Section 838. Identification of unknown dead and missing persons

1. Every
  county medical examiner and coroner shall furnish the division  promptly
  with  copies  of  fingerprints  on standardized eight inch by eight inch
  fingerprint cards, personal descriptions  and  other  identifying  data,
  including  date and place of death, of all deceased persons whose deaths
  are in a classification requiring  inquiry  by  the  coroner  where  the
  deceased  is  not  identified  or the medical examiner or coroner is not
  satisfied with the decedent's identification.
    2. In any case where it is not physically possible to  furnish  prints
  of  the  ten  fingers  of  the deceased, prints or partial prints of any
  fingers with other identifying data shall be  forwarded  by  the  county
  medical examiner or coroner to the division.
    3. In addition to the foregoing provisions of this section, the county
  medical examiner or coroner shall cause a dentist authorized to practice
  pursuant  to  article one hundred thirty-three of the education law or a
  dental student in a registered school of  dentistry  in  this  state  to
  carry  out a dental examination of the deceased. The medical examiner or
  coroner shall forward the dental examination records to the division  on
  a form supplied by the division for that purpose.
    4.  The  division  shall  compare  the  fingerprints received from the
  county medical examiners or coroners to fingerprints on  file  with  the
  division  for  purposes  of  attempting to determine the identity of the
  deceased. Other descriptive data supplied with  the  fingerprints  shall
  also  be  compared  to  records  maintained  by  the division concerning
  missing  persons.  The  division  shall  submit  the  results   of   the
  comparisons  to  the  appropriate  medical  examiner or coroner and if a
  tentative or positive identification is made,  to  the  law  enforcement
  authority which submitted the report of the missing person.
    5. (a) (i) When any person makes a report of a missing person to a law
  enforcement  authority,  the  authority  shall  request  a member of the
  family or next of kin of the missing person to authorize the release  to
  the  division  of the dental records of the person reported missing. The
  release shall be on a form supplied  by  the  division.  If  the  person
  reported  missing is still missing thirty days after the report is made,
  the law enforcement authority shall deliver the release to  the  dentist
  or  dentists  of the missing person, and request the dentist or dentists
  to deliver such records, including dental x-rays, to the division within
  ten days. The form of such request shall also include means by which the
  law enforcement authority shall be notified  of  the  delivery  of  such
  records.
    (ii) When the person reported missing has not been found within thirty
  days  and  no  family  or  next of kin exists or can be located, the law
  enforcement authority may execute a written declaration, stating that an
  active investigation seeking the location of the missing person is being
  conducted, and that the dental records are necessary for  the  exclusive
  purpose  of  furthering  the  investigation.  Such  written declaration,
  signed by a peace officer, is sufficient authority for  the  dentist  or
  dentists  to  release  the  missing  person's  dental records, including
  dental x-rays, to the division.
    (b) Upon receipt  of  a  properly  executed  release  and  request  or
  declaration,  the  dentist or dentists shall forward the dental records,
  including dental  x-rays,  to  the  division,  where  a  file  shall  be
  maintained concerning persons reported to it as missing and who have not
  been  reported to it as found. The file shall contain dental records and
  such other information as the division finds to be relevant to assisting
  in the location of a missing person. The law enforcement authority shall
  be notified of the delivery of such records.

    6. The division shall compare the dental  records  received  from  the
  county  medical  examiners  or  coroners  to  dental  records of missing
  persons on file with the division. The division shall submit the results
  of the comparison to the appropriate medical examiner or coroner and  if
  a  tentative  or positive identification is made, to the law enforcement
  authority which submitted the report of the missing person.
    7. When a person previously  reported  missing  has  been  found,  the
  superintendent  of  state  police,  sheriff, chief of police, coroner or
  medical examiner, or other law enforcement  authority  shall  erase  all
  records  with  respect to such person and/or destroy any documents which
  are maintained pursuant to this section and shall report to the division
  that the person has been found and that the records and  documents  have
  been so erased or destroyed. After receiving such a report, the division
  shall  erase  all records with respect to such person and/or destroy any
  documents which are maintained pursuant to this section.
    8. The information contained in the division's  missing  person  files
  shall  be made available by it to law enforcement agencies attempting to
  locate missing persons.
    9. Notwithstanding any other provision of  law,  no  criminal  justice
  agency  shall  establish  or  maintain  any  policy  which  requires the
  observance of a waiting period  before  accepting  and  investigating  a
  missing  child  report.  Upon  receipt  of  a report of a missing child,
  criminal justice agencies shall make  entries  of  such  report  to  the
  register  in the manner provided by section eight hundred thirty-seven-e
  of this article.