NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8208A
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the executive law, in relation to providing for a formal
process for a parent or legal guardian to request the issuance of an
AMBER alert
PURPOSE OR GENERAL IDEA OF BILL:
SUMMARY OF PROVISIONS:
Subparagraph vii is added to the executive law, which requires that a
formal process is established by which a parent or legal guardian may
request that a missing child alert be issued. Such request shall be
made to the division of the state police for review.
Subparagraph viii is amended to reflect the new formal process estab-
lished in subparagraph vii.
JUSTIFICATION:
This proposed legislation will empower parents to formally request a
missing child alert, including AMBER alerts, in cases of suspected Child
abductions. Recognizing the urgency, this bill takes into account
special circumstances, such as children with disabilities and other
situations, where an early activation of the alert may be necessary.
Time is a critical factor in potential child abductions, and each pass-
ing hour diminishes the chances of finding the child. This bill aims to
establish a clear and structured process that enables parents to seek a
missing child alert from the State Police, ensuring their active
involvement in the decision-making alongside law enforcement.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8208--A
2023-2024 Regular Sessions
IN ASSEMBLY
October 27, 2023
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Children and Families -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to providing for a formal
process for a parent or legal guardian to request the issuance of an
AMBER alert
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (vi) and (vii) of paragraph (b) of subdivi-
2 sion 14 of section 837-f of the executive law, as amended by chapter 381
3 of the laws of 2004, are amended to read as follows:
4 (vi) police agencies not connected with the basic police communication
5 system in use in such jurisdiction may transmit such information to the
6 nearest or most convenient electronic entry point, from which point it
7 may be promptly dispatched, in conformity with the orders, rules or
8 regulations governing the system; [and]
9 (vii) a formal process is established by which a parent or legal guar-
10 dian may request that a missing child alert be issued. Such request
11 shall be made to the division of state police for review; and
12 (viii) no dispatch or transmission of a report concerning a missing
13 child shall be required by such plan, except as provided in subparagraph
14 (vii) of this paragraph, if the investigating police department advises,
15 in its discretion, that the release of such information may jeopardize
16 the investigation or the safety of the child, or requests forbearance
17 for any reason.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13403-02-3
