BILL NUMBER: S4791A
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting "Destini
Smothers' law" to require collaboration between law enforcement agencies
in missing persons investigations and to provide support for relatives
of such missing persons
 
PURPOSE:
This bill will ensure collaboration across Missing Person & Domestic
Violence departments in law enforcement agencies throughout New York
State and ensure families of missing persons are provided with adequate
resources
 
SUMMARY OF SPECIFIC PROVISIONS:.
Section 1. This act shall be known and may be cited as "Destini Smoth-
ers' law".
Section 2. The executive law is amended by adding a new section 837-f-3
to clarify that state funds for victim assistance may also be used for
support services to the relatives of missing persons, including refer-
rals, coordination with law enforcement, and access to crime victim
services.
Section 3 amends executive law § 642(5) to direct the Office of Victim
Services to ensure its education and training materials include how to
serve relatives of missing persons, and to coordinate with police to
help such families access resources.
Section 4 adds a new § 837-f-3 to the Executive Law requiring the Divi-
sion of Criminal Justice Services (DCJS), in consultation with the
Office of Victim Services and State Police, to create a statewide
inter-agency collaboration plan for responding to missing persons cases.
Key provisions include:
-Ensuring prompt and comprehensive information-sharing among police,
prosecutors, and victim service agencies.
-Directing law enforcement not to assume adults aged 19-64 are voluntar-
ily missing without investigation.
-Mandating checks for prior domestic violence history and coordination
across jurisdictions.
-Requiring law enforcement to maintain regular communication with family
members throughout the investigation.
- Presuming individuals with a history are reported missing are at
heightened of domestic violence victimization who risk and in danger.
- Providing law enforcement discretion to withhold dispatches to the
public if doing so would jeopardize safety or the investigation.
Section 5 establishes the effective date.
 
JUSTIFICATION:
Destini Smothers went missing on November 3rd, 2020. She was last seen
late that night leaving Bowlero bowling alley in Woodside, where she
attended a birthday party with her intimate partner. Smothers had gotten
into a "heated argument" with her intimate partner, who is the father of
her kids, according to a missing persons report. Those close to Destini,
had reported she was a victim of domestic violence for many years.
On March 10th, 2021, Destini Smothers' body was found in the back of her
car near 134th Ave. in Springfield Gardens, Queens. Before going miss-
ing, Destini and her boyfriend lived in Troy, NY. This necessitated
communication between the NYPD and the Troy Police Department. Between
the time Destini went missing and when she was found, her family
consistently reported major issues in communication between law enforce-
ment agencies in Troy, New York, and the NYPD., as well as a lack of
urgency and willingness to engage her family. It was not until Day 9 of
Smothers going missing, that the case was taken by law enforcement.
 
LEGISLATIVE HISTORY:
A05570 OF 2024 A08412-A OF 2022
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect January 1, 2027. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.

Statutes affected:
S4791: 640 executive law, 641 executive law, 641(1) executive law, 642 executive law, 642(5) executive law
S4791A: 641 executive law, 641(1) executive law, 642 executive law, 642(5) executive law