N.Y. Executive Law § 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.