BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    AB 33|
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                                 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  
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          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,  

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          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.

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                 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  

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          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  

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          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  

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               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  

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          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  

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          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

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