S 10150 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10150 Summary: BILL NO S10150 &nbsp SAME AS SAME AS A08473

&nbsp SPONSOR SCARCELLA-SPANTON &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §837-f-3, amd §838, Exec L &nbsp Enacts the "missing vulnerable veterans at risk program act" to establish a missing vulnerable veterans at risk program to provide a comprehensive and coordinated approach to the problem of missing vulnerable veterans at risk.

Go to top S10150 Text:

STATE OF NEW YORK ________________________________________________________________________

10150

IN SENATE

April 30, 2026 ___________

Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the executive law, in relation to establishing a missing vulnerable veterans at risk program

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Short title. This act shall be known and may be cited as 2 the "missing vulnerable veterans at risk program act". 3 § 2. The executive law is amended by adding a new section 837-f-3 to 4 read as follows: 5 § 837-f-3. Missing vulnerable veterans at risk program. 1. There is 6 hereby established within the division a missing vulnerable veterans at 7 risk program to provide a comprehensive and coordinated approach to the 8 problem of missing vulnerable veterans at risk. 9 2. For purposes of this section: 10 (a)"Vulnerable veteran at risk" shall mean an individual who is a 11 United States veteran who has a cognitive impairment, mental disability, 12 or brain disorder and whose disappearance has been determined by law 13 enforcement to pose a creditable threat of harm to such missing individ- 14 ual and has elected to participate in the missing vulnerable veterans at 15 risk program. 16 (b) "Veteran" shall mean a person who served on active duty in 17 uniformed services of the United States regardless of discharge status; 18 and 19 (c) "Missing vulnerable veterans at risk alert" shall mean a method to 20 disseminate information regarding a missing vulnerable veteran at risk 21 to the general public in a manner consistent with paragraph (n) of 22 subdivision three of this section. 23 3. The commissioner shall be authorized to: 24 (a) plan and implement programs to ensure the most effective use of 25 federal, state, and local resources in the investigation of missing 26 vulnerable veterans at risk; 27 (b) disseminate a directory of resources to assist in locating missing 28 vulnerable veterans at risk;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13162-01-5

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1 (c) cooperate with the department of health, department of veterans' 2 services, office of mental health, office for people with developmental 3 disabilities, office for the aging, and other public and private organ- 4 izations to develop education and prevention programs concerning the 5 safety of vulnerable veterans at risk; 6 (d) assist federal, state, and local agencies in the investigation of 7 cases involving missing vulnerable veterans at risk; 8 (e) utilize available resources to duplicate photographs and posters 9 of vulnerable veterans at risk reported as missing by police and dissem- 10 inate this information throughout the state; 11 (f) provide assistance in returning missing vulnerable veterans at 12 risk who are located out of state; 13 (g) develop a curriculum for the training of law enforcement personnel 14 investigating cases involving missing vulnerable veterans at risk, 15 including recognition and management of vulnerable veterans at risk; 16 (h) operate a toll-free twenty-four-hour hotline for the public to use 17 to relay information concerning missing vulnerable veterans at risk; 18 (i) establish a case database that shall include non-identifying 19 information on reported missing vulnerable veterans at risk and facts 20 developed in the phases of a search; and analyze such data for the 21 purposes of assisting law enforcement in their current investigations of 22 missing vulnerable veterans at risk, developing prevention programs and 23 increasing understanding of the nature and extent of the problem; 24 (j) prescribe general guidelines to enable state agencies to assist in 25 the location and recovery of missing vulnerable veterans at risk. The 26 guidelines shall provide information relating to: 27 (i) the form and manner in which materials and information pertaining 28 to missing vulnerable veterans at risk, including, but not limited to, 29 biographical data and pictures, sketches, or other likenesses, may be 30 included in stationary, newsletters, and other written or electronic 31 printings, provided such guidelines are consistent with paragraph (n) of 32 this subdivision; 33 (ii) appropriate sources from which such materials and information may 34 be obtained; 35 (iii) the procedures by which such materials and information may be 36 obtained; and 37 (iv) any other matter the program may deem important; 38 (k) maintain and make available to appropriate state and local law 39 enforcement agencies information concerning technological advances that 40 may assist in facilitating the recovery of missing vulnerable veterans 41 at risk; 42 (l) take such other steps as necessary to assist in education, 43 prevention, service provision, and investigation of cases involving 44 missing vulnerable veterans at risk; 45 (m) The division, in consultation with the department of veterans' 46 services, shall establish an opt-in procedure for vulnerable veterans at 47 risk who wish to be involved in the missing vulnerable veterans at risk 48 program; 49 (n) (i) In consultation with the division of state police, department 50 of veterans' services and other appropriate agencies, develop, regularly 51 update, and distribute model missing vulnerable veterans at risk prompt 52 response and notification plans. Such plans shall be available for use 53 by local communities and law enforcement personnel, and shall involve a 54 proactive, coordinated response that may be promptly triggered by law 55 enforcement personnel upon confirmation by a police officer, peace offi-

