Enacts "Lori Ann's law" to establish procedures for law enforcement to locate and return missing persons

1 Co-sponsor

• Ruth Hassell-Thompson

BILL NUMBER:S2168

Title of bill

An act to amend the executive law, in relation to improving the ability of law enforcement to locate and return missing persons, to improving the identification of human remains, and to improving timely information and notification to family members of missing persons

Purpose of bill

To establish statewide procedures for law enforcement in the event of a missing person case, identification of human remains and notification to family members.

Summary of specific provisions

The executive law is amended to add a new Article II-A establishing procedures for law enforcement officers, coroners/medical examiners and other governmental personnel relating to missing persons reports and identifying unidentified persons/human remains.

Section 235 adds provisions that establish procedures for missing persons report content and acceptance.

Section 236 adds provisions that direct law enforcement analysis and reporting of missing person information including prompt determination of high-risk missing person.

Sections 237-238 add provisions that establish procedures for reporting of unidentified persons/human remains; and responsibilities associated with identification of unidentified persons/human remains.

Justification

In the spring of 2005, a woman named Lori Ann Leonard from Chittenango, NY, in the Town of Sullivan, went missing. According to reports, she had recently met someone over the Internet and had gone to meet that person. Several months later, her remains were found not far from the home of the person she had met. This case, which included several jurisdictions, highlighted the need for standardization of procedures. The investigators from Chittenango Police, New York State Police, Hudson Falls Police Department, and Washington County Sheriff's Department worked together to bring closure to this case, overcoming the obstacles Presented by the fragmentation of procedures and lack of uniform policies. In response to this tragic local missing person case, this legislation has been drafted establishing statewide procedures for law enforcement in the event of a missing person case.

This bill is meant to help standardize the procedures and to adopt protocol that will help identify high-risk missing persons. It is not the intention of this legislation to unduly burden local police departments with erroneous reports, which is why specific provisions deal with identification of "high-risk,' missing person cases. To ensure local feasibility, several police departments were contacted before the bill was introduced and asked to comment on the legislation. This legislation is based on model legislation being proposed by the United States Department of Justice and the Federal Bureau of Investigation to help facilitate missing persons investigations.

Legislative history

S.659 of 2011 5.1603 of 2009 S.2216 of 2007 S.8253 of 2006

Fiscal implications

Undetermined.

Effective date

January 1, 2014