Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.
Summary
A06812, titled “Destini Smothers’ law,” would amend the New York Executive Law to strengthen how law enforcement handles missing persons cases and to expand victim-support training and services. The bill directs the Division of Criminal Justice Services commissioner, in consultation with State Police and other agencies, to develop and regularly update a uniform statewide plan for collaboration among police agencies in missing persons investigations. That plan must require prompt statewide dispatch of identifying information, coordinated response procedures, and routine status notifications to relatives, beginning no later than seven days after a person is reported missing and continuing weekly when new information is available.
The bill also adds specific protections and presumptions for missing adults and families affected by domestic violence. It states that there should be no presumption that adults ages 19 to 64 are not missing, and it creates a presumption that a missing adult who is known or reasonably believed to be a victim of domestic violence or a family offense is missing under circumstances creating a reasonable concern for safety. In addition, it expands existing victim assistance education and training to include relatives of missing persons and sex trafficking victims, and broadens the list of support services to include trauma-informed intervention, emotional support, mental health care, and residential and non-residential services.
Impact
The bill would amend sections 641 and 642 of the Executive Law and add a new section 837-f-3, creating new statewide requirements for missing persons investigations and related training. It would require law enforcement agencies to coordinate more closely, share information quickly across jurisdictions, and provide regular updates to families, while preserving discretion to withhold information when disclosure could jeopardize an investigation or safety. The measure would also affect state training programs for law enforcement and district attorneys by requiring instruction that specifically addresses relatives of missing persons, domestic violence victims, sex offense victims, sex trafficking victims, and other vulnerable groups.
Sentiment
Based on the bill text and available context, the overall sentiment appears supportive and reform-oriented. The legislation is framed as a response to gaps in missing persons response and family communication, with an emphasis on coordination, urgency, and support for affected relatives. No committee transcript or vote record is available here, so there is no evidence of recorded opposition or amendment debate in the provided materials.
Contention
The main policy tensions in the bill are between improving transparency and preserving investigative discretion. The bill requires prompt dispatches and routine family notifications, but it also allows agencies to withhold information when disclosure could endanger the investigation or the missing person. Another possible point of concern is the new presumption for missing adults who may be domestic violence victims, which could raise questions about how agencies identify those cases and apply the standard in practice. The bill also imposes new coordination and training obligations on law enforcement agencies, which could prompt implementation or resource concerns, though no specific opposition is documented in the provided record.
Same As
Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.
Enacts "Destini Smothers' law"; requires collaboration between law enforcement agencies in missing persons investigations; provides support for relatives of such missing persons.
Establishes a missing persons unit within the division of state police; adds women to the responsibility of the missing and exploited children clearinghouse; provides that by January first, two-thousand twenty-seven included in the curriculum for the training of law enforcement shall be missing and exploited women and missing and exploited women and children of color and indigenous descent; requires the reporting duties of law enforcement departments to include missing women, in addition to missing children and vulnerable adults; relates to the missing and exploited women and children clearinghouse fund; relates to the gift for missing and exploited women and children clearinghouse fund.