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1 cer, or police agency of a report of a missing vulnerable veteran at 2 risk, as defined in subdivision two of this section. 3 (ii) Such plans shall, at a minimum, provide that: (A) the name of the 4 missing vulnerable veteran at risk, a description of the missing indi- 5 vidual, and other pertinent information may be promptly dispatched over 6 the police communication system pursuant to subdivision three of section 7 two hundred twenty-one of this chapter; 8 (B) such information may be immediately provided, both: (1) orally, 9 electronically, or by facsimile transmission to one or more radio 10 stations and other broadcast media outlets serving the community includ- 11 ing, but not limited to, those who have voluntarily agreed in advance to 12 promptly notify other such radio stations and broadcast media outlets in 13 like manner; and (2) by electronic mail message to one or more internet 14 service providers and commercial mobile service providers serving the 15 community including, but not limited to, those which have voluntarily 16 agreed in advance to promptly notify other such internet service provid- 17 ers in like manner; 18 (C) participating radio stations and other participating broadcast 19 media outlets serving the community may voluntarily agree to promptly 20 broadcast a missing vulnerable veteran at risk alert providing pertinent 21 details concerning the missing vulnerable veteran's disappearance, 22 breaking into regular programming where appropriate; 23 (D) participating internet service providers and commercial mobile 24 service providers serving the community may voluntarily agree to prompt- 25 ly provide by electronic mail message a missing vulnerable veteran at 26 risk alert providing pertinent details concerning the missing vulnerable 27 veteran's disappearance; 28 (E) police agencies not connected with the basic police communication 29 system in use in such jurisdiction may transmit such information to the 30 nearest or most convenient electronic entry point, from which point it 31 may be promptly dispatched in conformity with the orders, rules, or 32 regulations governing the system; and 33 (F) a statewide response may be initiated as soon as the division 34 deems it is necessary to find the missing vulnerable veteran at risk. 35 Such a plan may not require the issuance of an alert if the investigat- 36 ing police department, in its discretion, advises that the release of 37 such information may jeopardize the investigation or the safety of the 38 missing vulnerable veteran at risk or the investigating police depart- 39 ment requests forbearance for any reason. 40 (iii) The commissioner shall also designate a unit within the division 41 that shall assist law enforcement agencies and representatives of radio 42 stations, broadcast media outlets, internet service providers, and 43 commercial mobile service providers in the design, implementation, and 44 improvement of missing vulnerable veteran at risk response and notifica- 45 tion plans. Such unit shall make ongoing outreach efforts to local 46 government entities and local law enforcement agencies to assist such 47 entities and agencies in the implementation and operation of such plans 48 with the goal of implementing and operating such plans in every juris- 49 diction in New York state. 50 (o) disseminate specific medical information about a missing vulner- 51 able veteran at risk to the extent that such medical information indi- 52 cates a physical quality or behavioral trait that is readily apparent 53 and contributes to a physical or behavioral description of the missing 54 vulnerable veteran at risk, provided that more extensive information 55 relating to the missing vulnerable veteran's at risk medical diagnosis 56 and condition may be provided to law enforcement personnel as needed.

