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A05220 Summary:

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A05220 Floor Votes:

A05220 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5220--B
                                                                Cal. No. 366
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2009
                                       ___________
 
        Introduced  by  M. of A. MAGNARELLI, DESTITO, GUNTHER, ZEBROWSKI, CHRIS-
          TENSEN, REILLY, ABBATE, DINOWITZ, TITONE, PHEFFER, JAFFEE, JOHN, MENG,
          TITUS, BOYLAND, SPANO, LUPARDO -- Multi-Sponsored by -- M. of A. BREN-
          NAN, BROOK-KRASNY, GLICK, GOTTFRIED, KELLNER, KOON, MAYERSOHN,  McENE-

          NY,  NOLAN,  O'DONNELL,  RUSSELL, SCHIMEL, SWEENEY, WEISENBERG -- read
          once and referred to the Committee on Aging -- reported  and  referred
          to  the  Committee  on  Codes  --  committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  from  committee,  advanced  to  a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the executive law, in relation to creating  the  missing
          vulnerable adults clearinghouse
 
          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-ff
     2  to read as follows:
     3    § 837-ff. Missing vulnerable adults  clearinghouse.  There  is  hereby

     4  established  within  the  division a missing vulnerable adults clearing-
     5  house to provide a comprehensive and coordinated approach to the problem
     6  of missing vulnerable adults.
     7    1. For purposes of this section:
     8    (a) "Vulnerable adult" shall mean an individual eighteen years of  age
     9  or  older  who  has been diagnosed by a physician as being vulnerable or
    10  who has been described  as  vulnerable  by  the  individual  making  the
    11  report.
    12    (b)  "Vulnerable"  shall  describe a person with any cognitive impair-
    13  ment, mental disability, or brain disorder.
    14    (c) "Missing vulnerable adult alert" shall mean a  method  to  dissem-
    15  inate  information  regarding  a missing vulnerable adult to the general

    16  public. Such alerts shall provide no medical information and in  no  way
    17  indicate  that  the  missing  person  is vulnerable. For the purposes of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05713-07-0
        A. 5220--B                          2
 
     1  notifications to the public pursuant to subdivision two of this section,
     2  the alert shall be titled "gold alert".
     3    2. The commissioner shall be authorized to:
     4    (a)  plan  and  implement programs to ensure the most effective use of
     5  federal, state, and local resources  in  the  investigation  of  missing
     6  vulnerable adults;

     7    (b) disseminate a directory of resources to assist in locating missing
     8  vulnerable adults;
     9    (c)  cooperate with the department of health, office of mental health,
    10  office of mental retardation and developmental disabilities, office  for
    11  the  aging, and other public and private organizations to develop educa-
    12  tion and prevention programs concerning the safety of vulnerable adults;
    13    (d) assist federal, state, and local agencies in the investigation  of
    14  cases involving missing vulnerable adults;
    15    (e)  utilize  available resources to duplicate photographs and posters
    16  of vulnerable adults reported as missing by police and disseminate  this
    17  information  throughout  the  state providing such posters indicate only

    18  that the adult is missing with no mention of vulnerability;
    19    (f) provide assistance in returning missing vulnerable adults who  are
    20  located out of state;
    21    (g) develop a curriculum for the training of law enforcement personnel
    22  investigating  cases  involving  missing  vulnerable  adults,  including
    23  recognition and management of vulnerable adults;
    24    (h) operate a toll-free twenty-four hour hotline for the public to use
    25  to relay information concerning missing vulnerable adults;
    26    (i) maintain and make available to appropriate  state  and  local  law
    27  enforcement  agencies information concerning technological advances that
    28  may assist in facilitating the recovery of missing vulnerable adults;

    29    (j) take such  other  steps  as  necessary  to  assist  in  education,
    30  prevention,  service  provision,  and  investigation  of cases involving
    31  missing vulnerable adults;
    32    (k) (1) In consultation with the division of state  police  and  other
    33  appropriate  agencies,  develop,  regularly update, and distribute model
    34  missing vulnerable adult prompt response and  notification  plans.  Such
    35  plans  shall  be available for use by local communities and law enforce-
    36  ment personnel and shall involve a pro-active, coordinated response that
    37  may be promptly triggered by law enforcement personnel upon confirmation
    38  by a police officer, peace officer, or police agency of a  report  of  a
    39  missing vulnerable adult as defined in subdivision one of this section.

