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A08492 Summary:

BILL NOA08492
 
SAME ASSAME AS S07562
 
SPONSORAnderson
 
COSPNSRGonzalez-Rojas, Epstein, Kelles, Fahy, Tapia, Englebright, Septimo, Zinerman
 
MLTSPNSR
 
Add §837-w, Exec L
 
Creates a "purple alert system" for missing victims of domestic violence.
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A08492 Actions:

BILL NOA08492
 
11/17/2021referred to governmental operations
01/05/2022referred to governmental operations
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A08492 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8492
 
SPONSOR: Anderson
  TITLE OF BILL: An act to amend the executive law, in relation to the creation of a "purple alert system" for missing victims of domestic violence   PURPOSE: This bill creates a purple alert system to notify the public of missing victims of domestic violence by unifying the resources of the Division of Criminal Services, Department of Transportation, appropriate state agencies to inform the public along with private or governmental enti- ties who participate in the dissemination of urgent public information.   SUMMARY OF SPECIFIC PROVISIONS: Section 3: (a) The purple alert system shall include all state agencies capable of providing urgent and timely information to the public, together with broadcasters, private commercial entities and state or local govern- mental entities who volunteer to participate in the dissemination of urgent public information. (b) Such alert system shall include, but shall not be limited to, the division, the New York lottery and the department of transportation, which shall establish a plan for providing information to the public through an existing system of dynamic message signs located across the state. Section 4: A law enforcement agency shall notify the division if the agency receives a report regarding a missing victim of domestic violence who is determined by the agency to be a participant in the purple alert system.   JUSTIFICATION: In most missing persons cases, the first 48 hours are the most crucial. Missing victims of domestic violence are innately more at risk of not being successfully reunited with their loved ones. According to New York States' Amber Alert statistics, in nearly 7 in every 10 AMBER Alert cases, children are successfully reunited with their parents. And in just over 17 percent of cases, the recovery is a direct result of the AMBER Alert. A Purple Alert system is designed to provide much needed emergency awareness to missing victims of domestic violence once confirmed by appropriate parties that such individuals may be in danger. This Alert system would also take into account any identity protection measures on behalf of the victim and work to make sure the public is alerted without placing protected identities at risk.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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A08492 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8492
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 17, 2021
                                       ___________
 
        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 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
    25  a purple alert has been issued, including  compliance  with  the  Health
    26  Insurance Portability and Accountability Act of 1996;
    27    (e) forms for use by law enforcement agencies in requesting activation
    28  of the purple alert system; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13506-01-1

        A. 8492                             2
 
     1    (f) a determination as to how an individual shall elect to participate
     2  in such alert system.
     3    3.  (a) The purple alert system shall include all state agencies capa-
     4  ble of providing urgent and timely information to the  public,  together
     5  with  broadcasters,  private  commercial  entities  and  state  or local
     6  governmental entities who volunteer to participate in the  dissemination
     7  of urgent public information.
     8    (b)  Such alert system shall include, but shall not be limited to, the
     9  division, the New York lottery and  the  department  of  transportation,
    10  which  shall  establish  a  plan for providing information to the public
    11  through an existing system of dynamic message signs located  across  the
    12  state.
    13    4.  A  law  enforcement agency shall notify the division if the agency
    14  receives a report regarding a missing victim of domestic violence who is
    15  determined by the agency to be a participant in the purple alert system.
    16    5. (a) When a law enforcement agency notifies the division, the  divi-
    17  sion  shall  confirm  the accuracy of the information and, if confirmed,
    18  immediately issue an alert under this section in accordance  with  divi-
    19  sion rules.
    20    (b)  In  issuing the alert, the division shall send the alert to media
    21  outlets in the state, in  accordance  with  subdivision  three  of  this
    22  section. Following receipt of the alert, participating media outlets may
    23  issue  the alert at designated intervals to assist in locating the miss-
    24  ing victim of domestic violence.
    25    (c) Upon activation of the  purple  alert  system,  the  division  may
    26  request  interstate  activation in a neighboring state or Canadian prov-
    27  ince if warranted. If an activation area is adjacent to  a  border,  the
    28  United  States Customs and Border Patrol and Canadian Customs shall also
    29  receive notification.
    30    (d) The alert must include:
    31    (i) all appropriate information that is provided by the  law  enforce-
    32  ment agency under this section and that may lead to the safe recovery of
    33  the missing victim of domestic violence; and
    34    (ii)  a  statement  instructing any person with information related to
    35  the missing victim of domestic violence to contact  the  applicable  law
    36  enforcement agency.
    37    (e)  The commissioner shall terminate any activation of the alert with
    38  respect to a particular missing victim of domestic  violence  not  later
    39  than the earlier of the date on which:
    40    (i)  the  missing victim of domestic violence is located, or the situ-
    41  ation is otherwise resolved; or
    42    (ii) the notification period ends, as  determined  by  the  division's
    43  rules.
    44    (f) A law enforcement agency that locates a missing victim of domestic
    45  violence  who is the subject of an alert under this section shall notify
    46  the division as soon as possible that the  missing  victim  of  domestic
    47  violence has been located.
    48    6.  The department of transportation is not required to use any exist-
    49  ing system of dynamic message signs in a statewide alert system  created
    50  under  this  section if the department of transportation receives notice
    51  from the United States  Department  of  Transportation  Federal  Highway
    52  Administration  that  the  use  of the signs would result in the loss of
    53  federal highway funding or other  punitive  actions  taken  against  the
    54  state due to noncompliance with federal laws, regulations, or policies.
    55    §  2.  This  act shall take effect on the thirtieth day after it shall
    56  have become a law.
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