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1 4. The commissioner shall submit an annual report to the governor and 2 legislature regarding the activities of the missing vulnerable veterans 3 at risk program, including statistical information involving reported 4 cases of missing vulnerable veterans at risk, the number of veterans at 5 risk who have opted to participate in the missing vulnerable veterans 6 at risk program and a summary of the division's efforts with respect to 7 the activities authorized under subdivision three of this section. 8 § 3. Subdivisions 7, 10 and 11 of section 838 of the executive law, 9 subdivision 7 as amended and subdivisions 10 and 11 as added by chapter 10 222 of the laws of 2011, are amended to read as follows: 11 7. (a) When a person previously reported missing has been found, the 12 superintendent of state police, sheriff, chief of police, coroner or 13 medical examiner, or other law enforcement authority shall erase all 14 records with respect to such person and/or destroy any documents which 15 are maintained pursuant to this section and shall report to the division 16 that the person has been found and that the records and documents have 17 been so erased or destroyed. After receiving such a report, the division 18 shall erase all records with respect to such person and/or destroy any 19 documents which are maintained pursuant to this section. 20 (b) Nothing in paragraph (a) of this subdivision shall be construed as 21 prohibiting law enforcement agencies from maintaining case files relat- 22 ing to vulnerable adults, as defined in section eight hundred thirty- 23 seven-f-one, or vulnerable veteran at risk pursuant to section eight 24 hundred thirty-seven-f-three of this article who were reported missing, 25 provided, however, that any DNA, fingerprints and/or dental records 26 acquired in the course of such investigation shall be erased and/or 27 destroyed in accordance with paragraph (a) of this subdivision after the 28 person previously reported missing has been found. 29 (c) (i) Notwithstanding the provisions of paragraph (a) of this subdi- 30 vision, if a vulnerable adult, as defined in section eight hundred thir- 31 ty-seven-f-one or vulnerable veteran at risk pursuant to section eight 32 hundred thirty-seven-f-three of this article, previously reported miss- 33 ing has been found, the division shall maintain a sealed record of the 34 case file for a period of ten years, after which it shall be erased 35 and/or destroyed. The sealed record shall be unsealed if the individual 36 to whom the record pertains is reported missing on a subsequent occasion 37 or if needed for evidentiary purposes in any civil litigation against 38 the division or its personnel that arises from the investigation. Howev- 39 er, in the event that there are grounds for a criminal action arising 40 from the investigation, nothing in this subdivision shall be interpreted 41 as prohibiting the division from allowing such records to remain 42 unsealed until such criminal action is concluded or otherwise resolved. 43 (ii) The division shall establish rules and regulations relating to 44 the unsealing of records. Such rules and regulations shall require that, 45 pursuant to subparagraph (i) of this paragraph, the process of unsealing 46 such records shall take no longer than two hours from the time the divi- 47 sion receives a report that a vulnerable adult or vulnerable veteran at 48 risk , for whom there is a previous record, is missing. 49 10. Notwithstanding any other provision of law, no criminal justice 50 agency shall establish or maintain any policy that requires the obser- 51 vance of a waiting period before accepting and investigating a report of 52 a missing vulnerable adult as defined in section eight hundred thirty- 53 seven-f-one or vulnerable veteran at risk as defined in section eight 54 hundred thirty-seven-f-three of this article. Upon receipt of a report 55 of such missing vulnerable adult or vulnerable veteran at risk , criminal

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1 justice agencies shall make entries of such report in the manner 2 provided by subdivision eleven of this section. 3 11. Whenever a criminal justice agency determines that a person is a 4 missing vulnerable adult, as defined in section eight hundred thirty- 5 seven-f-one of this article, or that an unidentified living person may 6 be a missing vulnerable adult or vulnerable veteran at risk as defined 7 in section eight hundred thirty-seven-f-three of this article , such 8 criminal justice agency shall enter the report of such missing vulner- 9 able adult or vulnerable veteran at risk in any database of missing 10 persons maintained by the division and the federal government. 11 § 4. The provisions of this act shall not be construed to limit in any 12 way the authority of a municipality to enact, implement, and continue to 13 enforce local laws and regulations relating to an alert system to locate 14 missing individuals that were in effect prior to the effective date of 15 this act, or to enact, implement, and enforce any amendments thereto 16 after the effective date of this act. 17 § 5. Severability. If any clause, sentence, paragraph, section or part 18 of this act shall be adjudged by any court of competent jurisdiction to 19 be invalid and after exhaustion of all further judicial review, the 20 judgment shall not affect, impair or invalidate the remainder thereof, 21 but shall be confined in its operation to the clause, sentence, para- 22 graph, section or part of this act directly involved in the controversy 23 in which the judgment shall have been rendered. 24 § 6. This act shall take effect on the ninetieth day after it shall 25 have become a law. Effective immediately, the addition, amendment and/or 26 repeal of any rule or regulation necessary for the implementation of 27 this act on its effective date are authorized to be made and completed 28 on or before such effective date.

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