Provides for the creation of an ebony alert system to be activated on behalf of Black youth, including young women, men, nonbinary, boys, and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8386
SPONSOR: Burroughs TITLE OF BILL:
An act to amend the executive law, in relation to the creation of a
"ebony alert system" for missing Black youth
PURPOSE OR GENERAL IDEA OF BILL:
To establish a statewide "Ebony Alert System" to facilitate the rapid
and effective recovery of missing Black youth who are at risk, develop-
mentally or cognitively impaired, or missing under suspicious or danger-
ous circumstances.
SUMMARY OF PROVISIONS:
Section 1 adds a new Section 837-y to the Executive Law directing the
Division of Criminal Justice Services, in coordination with other rele-
vant agencies, to implement a statewide "Ebony Alert System." Key
provisions include:
-Activation criteria for the alert system, focusing on Black youth aged
1225 who may be at risk due to various vulnerabilities.
-Appointment of a statewide coordinator and adoption of procedural rules
for law enforcement agencies.
-Guidelines to ensure privacy protections, including HIPAA compliance.
-Required collaboration with state agencies, media outlets, and dynamic
message signage systems to disseminate alerts.
-Termination protocols and cross-jurisdictional notification options,
including border alerts.
Section 2 sets the effective date for 30 days after becoming law.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
Black youth, particularly those aged 12 to 25, are disproportionately
represented among missing persons cases yet often receive less media
coverage and law enforcement prioritization. This bill addresses these
disparities by creating a targeted alert system similar to existing
Amber or Silver Alerts. It ensures timely and widespread dissemination
of information that could lead to the safe recovery of vulnerable indi-
viduals, enhancing public safety and community responsiveness.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal. Existing infrastructure such as dynamic message signs and media
channels will be leveraged. Implementation costs are expected to be
absorbed within current agency budgets
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
8386
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. BURROUGHS -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the creation of a
"ebony alert system" for missing Black youth
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 837-y
2 to read as follows:
3 § 837-y. Ebony alert system; missing victims of domestic violence. 1.
4 With the cooperation of the department of transportation, the office of
5 the governor, and other appropriate law enforcement agencies in the
6 state, the division shall develop and implement a statewide ebony alert
7 system to be activated on behalf of Black youth, including young women,
8 men, nonbinary, boys, and girls, who are reported missing under unex-
9 plained or suspicious circumstances, at risk, developmentally disabled,
10 or cognitively impaired, or who have been abducted.
11 2. The commissioner shall designate a statewide coordinator of the
12 ebony alert system. The commissioner shall adopt rules and issue direc-
13 tives as necessary to ensure proper implementation of the ebony alert
14 system. The rules and directives shall include:
15 (a) the procedures to be used by a law enforcement agency to determine
16 that an ebony alert would be an effective tool in the investigation of a
17 missing Black youth, which shall include the following factors:
18 (i) the missing person is twelve to twenty-five years of age, inclu-
19 sive;
20 (ii) the missing person suffers from a mental or physical disability;
21 (iii) the person is missing under circumstances that indicate any of
22 the following:
23 (1) the missing person's physical safety may be endangered; or
24 (2) the missing person may be subject to trafficking;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09408-01-5
A. 8386 2
1 (iv) the law enforcement agency determines that the person has gone
2 missing under unexplained or suspicious circumstances;
3 (v) the law enforcement agency believes that the person is in danger
4 because of age, health, mental or physical disability, or environment or
5 weather conditions, that the person is in the company of a potentially
6 dangerous person, or that there are other factors indicating that the
7 person may be in peril;
8 (vi) the investigating law enforcement agency has utilized available
9 local resources; and
10 (vii) there is information available that, if disseminated to the
11 public, could assist in the safe recovery of the missing person;
12 (b) the procedures to be used by an individual or entity to report
13 information about a missing Black youth to designated media outlets in
14 the state;
15 (c) guidelines for releasing only the information necessary in order
16 to protect the privacy of a missing Black youth for whom a ebony alert
17 has been issued, including compliance with the Health Insurance Porta-
18 bility and Accountability Act of 1996; and
19 (d) forms for use by law enforcement agencies in requesting activation
20 of the ebony alert system.
21 3. (a) The ebony alert system shall include all state agencies capable
22 of providing urgent and timely information to the public, together with
23 broadcasters, private commercial entities and state or local govern-
24 mental entities who volunteer to participate in the dissemination of
25 urgent public information.
26 (b) Such alert system shall include, but shall not be limited to, the
27 division, the New York lottery and the department of transportation,
28 which shall establish a plan for providing information to the public
29 through an existing system of dynamic message signs located across the
30 state.
31 4. (a) When a law enforcement agency requests activation of the ebony
32 alert system, the division shall confirm the accuracy of the information
33 and, if confirmed, immediately issue an alert under this section in
34 accordance with division rules.
35 (b) In issuing the alert, the division shall send the alert to media
36 outlets in the state, in accordance with subdivision three of this
37 section. Following receipt of the alert, participating media outlets may
38 issue the alert at designated intervals to assist in locating the miss-
39 ing Black youth.
40 (c) Upon activation of the ebony alert system, the division may
41 request interstate activation in a neighboring state or Canadian prov-
42 ince if warranted. If an activation area is adjacent to a border, the
43 United States Customs and Border Patrol and Canadian Customs shall also
44 receive notification.
45 (d) The alert must include:
46 (i) all appropriate information that is provided by the law enforce-
47 ment agency under this section and that may lead to the safe recovery of
48 the missing Black youth; and
49 (ii) a statement instructing any person with information related to
50 the missing Black youth to contact the applicable law enforcement agen-
51 cy.
52 (e) The commissioner shall terminate any activation of the alert with
53 respect to a particular missing Black youth not later than the earlier
54 of the date on which:
55 (i) the missing Black youth is located, or the situation is otherwise
56 resolved; or
A. 8386 3
1 (ii) the notification period ends, as determined by the division's
2 rules.
3 (f) A law enforcement agency that locates a missing Black youth who is
4 the subject of an alert under this section shall notify the division as
5 soon as possible that the missing Black youth has been located.
6 5. The department of transportation is not required to use any exist-
7 ing system of dynamic message signs in a statewide alert system created
8 under this section if the department of transportation receives notice
9 from the United States Department of Transportation Federal Highway
10 Administration that the use of the signs would result in the loss of
11 federal highway funding or other punitive actions taken against the
12 state due to noncompliance with federal laws, regulations, or policies.
13 § 2. This act shall take effect on the thirtieth day after it shall
14 have become a law.
