Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5570
SPONSOR: Anderson TITLE OF BILL:
An act to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agencies
in missing persons investigations and to provide support for relatives
of such missing persons
PURPOSE:
This bill will ensure collaboration across Missing Person & Domestic
Violence departments in law enforcement agencies throughout New York
State and ensure families of missing persons are provided with adequate
resources
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This act shall be known and may be cited as "Destini Smoth-
ers' law".
Section 5. The executive law is amended by adding a new section 837-f-3
to read as follows:
§ 83743. Law enforcement collaboration in missing persons investigation.
The division shall on or before January first two thousand twenty-three
in consultation with the division of state police every police agency in
this state, every district attorney in this state, and such other quali-
fied agencies the department deems appropriate, develop, adopt, imple-
ment and thereafter regularly update a uniform plan for collaboration
between police agencies in missing persons investigations. Such a plan
shall involve a proactive coordinated response planned in advance that
is triggered immediately upon confirmation by a police officer, peace
officer or police agency of a report of a missing person.
(a) the name of the missing person, a description of the person and
other pertinent information be immediately dispatched over the police
communication system to all local and state agencies;
(b) there shall be no presumption that persons between the ages of nine-
teen and sixty-four are not missing;
(c) the agency shall ascertain whether the missing person is or has been
the victim of a family offense as defined in subdivision one of section
530.11 of the criminal procedure law or section eight hundred twelve of
the family court act, and if so, the agency shall immediately transmit
such information along with any records in its possession relating ther-
eto to every local and state agency, and shall immediately request and
obtain any such records in the possession of another local or state
agency.
JUSTIFICATION:
Destini Smothers went missing on November 3rd, 2020. She was last seen
late that night leaving Bowlero bowling alley in Woodside, where she
attended a birthday party with her intimate partner. Smothers had gotten
into a "heated argument" with her intimate partner, who is the father of
her kids, according to a missing persons report. Those close to Destini,
had reported she was a victim of domestic violence for many years.
On March 10th, 2021, Destini Smothers' body was found in the back of her
car near 134th Ave. in Springfield Gardens, Queens. Before going miss-
ing, Destini and her boyfriend lived in Troy, NY. This necessitated
communication between the NYPD and the Troy Police Department. Between
the time Destini went missing and when she was found, her family
consistently reported major issues in communication between law enforce-
ment agencies in Troy, New York, and the NYPD, as well as a lack of
urgency and willingness to engage her family. It was not until Day 9 of
Smothers going missing, that the case was taken by law enforcement.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect January 1, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
5570
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agen-
cies in missing persons investigations and to provide support for
relatives of such 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 "Destini Smoth-
2 ers' law".
3 § 2. Section 640 of the executive law is amended by adding a new
4 subdivision 3 to read as follows:
5 3. (a) For the purposes of this article, the term "crime victim" shall
6 include a relative of a missing person as defined in paragraph (c) of
7 this subdivision.
8 (b) "Missing person" shall include a "missing child" as defined in
9 section eight hundred thirty-seven-e of this chapter, a "missing vulner-
10 able adult" as defined in section eight hundred thirty-seven-f-1 of this
11 chapter, and a "missing adult" as defined in section eight hundred thir-
12 ty-seven-f-2 of this chapter, who is missing under circumstances where
13 there is a reasonable concern for his or her safety or whose disappear-
14 ance has been determined by law enforcement to have been involuntary.
15 (c) "Relative of a missing person" means (i) any person related to a
16 missing person as defined in paragraph (b) of this subdivision within
17 the third degree of consanguinity or affinity; (ii) any person maintain-
18 ing a sexual relationship with such missing person; or (iii) any person
19 residing in the same household with such missing person; provided,
20 however, that such term shall not apply to any such person whom the
21 investigating law enforcement agency reasonably suspects to have been
22 involved in the missing person's disappearance; (iv) who has been
23 convicted of a family offense as defined in subdivision one of section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08523-02-3
A. 5570 2
1 530.11 of the criminal procedure law or section eight hundred twelve of
2 the family court act committed against the missing person; (v) is the
3 defendant or respondent or both in any family offense proceeding pending
4 in criminal court or family court where the family offense is alleged to
5 have been committed against the missing person; (vi) is or has been the
6 subject of an order of protection in favor of the missing person; or
7 (vii) whom the law enforcement agency has reasonable cause to believe
8 has perpetrated a family offense or otherwise committed an act or acts
9 of domestic violence against the missing person, regardless of whether
10 any prosecution, family offense proceeding, or conviction resulted from
11 such conduct.
