;
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1 (v) Any circumstances that indicate that the missing person may be at
2 risk of injury or death;
3 (w) A description of the possible means of transportation of the miss-
4 ing person (including make, model, color, license, and VIN of a vehi-
5 cle);
6 (x) Any identifying information about a known or possible abductor
7 and/or person last seen with the missing person including:
8 (i) Name;
9 (ii) A physical description;
10 (iii) Date of birth;
11 (iv) Identifying marks;
12 (v) The description of possible means of transportation (including
13 make, model, color, license, and VIN of a vehicle);
14 (vi) Known associates;
15 (y) Any other information that can aid in locating the missing person;
16 and
17 (z) Date of last contact.
18 4. Notification and follow up action. (a) The law enforcement agency
19 shall notify the person making the report, a family member, or other
20 person in a position to assist the law enforcement agency in its efforts
21 to locate the missing person:
22 (i) Of general information about the handling of the missing person
23 case or about intended efforts in the case to the extent that the law
24 enforcement agency determines that disclosure would not adversely affect
25 its ability to locate or protect the missing person, to apprehend or
26 prosecute any person criminally involved in the disappearance;
27 (ii) That the person making the report or other necessary person
28 should promptly contact the law enforcement agency if the missing person
29 remains missing to provide additional information and materials that
30 will aid in locating the missing person. The law enforcement agency
31 should also notify the person of the specific information or materials
32 needed such as credit/debit cards the missing person has access to (and
33 other banking information) and records of cell phone use;
34 (iii) That any DNA samples provided for the missing person case are
35 provided on a voluntary basis and will be used solely to help locate or
36 identify the missing person and will not be used for any other purpose;
37 (iv) The law enforcement agency is encouraged to make available infor-
38 mational materials (through publications or electronic or other media)
39 that advise the public about how the information or materials identified
40 in this subdivision are used to help locate or identify missing persons.
41 (b) If the person identified in the missing person report remains
42 missing after thirty days, and the additional information and materials
43 specified below have not been received, the law enforcement agency shall
44 attempt to obtain:
45 (i) DNA samples from family members and/or from the missing person
46 along with any needed documentation, including any consent forms,
47 required for the use of State or Federal DNA databases including but not
48 limited to the Local DNA Database (LDIS), State DNA Database (SDIS), and
49 National DNA Database (NDIS);
50 (ii) An authorization to release dental or skeletal x-rays of the
51 missing person;
52 (iii) Any additional photographs of the missing person that may aid
53 the investigation or an identification. The law enforcement agency shall
54 not be required to obtain written authorization before it releases
55 publicly any photograph that would aid in the investigation or identifi-
56 cation of the missing person;
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1 (iv) Dental information and x-rays; and
2 (v) Fingerprints.
3 (c) All DNA samples obtained in missing person cases shall be imme-
4 diately forwarded to the state police for analysis. The state police
5 should establish procedures for determining how to prioritize analysis
6 of the samples relating to missing persons cases;
7 (d) Information relevant to the federal bureau of investigation's
8 violent criminal apprehension program shall be entered as soon as possi-
9 ble.
10 § 236. Law enforcement analysis and reporting of missing person infor-
11 mation. 1. Prompt determination of high-risk missing person. A high-
12 risk missing person is an individual whose whereabouts is not currently
13 known and the circumstances indicate that the individual may be at risk
14 of injury or death. The circumstances that indicate that an individual
15 is a "high-risk missing person" include any of the following, but are
16 not limited to:
17 (a) The person is missing as a result of a stranger abduction;
18 (b) The person is missing under suspicious circumstances;
19 (c) The person is missing under unknown circumstances;
20 (d) The person is missing under known dangerous circumstances;
21 (e) The person is missing more than thirty days;
22 (f) The person has already been designated as a "high-risk missing
23 person" by another law enforcement agency;
24 (g) There is evidence that the person is at risk because:
25 (i) The person missing is in need of medical attention, or
26 prescription medication;
27 (ii) The person missing does not have a pattern of running away or
28 disappearing;
29 (iii) The person missing may have been abducted by a non-custodial
30 parent;
31 (iv) The person missing is mentally impaired;
32 (v) The person missing is a person under the age of twenty-one;
33 (vi) The person missing has been the subject of past threats or acts
34 of violence.