    40    (2)  Such plans shall, at a minimum, provide that: (A) the name of the
    41  missing vulnerable adult, a description of the missing  individual,  and
    42  other  pertinent  information may be promptly dispatched over the police
    43  communication system  pursuant  to  subdivision  three  of  section  two
    44  hundred  twenty-one  of  this chapter; (B) such information may be imme-
    45  diately provided, in such a manner as to ensure that it is not  revealed
    46  to  the  public that the missing person is vulnerable, (i) orally, elec-
    47  tronically, or by facsimile transmission to one or more  radio  stations
    48  and  other  broadcast media outlets serving the community including, but
    49  not limited to, those who have voluntarily agreed in advance to promptly

    50  notify other such radio stations and broadcast  media  outlets  in  like
    51  manner  and  (ii)  by  electronic  mail  message to one or more internet
    52  service providers and commercial mobile service  providers  serving  the
    53  community  including,  but  not limited to, those which have voluntarily
    54  agreed in advance to promptly notify other such internet service provid-
    55  ers in like manner; (C) participating radio stations and  other  partic-
    56  ipating  broadcast  media  outlets serving the community may voluntarily
        A. 5220--B                          3
 
     1  agree to promptly broadcast a missing vulnerable adult  alert  providing
     2  pertinent  details  concerning the missing vulnerable adult's disappear-

     3  ance, breaking into regular programming where appropriate;  (D)  partic-
     4  ipating internet service providers and commercial mobile service provid-
     5  ers  serving  the community may voluntarily agree to promptly provide by
     6  electronic mail message  a  missing  vulnerable  adult  alert  providing
     7  pertinent  details  concerning the missing vulnerable adult's disappear-
     8  ance; (E) police agencies not connected with the basic  police  communi-
     9  cation  system in use in such jurisdiction may transmit such information
    10  to the nearest or most convenient electronic  entry  point,  from  which
    11  point  it  may  be  promptly  dispatched  in conformity with the orders,
    12  rules, or regulations governing the system;  (F)  a  statewide  response

    13  must be initiated as soon as local law enforcement deems it is necessary
    14  to  find  the  missing  vulnerable adult unless the investigating police
    15  department, in their discretion, advises that the release of such infor-
    16  mation may jeopardize the investigation or the  safety  of  the  missing
    17  vulnerable   adult  or  the  investigating  police  department  requests
    18  forbearance for any reason.
    19    (3) The commissioner shall also designate a unit within  the  division
    20  that  shall assist law enforcement agencies and representatives of radio
    21  stations, broadcast  media  outlets,  internet  service  providers,  and
    22  commercial  mobile  service providers in the design, implementation, and
    23  improvement of missing vulnerable adult response and notification plans.

    24  Such unit shall make ongoing outreach efforts to local government  enti-
    25  ties  and  local  law  enforcement  agencies to assist such entities and
    26  agencies in the implementation and operation of such plans with the goal
    27  of implementing and operating such plans in every  jurisdiction  in  New
    28  York state.
    29    3.  Any  individual  who  knowingly  makes a false report of a missing
    30  vulnerable adult shall be guilty of falsely reporting an incident in the
    31  third degree, which is punishable by a class A misdemeanor.
    32    4. The commissioner shall submit an annual report to the governor  and
    33  legislature  regarding  the  activities of the missing vulnerable adults
    34  clearinghouse including statistical information involving reported cases

    35  of missing vulnerable adults and a summary  of  the  division's  efforts
    36  with  respect to the activities authorized under subdivision two of this
    37  section.
    38    § 2. Severability. If any clause, sentence, paragraph, section or part
    39  of this act shall be adjudged by any court of competent jurisdiction  to
    40  be  invalid  and  after  exhaustion  of all further judicial review, the
    41  judgment shall not affect, impair or invalidate the  remainder  thereof,
    42  but  shall  be  confined in its operation to the clause, sentence, para-
    43  graph, section or part of this act directly involved in the  controversy
    44  in which the judgment shall have been rendered.
    45    § 3. This act shall take effect on the one hundred twentieth day after
    46  it  shall  have  become law. Effective immediately, the addition, amend-

    47  ment, and repeal of any rule or regulation necessary for the implementa-
    48  tion of this act on its effective date are authorized and directed to be
    49  made and completed on or before such effective date.