2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 837-K - Safe House for Children.

§ 837-k. Safe  house  for  children. 1. Within one hundred twenty days
after the effective date of this section, the division shall design  and
adopt  an  official  symbol and sign which may use McGruff as created by
the national crime prevention council if  practicable,  to  be  used  to
designate  homes  and  businesses  where a child may seek temporary help
when he or she is traveling, without adult supervision or protection, in
neighborhoods having such homes or businesses.
2. a. Law enforcement agencies:
(i) may voluntarily provide symbols to persons who apply for them;
(ii) may require that persons receiving symbols apply in  writing  and
agree   in  writing  to  specific  terms  and  conditions  in  order  to
participate in the program;
(iii) shall develop community based selection procedures to assure the
suitability of the persons and location which are  the  subjects  of  an
application  prior  to  issuing  symbols  after  conducting a background
check, including, but not  limited  to,  information  available  in  its
jurisdiction,  and inquiry of the department of social services register
of child abuse and maltreatment regarding the applicant and any  persons
residing  at  the  location.  Until  such  procedures  are developed and
implemented, law enforcement agencies may access records of the division
maintained pursuant  to  section  eight  hundred  thirty-seven  of  this
article;
(iv)  shall  maintain a register of locations using the official, sign
or symbol and any other known locations using other symbols for  similar
purposes pursuant to subdivision five of this section;
(v) shall make efforts, themselves or through arrangements with school
districts,  not-for-profits, or other organizations, to educate children
to recognize the correct symbol and the program.
b. For purposes of this subdivision:
(i) the term  "law  enforcement  agency"  shall  mean  any  agency  or
department of any municipality or any police district employing a police
officer or police officers as that term is defined in paragraphs (b) and
(d) of subdivision thirty-four of section 1.20 of the criminal procedure
law; and
(ii)  the symbols provided by law enforcement agencies for purposes of
this program are the property of said agency.
3. Persons who are issued a symbol by a law enforcement agency shall:
a. display it or any related or similar symbol or sign that is visible
from the outside of their building only upon such terms  and  conditions
as may be specified by the law enforcement agency; and
b.  return  said symbol to the law enforcement agency immediately upon
demand therefor by said agency.
4. a. Any person who possesses, uses, or duplicates the symbol or sign
created pursuant to subdivision one  of  this  section,  or  any  symbol
authorized  for use pursuant to subdivision two of this section, without
complying with the provisions of this section  shall  be  liable  for  a
civil fine of fifty dollars.
b.  Possession,  use  or  duplication  of  the  symbol or sign created
pursuant to subdivision one of this section, or  any  symbol  authorized
for  use pursuant to subdivision two of this section, with the intent to
attract children into the location for any purpose other than protecting
them when they are threatened is a misdemeanor.
c. No symbol except the symbol authorized in subdivisions one or  five
of this section shall be used to designate a safe house.
5.  Children's safe haven/safe home programs existing on the effective
date of this section may continue to use the same symbol on existing  or
new  locations  and  expand  service  areas using symbols in use on such
date.