35 (h) Any other factor that may, in the judgment of the law enforcement
36 official, determine that the missing person may be at risk.
37 2. Law enforcement risk assessment. (a) Upon initial receipt of a
38 missing person report, the law enforcement agency shall immediately
39 determine whether there is a basis to determine that the person missing
40 is a high-risk missing person;
41 (b) If a law enforcement agency has previously determined that a miss-
42 ing person is not a high-risk missing person, but obtains new informa-
43 tion, it shall immediately determine whether the information provided to
44 the law enforcement agency indicates that the person missing is a high-
45 risk missing person;
46 (c) Risk assessments identified in this paragraph shall be performed
47 no later than two hours after the initial missing person report or the
48 new information was provided to the law enforcement agency; and
49 (d) Law enforcement agencies are encouraged to establish written
50 protocols for the handling of missing person cases to accomplish the
51 purpose of this article.
52 3. Law enforcement agency reports. (a) When the law enforcement agency
53 determines that the missing person is a high-risk missing person it
54 shall notify the state police. It shall immediately provide to the state
55 police the information most likely to aid in the location and safe
56 return of the high-risk missing person. It shall provide as soon as
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1 practicable all other information obtained relating to the missing
2 person case;
3 (b) The state police shall promptly notify all law enforcement agen-
4 cies within the state and surrounding region of the information that
5 will aid in the prompt location and safe return of the high-risk missing
6 person;
7 (c) The local law enforcement agencies who received the notification
8 from the state police shall notify officers to "be on the look out" for
9 the missing person or a suspected abductor;
10 (d) The responding local law enforcement agency shall immediately
11 enter all collected information relating to the missing person case in
12 available state and federal databases. If the responding local law
13 enforcement agency does not have the capability to enter this data
14 directly in the state and federal databases, the state police shall
15 immediately enter all collected information relating to the missing
16 person case in available state and federal databases. The information
17 shall be provided in accordance with applicable guidelines relating to
18 the databases. The information shall be entered as follows:
19 (i) A missing person report in high-risk missing person cases (and
20 relevant information provided in the report) shall be entered in the
21 national crime information center database immediately, by no more than
22 two hours of the determination that the missing person is a high-risk
23 missing person. All other missing person reports (and relevant informa-
24 tion provided in the report) shall be entered within one day after the
25 missing person report is received. Supplemental information in high-risk
26 missing person cases should be entered as soon as practicable;
27 (ii) All DNA profiles shall be uploaded into the missing person data-
28 bases of the State DNA Index System (SDIS) and National DNA Index System
29 (NDIS) after completion of the DNA analysis and other procedures
30 required for database entry;
31 (iii) Information relevant to the federal bureau of investigation's
32 violent criminal apprehension program shall be entered as soon as possi-
33 ble.
34 (e) The state police shall ensure that persons entering data relating
35 to medical or dental records in state or federal databases are specif-
36 ically trained to understand and correctly enter the information sought
37 by these databases. The state police are strongly encouraged to either
38 use persons with specific expertise in medical or dental records for
39 this purpose or consult with expert medical examiners, forensic anthro-
40 pologists, or odontologists to ensure the accuracy and completeness of
41 information entered into the state and federal databases;
42 (f) Pursuant to any applicable state criteria, local law enforcement
43 agencies should also provide for the prompt use of an amber alert or
44 public dissemination of photographs in appropriate high-risk cases.
45 § 237. Reporting of unidentified persons/human remains. 1. Handling of
46 death scene investigations. (a) The state police shall provide informa-
47 tion to local law enforcement agencies about best practices for handling
48 death scene investigations;
49 (b) The state police shall identify any publications or training
50 opportunities that may be available to local law enforcement agencies or
51 law enforcement officers concerning the handling of death scene investi-
52 gations.
53 2. Law enforcement reports. (a) After performing any death scene
54 investigation deemed appropriate under the circumstances, the official
55 with custody of the human remains shall ensure that the human remains
56 are delivered to the appropriate coroner or medical examiner;
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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
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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.
