Bill Text: CA AB34 | 2009-2010 | Regular Session | Amended

California Assembly Bill 34 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Reports of missing persons: Violent Crime Information

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2010-09-24 - Chaptered by Secretary of State - Chapter 225, Statutes of 2010. [AB34 Detail]

Download: California-2009-AB34-Amended.html

BILL NUMBER: AB 34	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2010
	AMENDED IN SENATE  MAY 18, 2010
	AMENDED IN SENATE  SEPTEMBER 3, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Members Nava and Cook

                        DECEMBER 1, 2008

   An act to  add Sections 14201.3 and 14205.5 to 
 amend Section 14205 of, and to add Section 14201.3 to,  the
Penal Code, relating to missing persons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 34, as amended, Nava. Reports of missing persons: Violent Crime
Information Center.
   Existing law requires the Attorney General to establish and
maintain a Violent Crime Information Center to assist in the
identification and apprehension of persons responsible for specific
violent crimes and for the disappearance and exploitation of persons,
particularly children and dependent adults. Existing law also
requires the Attorney General to provide information on reports of
missing persons to law enforcement agencies, as provided.
   This bill would require the Violent Crime Information Center to
release  specific  information  contained in law
enforcement reports concerning missing persons to nonprofit
organizations that are registered with the Attorney General's office,
and that may   ,   determined by the
Department of Justice, contained in law enforcement reports regarding
missing or unidentified persons to the National Missing and
Unidentified Persons System to  assist in the search for the
missing person or persons.
   Existing law imposes certain requirements on law enforcement
agencies with respect to the reporting of missing persons. Under
existing law, if the person reported missing is under 16 years of
age, or there is evidence that the person is at risk, as defined, the
local police, sheriff's department, or the California Highway Patrol
is required to submit the report to the Attorney General's office
within 4 hours after accepting the report.  Existing law
authorizes the governing body of a local agency to adopt a resolution
to make these provisions inoperative as to the local police or
sheriff's department under its jurisdiction, as  specified.

   This bill would,  notwithstanding any other provision of
law, upon the filing of a report that a person is missing, require
the law enforcement agency receiving the report to, within 2 hours
after the receipt of the report, transmit the report to the Attorney
General for inclusion in the Violent Crime Information Center and the
National Crime Information Center databases. By imposing new duties
on local law enforcement agencies, this bill would impose a
state-mandated local program.   subject to the authority
of the local governing body to adopt a resolution to make the
provisions inoperative as to its police or sheriff's department,
provide that if the person reported missing is under 21 years of age,
or if there is evidence that the person is at risk, the law 
 enforcement agency recei   ving the report shall,
within two hours after the receipt of the report, transmit the report
to the Department of Justice for inclusion in the Violent Crime
Information Center and the National Crime Information Center
databases.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14201.3 is added to the Penal Code, to read:
   14201.3.  The center shall release  information contained
in law enforcement reports concerning missing persons to nonprofit
organizations that are registered with the Attorney General's office,
and that may assist in the search for the missing person or persons.
  specific information, determined by the Department of
Justice, contained in law enforcement reports regarding missing or
unidentified persons to the National Missing and Unidentified Persons
System to assist in the search for the missing person or persons.
 
  SEC. 2.    Section 14205.5 is added to the Penal
Code, to read:
   14205.5.  Notwithstanding any other provision of law, upon the
filing of a report that a person is missing, the law enforcement
agency receiving the report shall, within two hours after the receipt
of the report, transmit the report to the Attorney General for
inclusion in the Violent Crime Information Center and the National
Crime Information Center databases. 
   SEC. 2.    Section 14205 of the   Penal Code
  is amended to read: 
   14205.  (a) All local police and sheriffs' departments shall
accept any report, including any telephonic report, of a missing
person, including runaways, without delay and shall give priority to
the handling of these reports over the handling of reports relating
to crimes involving property. In cases where the person making a
report of a missing person or runaway, contacts, including by
telephone, the California Highway Patrol, the California Highway
Patrol may take the report, and shall immediately advise the person
making the report of the name and telephone number of the police or
sheriff's department having jurisdiction of the residence address of
the missing person and of the name and telephone number of the police
or sheriff's department having jurisdiction of the place where the
person was last seen. In cases of reports involving missing persons,
including, but not limited to, runaways, the local police or sheriff'
s department shall immediately take the report and make an assessment
of reasonable steps to be taken to locate the person. If the missing
person is under 16 years of age, or there is evidence that the
person is at risk, the department shall broadcast a "Be On the
Look-Out" bulletin, without delay, within its jurisdiction.
   (b) If the person reported missing is under  16 
 21  years of age, or if there is evidence that the person
is at risk, the  local police, sheriff's department, or the
California Highway Patrol shall submit the report to the Attorney
General's office within four hours after accepting the report. After
the California Law Enforcement Telecommunications System online
missing person registry becomes operational, the reports shall be
submitted, within four hours after accepting the report, to the
Attorney General's office through the use of the California
Telecommunications System   law enforcement agency
receiving the report shall, within two hours after the receipt of the
report, transmit the report to the Department of Justice for
inclusion in the Violent Crime Information Center and the National
Crime Information Center databases  .
   (c) In cases where the report is taken by a department, other than
that of the city or county of residence of the missing person or
runaway, the department, or division of the California Highway Patrol
taking the report shall, without delay, and, in the case of children
under 16 years of age or where there was evidence that the missing
person was at risk, within no more than 24 hours, notify, and forward
a copy of the report to the police or sheriff's department or
departments having jurisdiction of the residence address of the
missing person or runaway and of the place where the person was last
seen. The report shall also be submitted by the department or
division of the California Highway Patrol which took the report to
the center.
   (d) The requirements imposed by this section on local police and
sheriff's departments shall not be operative if the governing body of
that local agency, by a majority vote of the members of that body,
adopts a resolution expressly making those requirements inoperative.

  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.