N.Y. EXC Law § 838 — New York Code / Act EXC / Article 35 / Section 838
Identification of unknown dead and missing persons
Status: in_force

§ 838. Identification of unknown dead and missing persons. 1. Every\ncounty medical examiner and coroner shall promptly furnish the division\nand the National Missing and Unidentified Persons System created by the\nOffice of Justice Program's National Institute of Justice, with copies\nof fingerprints on standardized eight inch by eight inch fingerprint\ncards or the equivalent digital image, personal descriptions and other\nidentifying data, including date and place of death, of all deceased\npersons whose deaths are in a classification requiring inquiry by the\nmedical examiner or coroner where the deceased is not identified or the\nmedical examiner or coroner is not satisfied with the decedent's\nidentification. The division shall promptly make available personal\ndescriptions and other identifying data, including date and place of\ndeath, of such deceased persons to all law enforcement agencies in the\nstate, and upon request, to law enforcement agencies outside of the\nstate.\n  2. In any case where it is not physically possible to furnish prints\nof the ten fingers of the deceased, prints or partial prints of any\nfingers with other identifying data shall be forwarded by the county\nmedical examiner or coroner to the division.\n  3. In addition to the foregoing provisions of this section, the county\nmedical examiner or coroner shall cause a dentist authorized to practice\npursuant to article one hundred thirty-three of the education law or a\ndental student in a registered school of dentistry in this state to\ncarry out a dental examination of the deceased. The medical examiner or\ncoroner shall forward the dental examination records to the division on\na form supplied by the division for that purpose.\n  4. The division shall compare the fingerprints received from the\ncounty medical examiners or coroners to fingerprints on file with the\ndivision for purposes of attempting to determine the identity of the\ndeceased.  Other descriptive data supplied with the fingerprints shall\nalso be compared to records maintained by the division concerning\nmissing persons. The division shall submit the results of the\ncomparisons to the appropriate medical examiner or coroner and if a\ntentative or positive identification is made, to the law enforcement\nauthority which submitted the report of the missing person.\n  5. (a) (i) When any person makes a report of a missing person to a law\nenforcement authority, the authority shall request a member of the\nfamily or next of kin of the missing person to authorize the release to\nthe division of the dental records of the person reported missing. The\nrelease shall be on a form supplied by the division. If the person\nreported missing is still missing thirty days after the report is made,\nthe law enforcement authority shall deliver the release to the dentist\nor dentists of the missing person, and request the dentist or dentists\nto deliver such records, including dental x-rays, to the division within\nten days. The form of such request shall also include means by which the\nlaw enforcement authority shall be notified of the delivery of such\nrecords.\n  (ii) When the person reported missing has not been found within thirty\ndays and no family or next of kin exists or can be located, the law\nenforcement authority may execute a written declaration, stating that an\nactive investigation seeking the location of the missing person is being\nconducted, and that the dental records are necessary for the exclusive\npurpose of furthering the investigation. Such written declaration,\nsigned by a peace officer, is sufficient authority for the dentist or\ndentists to release the missing person's dental records, including\ndental x-rays, to the division.\n  (b) Upon receipt of a properly executed release and request or\ndeclaration, the dentist or dentists shall forward the dental records,\nincluding dental x-rays, to the division, where a file shall be\nmaintained concerning persons reported to it as missing and who have not\nbeen reported to it as found. The file shall contain dental records and\nsuch other information as the division finds to be relevant to assisting\nin the location of a missing person. The law enforcement authority shall\nbe notified of the delivery of such records.\n  6. The division shall compare the dental records received from the\ncounty medical examiners or coroners to dental records of missing\npersons on file with the division. The division shall submit the results\nof the comparison to the appropriate medical examiner or coroner and if\na tentative or positive identification is made, to the law enforcement\nauthority which submitted the report of the missing person.\n  7. (a) When a person previously reported missing has been found, the\nsuperintendent of state police, sheriff, chief of police, coroner or\nmedical examiner, or other law enforcement authority shall erase all\nrecords with respect to such person and/or destroy any documents which\nare maintained pursuant to this section and shall report to the division\nthat the person has been found and that the records and documents have\nbeen so erased or destroyed. After receiving such a report, the division\nshall erase all records with respect to such person and/or destroy any\ndocuments which are maintained pursuant to this section.\n  (b) Nothing in paragraph (a) of this subdivision shall be construed as\nprohibiting law enforcement agencies from maintaining case files\nrelating to vulnerable adults, as defined in section eight hundred\nthirty-seven-f-one, who were reported missing, provided, however, that\nany DNA, fingerprints and/or dental records acquired in the course of\nsuch investigation shall be erased and/or destroyed in accordance with\nparagraph (a) of this subdivision after the person previously reported\nmissing has been found.\n  (c) (i) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, if a vulnerable adult, as defined in section eight hundred\nthirty-seven-f-one of this article, previously reported missing has been\nfound, the division shall maintain a sealed record of the case file for\na period of ten years, after which it shall be erased and/or destroyed.\nThe sealed record shall be unsealed if the individual to whom the record\npertains is reported missing on a subsequent occasion or if needed for\nevidentiary purposes in any civil litigation against the division or its\npersonnel that arises from the investigation. However, in the event that\nthere are grounds for a criminal action arising from the investigation,\nnothing in this subdivision shall be interpreted as prohibiting the\ndivision from allowing such records to remain unsealed until such\ncriminal action is concluded or otherwise resolved.\n  (ii) The division shall establish rules and regulations relating to\nthe unsealing of records. Such rules and regulations shall require that,\npursuant to subparagraph (i) of this paragraph, the process of unsealing\nsuch records shall take no longer than two hours from the time the\ndivision receives a report that a vulnerable adult, for whom there is a\nprevious record, is missing.\n  8. The information contained in the division's missing person files\nshall be made available by it to law enforcement agencies attempting to\nlocate missing persons.\n  9. Notwithstanding any other provision of law, no criminal justice\nagency shall establish or maintain any policy which requires the\nobservance of a waiting period before accepting and investigating a\nmissing child report. Upon receipt of a report of a missing child,\ncriminal justice agencies shall make entries of such report to the\nregister in the manner provided by section eight hundred thirty-seven-e\nof this article.\n  10. Notwithstanding any other provision of law, no criminal justice\nagency shall establish or maintain any policy that requires the\nobservance of a waiting period before accepting and investigating a\nreport of a missing vulnerable adult as defined in section eight hundred\nthirty-seven-f-one of this article. Upon receipt of a report of such\nmissing vulnerable adult, criminal justice agencies shall make entries\nof such report in the manner provided by subdivision eleven of this\nsection.\n  11. Whenever a criminal justice agency determines that a person is a\nmissing vulnerable adult, as defined in section eight hundred\nthirty-seven-f-one of this article, or that an unidentified living\nperson may be a missing vulnerable adult, such criminal justice agency\nshall enter the report of such missing vulnerable adult in any database\nof missing persons maintained by the division and the federal\ngovernment.\n