12 (d) All fair treatment standards and criteria required pursuant to
13 this article, and any services and supports provided to crime victims in
14 connection therewith, shall be available to relatives of missing persons
15 to the extent such fair treatment standards are applicable at the rele-
16 vant stage of a missing persons investigation.
17 § 3. Paragraph (b) of subdivision 1 of section 641 of the executive
18 law, as added by chapter 94 of the laws of 1984, is amended to read as
19 follows:
20 (b) availability of appropriate public or private programs that
21 provide counseling, treatment or support for crime victims, including
22 but not limited to the following: rape crisis centers, victim/witness
23 assistance programs, elderly victim services, trauma-informed inter-
24 vention services, emotional support services, mental health care
25 services, victim assistance hotlines and domestic violence [shelters]
26 residential and non-residential services;
27 § 4. Subdivision 5 of section 642 of the executive law, as amended by
28 chapter 263 of the laws of 1986, is amended to read as follows:
29 5. Victim assistance education and training, with special consider-
30 ation to be given to victims of domestic violence, sex offense victims,
31 sex trafficking victims, elderly victims, child victims, relatives of
32 missing persons, and the families of homicide victims, shall be given to
33 persons taking courses at state law enforcement training facilities and
34 by district attorneys so that victims may be promptly, properly and
35 completely assisted.
36 § 5. The executive law is amended by adding a new section 837-f-3 to
37 read as follows:
38 § 837-f-3. Law enforcement collaboration in missing persons investi-
39 gations. 1. The division shall, on or before January first, two thousand
40 twenty-five, in consultation with the division of state police, every
41 police agency in this state, every district attorney in this state, and
42 such other qualified agencies and community-based organizations the
43 department deems appropriate, develop, adopt, implement and thereafter
44 annually update a uniform plan for collaboration between police agencies
45 in missing persons investigations. Such plan shall involve a pro-active,
46 coordinated response, planned in advance, that is triggered immediately
47 upon confirmation by a police officer, peace officer or police agency of
48 a report of a missing person.
49 2. Such plans shall, at a minimum, require that:
50 (a) the name of the missing person, a description of the person and
51 other pertinent information be immediately dispatched over the police
52 communication system to all local and state agencies;
53 (b) there shall be no presumption that persons between the ages of
54 nineteen and sixty-four are not missing;
55 (c) the agency shall ascertain whether the missing person is or has
56 been the victim of a family offense as defined in subdivision one of
A. 5570 3
1 section 530.11 of the criminal procedure law or section eight hundred
2 twelve of the family court act, and if so, the agency shall immediately
3 transmit such information along with any records in its possession
4 relating thereto to every local and state agency, and shall immediately
5 request and obtain any such records in the possession of another local
6 or state agency;
7 (d) relatives of missing persons are provided with the services and
8 information required to be given to crime victims pursuant to section
9 six hundred forty-one of this chapter; and
10 (e) routine notification of relatives of missing persons of the status
11 of the missing persons investigation, to the extent such information
12 will not jeopardize the investigation or the safety of the missing
13 person or another person, provided that an initial notification is made
14 no later than seven days after the person goes missing and then weekly
15 thereafter; provided, however, if no new information is available,
16 future notifications should occur when such new information becomes
17 available.
18 3. Police agencies not connected with the basic police communication
19 system in use in such jurisdiction shall transmit such information to
20 the nearest or most convenient teletypewriter point, from which point it
21 shall be immediately dispatched, in conformity with the orders, rules or
22 regulations governing the system.
23 4. In the event that a police agency receives a report of an adult
24 missing person as defined in section eight hundred thirty-seven-f-2 of
25 this article and such agency knows or has reasonable cause to believe
26 that such missing adult person is or has been the victim of a family
27 offense as defined in subdivision one of section 530.11 of the criminal
28 procedure law or section eight hundred twelve of the family court act,
29 or has otherwise been the victim of domestic violence, regardless of
30 whether any family offense proceeding or criminal prosecution was
31 commenced, there shall be a presumption that such person is missing
32 under circumstances where there is a reasonable concern for his or her
33 safety.
34 5. No dispatch or transmission of a report concerning missing persons
35 shall be required by such plan if the investigating police department
36 determines that the release of such information would jeopardize the
37 investigation or the safety of the person, or otherwise requires
38 forbearance.
39 § 6. This act shall take effect January 1, 2025. Effective immediate-
40 ly, the addition, amendment and/or repeal of any rule or regulation
41 necessary for the implementation of this act on its effective date are
42 authorized to be made and completed on or before such effective date.
