BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 33| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 33 Author: Nava (D) and Cook (R) Amended: 7/15/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/29/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE BANKING, FINANCE & INS. COMMITTEE : Not relevant SENATE APPROPRIATIONS COMMITTEE : 11-0, 08/12/10 AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno, Price, Walters, Wolk, Wyland, Yee ASSEMBLY FLOOR : Not relevant SUBJECT : Child abduction: sex offender identification SOURCE : More Kids DIGEST : This bill (1) states that it is the intent of the Legislature to encourage law enforcement agencies to obtain and utilize the list, as specified, of registered sex offenders from the Violent Crime Information Center in the event of a reported stranger abduction of a child; (2) states that the Legislature suggests that each law enforcement agency adopt, promulgate, and offer training regarding missing children and the reporting of missing children, as specified; (3) requires that the Department of CONTINUED AB 33 Page 2 Justice (DOJ) make accessible to law enforcement agencies, as specified, the Peace Officer Standards and Training Commission's (POST) "Guidelines for Handling Missing Persons Investigations," relating to the investigation of missing persons; (4) requires that, by January 1, 2012, law enforcement agencies adopt a checklist document directing peace officers on investigation guidelines and resources available to them in the early hours of a missing persons investigation, as specified; (5) requires that by January 1, 2012, law enforcement agencies adopt a policy, regulations, or guidelines on missing persons investigations, as specified; (6) requires that, by January 1, 2012, law enforcement agencies utilize DOJ's missing person reporting form, at a minimum for the initial contact with the parent or family member reporting a missing person; (7) requires that, as necessary and appropriate, the POST commission modify its missing persons investigations guidelines and curriculum with contemporary information, as specified; and (8) requires that DOJ's Violent Crime Information Center 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. ANALYSIS : Current law requires the Attorney General (AG) to establish and maintain the Violent Crime Information Center (center) 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. The center shall establish and maintain programs which include, but are not limited to, all of the following: (1) developing violent offender profiles; (2) assisting local law enforcement agencies and county district attorneys by providing investigative information on persons responsible for specific violent crimes and missing person cases; (3) providing physical description information and photographs, if available, of missing persons to county district attorneys, nonprofit missing persons organizations, and schools; and (4) providing statistics on missing dependent adults and on missing children, including, as may be applicable, family abductions, non-family abductions, CONTINUED AB 33 Page 3 voluntary missing, and lost children or lost dependent adults. (Penal Code Section 14200.) Current law further requires the AG to establish within the center and maintain "an online, automated computer system designed to affect an immediate law enforcement response to reports of missing persons," and requires the AG to make information available to law enforcement agencies regarding active files maintained pursuant to these provisions, as specified. (Penal Code Section 14201.) Current law requires the AG to 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. The AG 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: 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. Child abuse reports filed pursuant to Section 11169. Sex offender registration files maintained pursuant to Section 290. State summary criminal history information maintained pursuant to Section 11105. CONTINUED AB 33 Page 4 Information obtained pursuant to the parent locator service maintained pursuant to Section 11478.5 of the Welfare and Institutions Code. Information furnished to the DOJ pursuant to Section 11107. Other AG's office files as requested by the investigative support unit. (Penal Code Section 14202.) Current law requires the Commission on POST to implement a course or courses of instruction for the training of law enforcement officers and law enforcement dispatchers in the handling of missing person and runaway cases and to develop guidelines for law enforcement response to missing person and runaway cases. The course or courses of instruction and the guidelines shall include, but not be limited to: Timeliness and priority of response. Assisting persons who make missing person reports to contact the appropriate law enforcement agency in the jurisdiction of the residence address of the missing person or runaway and the appropriate law enforcement agency in the jurisdiction where the missing person or runaway was last seen. Coordinating law enforcement agencies for the purpose of efficiently and effectively taking and investigating missing person reports. As used in this section, "law enforcement" includes any officers or employees of a local police or sheriff's office or of the California Highway Patrol (CHP). This course of training on investigation of missing person reports is required to be included within the course of basic training for law enforcement officers and law enforcement dispatchers. (Penal Code Section 13519.1.) Current law requires local law enforcement to "accept any report, including any telephonic report, of a missing CONTINUED AB 33 Page 5 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 CHP, the CHP 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." (Penal Code Section 14205(a).) Current law further provides that if "the person reported missing is under 16 years of age, or if there is evidence that the person is at risk, the local police, sheriff's department, or the CHP shall submit the report to the AG'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 AG's office through the use of the California Telecommunications System." (Penal Code Section 14205(b).) This bill declares that 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. This bill states that 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 CONTINUED AB 33 Page 6 children and the reporting of missing children. This bill