BILL NUMBER: S4791
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 missings Persons & 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 5. The executive law is amended by adding a new section 837-f-3
to read as follows:
§ 837-f-3. Law enforcement collaboration in missing persons investi-
gation. The division shall on or before January first two thousand twen-
ty-three in consultation with the division of state police every police
agency in this state, every district attorney in this state, and such
other qualified agencies the department deems appropriate, develop,
adopt, implement and thereafter regularly update a uniform plan for
collaboration between police agencies in missing persons investigations.
Such a plan shall involve a proactive coordinated response planned in
advance that is triggered immediately upon confirmation by a police
officer, peace officer or police agency of a report of a missing person.
(a) the name of the missing person, a description of the person and
other pertinent information be immediately dispatched over the police
communication system to all local and state agencies;
(b) there shall be no presumption that persons between the ages of nine-
teen and sixty-four are not missing;
(c) the agency shall ascertain whether the missing person is or has been
the victim of a family offense as defined in subdivision one of section
530.11 of the criminal procedure law or section eight hundred twelve of
the family court act, and if so, the agency shall immediately transmit
such information along with any records in its possession relating ther-
eto to every local and state agency, and shall immediately request and
obtain any such records in the possession of another local or state
agency.
 
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:
2022 REFERRED TO SENATE CRIME VICTIMS, CRIME AND CORRECTION
2021 REFERRED TO SENATE RULES
2021-22 referred to assembly governmental operations
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect January 1, 2023. 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