BILL NUMBER: AB 33	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN SENATE  JUNE 10, 2010
	AMENDED IN SENATE  MAY 19, 2010
	AMENDED IN SENATE  MARCH 8, 2010
	AMENDED IN SENATE  AUGUST 25, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 10, 2009

INTRODUCED BY   Assembly Members Nava and Cook

                        DECEMBER 1, 2008

   An act to amend Section 14202 of, and to add Section 13519.07 to,
the Penal Code, relating to missing persons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 33, as amended, Nava. Child abduction: sex offender
identification.
   Existing law requires the Attorney General establish and maintain
 within  the Violent Crime Information Center  an
investigative support unit  to assist in the identification and
the apprehension of persons responsible for specific violent crimes
and for the disappearance and exploitation of persons, particularly
children and dependent adults.
   This bill would require the  center  
investigative support unit  to make available, within 2 hours of
a reported stranger abduction of a child, a list of persons required
to register as sex offenders based on the method of operation, if
available, of the sex offenders or the specified geographical
location from which the child was taken.
   Existing law establishes the Commission on Peace Officer Standards
and Training within the Department of Justice. Under existing law,
the commission is required to develop and implement training for
peace officers relative to certain areas of criminal law or
procedure.
   This bill would require the department to make accessible to law
enforcement agencies, via a department bulletin and the California
Law Enforcement Telecommunications System, the commission's
"Guidelines For Handling Missing Persons Investigations" or any
subsequent similar guidelines created by the commission, relating to
the investigation of missing persons.
   The bill would also require  , by January 1, 2012,
 law enforcement agencies,  by January 1, 2012,  to
adopt a checklist document directing peace officers on investigation
guidelines and resources available to them in the early hours of an
investigation;  to  adopt a policy, regulations, or
guidelines on missing persons investigations that  is
  are  consistent with state and federal law; and
 to  utilize the department's missing person reporting form
 , at a minimum  for the initial contact with the
parent or family member reporting a missing person. Because the bill
would impose new duties on local agencies with respect to missing
person investigations, the bill would create a state-mandated local
program.
   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.


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

  SECTION 1.  It is the intent of the Legislature to encourage law
enforcement agencies to obtain and utilize the list, created pursuant
to Section 14202 of the Penal Code, of registered sex offenders from
the Violent Crime Information Center in the event of a reported
stranger abduction of a child.
  SEC. 2.  Section 13519.07 is added to the Penal Code, to read:
   13519.07.  (a) The Legislature suggests that each law enforcement
agency adopt, promulgate, and offer training that is consistent with
state and federal law and with the agency's specific policy regarding
missing children and the reporting of missing children.
   (b) The Department of Justice shall make accessible to law
enforcement agencies, via a department bulletin and the California
Law Enforcement Telecommunications System, the commission's
"Guidelines For Handling Missing Persons Investigations" or any
subsequent similar guidelines created by the commission, relating to
the investigation of missing persons.
   (c) By January 1, 2012, law enforcement agencies shall adopt a
checklist document directing peace officers on investigation
guidelines and resources available to them in the early hours of an
investigation. The commission's "Guidelines For Handling Missing
Persons Investigations" should be used as a model policy or example
in developing the checklist document.
   (d) By January 1, 2012, law enforcement agencies shall adopt a
policy, regulations, or guidelines on missing persons investigations
that are consistent with state and federal law. The commission's
"Guidelines For Handling Missing Persons Investigations" should be
used as a model policy or example in developing the policy,
regulations, or guidelines.
   (e) By January 1, 2012, law enforcement agencies shall utilize the
department's missing person reporting form, at a minimum for the
initial contact with the parent or family member reporting a missing
person.
   (f) As necessary and appropriate, the commission shall modify its
missing persons investigations guidelines and curriculum with
contemporary information. Specifically, the commission should
consider including and revising their guidelines to include both of
the following:
   (1) Steps for law enforcement agencies in the first few hours
after the reporting of a missing person.
   (2) Information on the availability of the department task forces,
the SAFE Task Force Regional Teams, and other entities that can
assist in the search for a missing person.
  SEC. 3.  Section 14202 of the Penal Code is amended to read:
   14202.  (a) The Attorney General shall establish and maintain
within the center an investigative support unit and an automated
violent crime method of operation system to facilitate the
identification and apprehension of persons responsible for murder,
kidnap, including parental abduction, false imprisonment, or sexual
assault. This unit shall be responsible for identifying perpetrators
of violent felonies collected from the center and analyzing and
comparing data on missing persons in order to determine possible
leads which could assist local law enforcement agencies. This unit
shall only release information about active investigations by police
and sheriffs' departments to local law enforcement agencies.
   (b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit. This
set of files may include, among others, the following:
   (1) Missing or unidentified, deceased persons' dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.
   (2) Child abuse reports filed pursuant to Section 11169.
   (3) Sex offender registration files maintained pursuant to Section
290.
   (4) State summary criminal history information maintained pursuant
to Section 11105.
   (5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.1 of the Welfare and
Institutions Code.
   (6) Information furnished to the Department of Justice pursuant to
Section 11107.
   (7) Other Attorney General's office files as requested by the
investigative support unit.
   (c) The  center   investigative support unit
 shall make available, within two hours of a reported stranger
abduction of a child, a list of persons required to register as sex
offenders based upon the modus operandi, if available, or the
specified geographical location from which the child was abducted.
  SEC. 4.  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.