STATE OF NEW YORK ________________________________________________________________________ 4791 2025-2026 Regular Sessions IN SENATE February 12, 2025 ___________ Introduced by Sens. SANDERS, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction 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 such person's safety or whose disap- 14 pearance has been determined by law enforcement to have been involun- 15 tary. 16 (c) "Relative of a missing person" means (i) any person related to a 17 missing person as defined in paragraph (b) of this subdivision within 18 the third degree of consanguinity or affinity; (ii) any person maintain- 19 ing a sexual relationship with such missing person; or (iii) any person 20 residing in the same household with such missing person; provided, 21 however, that such term shall not apply to any such person whom the 22 investigating law enforcement agency reasonably suspects to have been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08157-01-5
S. 4791 2 1 involved in the missing person's disappearance; (iv) who has been 2 convicted of a family offense as defined in subdivision one of section 3 530.11 of the criminal procedure law or section eight hundred twelve of 4 the family court act committed against the missing person; (v) is the 5 defendant or respondent or both in any family offense proceeding pending 6 in criminal court or family court where the family offense is alleged to 7 have been committed against the missing person; (vi) is or has been the 8 subject of an order of protection in favor of the missing person; or 9 (vii) whom the law enforcement agency has reasonable cause to believe 10 has perpetrated a family offense or otherwise committed an act or acts 11 of domestic violence against the missing person, regardless of whether 12 any prosecution, family offense proceeding, or conviction resulted from 13 such conduct. 14 (d) All fair treatment standards and criteria required pursuant to 15 this article, and any services and supports provided to crime victims in 16 connection therewith, shall be available to relatives of missing persons 17 to the extent such fair treatment standards are applicable at the rele- 18 vant stage of a missing persons investigation. 19 § 3. Paragraph (b) of subdivision 1 of section 641 of the executive 20 law, as added by chapter 94 of the laws of 1984, is amended to read as 21 follows: 22 (b) availability of appropriate public or private programs that 23 provide counseling, treatment or support for crime victims, including 24 but not limited to the following: rape crisis centers, victim/witness 25 assistance programs, elderly victim services, trauma-informed inter- 26 vention services, emotional support services, mental health care 27 services, victim assistance hotlines and domestic violence [shelters] 28 residential and non-residential services; 29 § 4. Subdivision 5 of section 642 of the executive law, as amended by 30 chapter 263 of the laws of 1986, is amended to read as follows: 31 5. Victim assistance education and training, with special consider- 32 ation to be given to victims of domestic violence, sex offense victims, 33 sex trafficking victims, elderly victims, child victims, relatives of 34 missing persons, and the families of homicide victims, shall be given to 35 persons taking courses at state law enforcement training facilities and 36 by district attorneys so that victims may be promptly, properly and 37 completely assisted. 38 § 5. The executive law is amended by adding a new section 837-f-3 to 39 read as follows: 40 § 837-f-3. Law enforcement collaboration in missing persons investi- 41 gations. 1. The division shall, on or before January first, two thousand 42 twenty-seven, in consultation with the division of state police, every 43 police agency in this state, every district attorney in this state, and 44 such other qualified agencies and community-based organizations the 45 department deems appropriate, develop, adopt, implement and thereafter 46 annually update a uniform plan for collaboration between police agencies 47 in missing persons investigations. Such plan shall involve a pro-active, 48 coordinated response, planned in advance, that is triggered immediately 49 upon confirmation by a police officer, peace officer or police agency of 50 a report of a missing person. 51 2. Such plans shall, at a minimum, require that: 52 (a) the name of the missing person, a description of the person and 53 other pertinent information be immediately dispatched over the police 54 communication system to all local and state agencies; 55 (b) there shall be no presumption that persons between the ages of 56 nineteen and sixty-four are not missing;
S. 4791 3 1 (c) the agency shall ascertain whether the missing person is or has 2 been the victim of a family offense as defined in subdivision one of 3 section 530.11 of the criminal procedure law or section eight hundred 4 twelve of the family court act, and if so, the agency shall immediately 5 transmit such information along with any records in its possession 6 relating thereto to every local and state agency, and shall immediately 7 request and obtain any such records in the possession of another local 8 or state agency; 9 (d) relatives of missing persons are provided with the services and 10 information required to be given to crime victims pursuant to section 11 six hundred forty-one of this chapter; and 12 (e) routine notification of relatives of missing persons of the status 13 of the missing persons investigation, to the extent such information 14 will not jeopardize the investigation or the safety of the missing 15 person or another person, provided that an initial notification is made 16 no later than seven days after the person goes missing and then weekly 17 thereafter; provided, however, if no new information is available, 18 future notifications should occur when such new information becomes 19 available. 20 3. Police agencies not connected with the basic police communication 21 system in use in such jurisdiction shall transmit such information to 22 the nearest or most convenient teletypewriter point, from which point it 23 shall be immediately dispatched, in conformity with the orders, rules or 24 regulations governing the system. 25 4. In the event that a police agency receives a report of an adult 26 missing person as defined in section eight hundred thirty-seven-f-2 of 27 this article and such agency knows or has reasonable cause to believe 28 that such missing adult person is or has been the victim of a family 29 offense as defined in subdivision one of section 530.11 of the criminal 30 procedure law or section eight hundred twelve of the family court act, 31 or has otherwise been the victim of domestic violence, regardless of 32 whether any family offense proceeding or criminal prosecution was 33 commenced, there shall be a presumption that such person is missing 34 under circumstances where there is a reasonable concern for such 35 person's safety. 36 5. No dispatch or transmission of a report concerning missing persons 37 shall be required by such plan if the investigating police department 38 determines that the release of such information would jeopardize the 39 investigation or the safety of the person, or otherwise requires 40 forbearance. 41 § 6. This act shall take effect January 1, 2027. Effective immediate- 42 ly, the addition, amendment and/or repeal of any rule or regulation 43 necessary for the implementation of this act on its effective date are 44 authorized to be made and completed on or before such effective date.