requires that DOJ shall make accessible to law enforcement agencies, via a department bulletin and the California Law Enforcement Telecommunications System, POST Commission's "Guidelines for Handling Missing Persons Investigations" or any subsequent similar guidelines created by the commission, relating to the investigation of missing persons. This bill requires that, 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 POST Commission's "Guidelines for Handling Missing Persons Investigations" should be used as a model policy or example in developing the checklist document. This bill requires, by January 1, 2012, law enforcement agencies adopt a policy, regulations, or guidelines on missing persons investigations that are consistent with state and federal law. The POST Commission's "Guidelines for Handling Missing Persons Investigations" should be used as a model policy or example in developing the policy, regulations, or guidelines. This bill requires, by January 1, 2012, law enforcement agencies utilize DOJ's missing person reporting form, at a minimum for the initial contact with the parent or family member reporting a missing person. This bill requires that, as necessary and appropriate, the POST Commission shall modify its missing person's investigations guidelines and curriculum with contemporary information. Specifically, the Commission should consider including and revising their guidelines to include both of the following: Steps for law enforcement agencies in the first few hours after the reporting of a missing person. Information on the availability of the department task forces, the SAFE Task Force Regional Teams, and CONTINUED AB 33 Page 7 other entities that can assist in the search for a missing person. This bill requires that DOJ's Investigative Support Unit 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund DOJ notifications/ Minor and absorbable workload General information Mandate: local law Potentially significant reimbursable General enforcement costs SUPPORT : (Verified 8/16/10) More Kids (source) Crime Victims United of California ARGUMENTS IN SUPPORT : According to the author's office, "AB 33 is critical for improving government's response when a child goes missing. It is a careful measure, with policies derived from conversations with law enforcement and nonprofit groups focusing on missing children. These conversations demonstrated that there are many resources available to aid in the search for a missing child. These range from search-and-investigation model policies for law enforcement to advanced databases on violent criminals to task forces that can assist in a search. Yet knowledge of CONTINUED AB 33 Page 8 these resources is lacking. Moreover, California does not require all law enforcement agencies to have policies in place to deal with a missing child. Without awareness of these resources and without policies in place at the local level, our ability to find a missing child is greatly reduced. AB 33 addresses these issues. "The California Peace Officers Standards and Training Commission (POST) has created guidelines for investigations, yet these guidelines are not necessarily known, nor are they necessarily in use. To increase awareness, the Department of Justice (DOJ) under AB 33 will disseminate POST's "Guidelines For Handling Missing Persons Investigations" via a DOJ bulletin and through the California Law Enforcement Telecommunications System. Additionally, AB 33 will require law enforcement agencies to adopt a checklist document directing officers during the early hours of a missing person investigation - a critical time for the safe recovery of a child. Furthermore, it will require law enforcement agencies to have policy, regulations, or guidelines on missing persons investigations in place by January 1, 2012. Law enforcement agencies may implement their own policies or look to POST guidelines as a model. AB 33 will also require law enforcement agencies to utilize a missing person reporting form during the initial investigation of a missing person. This will ensure that officers collect all necessary details in order to aid in the search for that missing person. "Many law enforcement agencies already comply with the requirements of AB 33. However, others might meet some requirements or none at all. Without a comprehensive approach in place for all jurisdictions, critical details can be overlooked, and a child's life could be endangered. With model policies available from POST, it is reasonable and prudent to that require policies be in place at each law enforcement agency. "AB 33 also directs POST to update their Guidelines For Handling Missing Persons Investigations. In discussions with POST, the DOJ, and members of law enforcement, it became apparent that POST's guidelines lacked references to important resources, such as SAFE (Sexual Assault Felony CONTINUED AB 33 Page 9 Enforcement) Task Force Regional Teams and various task forces under the DOJ Bureau of Narcotic Enforcement, which can assist in the search for a missing child. These resources are critical when local law enforcement is in need of assistance. Without knowledge of these resources and without inclusion in POST's guidelines, which can serve as a model for all law enforcement, we do not maximize our ability to find a missing child. "Finally, AB 33 points to important technology in searching for a suspect in a missing child case. While the state and federal governments retain detailed information on sex offenders and other dangerous criminals, this information is of little use at the time of a stranger abduction of a child if it is not in the hands of law enforcement. The Violent Crimes Information Center (VCIC) has the capability to create a list of possible suspects, based on a number of criteria, and provide that list to law enforcement. AB 33 directs VCIC to do so and states that it is the intent of the Legislature that law enforcement obtain and utilize this list. We must maximize all tools in the search for a missing child, and producing a list of possible suspects is of the utmost importance. The sophistication and wealth of information retained at the VCIC reflect a drive to incorporate advanced technology in our fight against crime and in our fight to keep children safe. The next logical step is to make sure information moves from the database to the front lines, where law enforcement can use it." RJG:do 8/16/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED