BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 33
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 33 (Nava and Cook)
          As Amended  August 19, 2010
          Majority vote
           
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          |ASSEMBLY:  |     |(June 1, 2009)  |SENATE: |35-0 |(August 24,    |
          |           |     |                |        |     |2010)          |
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                                     (vote not relevant)
           
           Original Committee Reference:    B. & F.   
           
           SUMMARY  :  Mandates the release of information related to sex  
          offenders when a stranger abduction occurs, as specified.  

           The Senate amendments  delete the Assembly version of the bill,  
          and instead:  

          1)Require the 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  
            on the method of operation of the sex offenders or the  
            specified geographical location from which the child was  
            taken.

          2)State the intent of the Legislature is to encourage law  
            enforcement agencies to obtain and utilize the list of  
            registered sex offenders from the Violent Crime Information  
            Center in the event of a reported stranger abduction of a  
            child.

          3)Require the department to make accessible to law enforcement  
            agencies, via a department bulletin and the California Law  
            Enforcement Web, 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.

          4)Require, by January 1, 2012, law enforcement agencies, to  
            adopt a checklist document directing peace officers on  
            investigation guidelines and resources available to them in  
            the early hours of an investigation; adopt a policy,  
            regulations, or guidelines on missing persons investigations  
            that is consistent with state and federal law; and utilize the  








                                                                  AB 33
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            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.

          5)Specify that the Violent Crime Information Center is an  
            "investigative support unit."

           EXISTING LAW  :  

          1)Provides that the California Highway Patrol, in conjunction  
            with the Department of Justice, shall develop a comprehensive  
            child abduction education system to educate children in the  
            state on the appropriate behavior to deter abduction. The  
            California Highway Patrol shall convene a group consisting of  
            a representative from the California State Sheriffs'  
            Association, the California Police Chiefs' Association, and  
            the California Peace Officers' Association, representatives of  
            advocacy groups, and the Department of Education to assist in  
            the development of a plan.  

          2)Provides if an abduction has been reported to a law  
            enforcement agency and the agency determines that a child 17  
            years of age or younger, or an individual with a proven mental  
            or physical disability, has been abducted and is in imminent  
            danger of serious bodily injury or death, and there is  
            information available that, if disseminated to the general  
            public, could assist in the safe recovery of the victim, the  
            agency, through a person authorized to activate the Emergency  
            Alert System, shall, absent extenuating investigative needs,  
            request activation of the Emergency Alert System within the  
            appropriate local area. Law enforcement agencies shall only  
            request activation of the Emergency Alert System for an  
            abduction if these requirements are met. The Emergency Alert  
            System is not intended to be used for abductions resulting  
            from custody disputes that are not reasonably believed to  
            endanger the life or physical health of a child.  The  
            California Highway Patrol, if requested by a law enforcement  
            agency, shall activate the system.   

          3)Specifies that the California Highway Patrol, in consultation  
            with the Department of Justice, as well as a representative  
            from the California State Sheriffs' Association, the  
            California Police Chiefs' Association, and the California  








                                                                  AB 33
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            Peace Officers' Association, shall develop policies and  
            procedures providing instruction specifying how law  
            enforcement agencies, broadcasters participating in the  
            Emergency Alert System, and any other intermediate emergency  
            agencies that may institute activation of the Emergency Alert  
            System, and, where appropriate, other supplemental warning  
            systems, shall proceed after a qualifying abduction has been  
            reported to a law enforcement agency. Those policies and  
            procedures shall include, but not be limited to:  

             a)   Procedures for transfer of information regarding the  
               abducted victim and abduction from the law enforcement  
               agency to the broadcasters;

             b)   Specification of the event code or codes that should be  
               used if the Emergency Alert System is activated to report a  
               qualifying child abduction;

             c)   Recommended language for an abduction alert;

             d)   Specification of information that must be included by  
               the reporting law enforcement agency, including which  
               agency a person with information relating to the abduction  
               should contact and how the person should contact the  
               agency; and,

             e)   Recommendations on the extent of the geographical area  
               to which a child abduction emergency alert should be  
               broadcast.

          4)States that the California Highway Patrol, in consultation  
            with the Department of Justice, shall review the Amber Plan as  
            adopted by other states and Orange County's Child Abduction  
            Regional Emergency Alert Program for guidance in developing  
            appropriate policies and procedures for use of the Emergency  
            Alert System and, where appropriate, other supplemental  
            warning systems to report qualifying abductions.  

           AS PASSED BY THE ASSEMBLY,  this bill created the California  
          Department of Financial Services.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, DOJ notifications/information minor and absorbable  
          workload.  General mandate:  local law enforcement; potentially  
          significant costs.








                                                                  AB 33
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           COMMENTS  :  This bill was substantially amended in the Senate and  
          the Assembly-approved provisions of this bill were deleted.   
          This bill, as amended in the Senate is inconsistent with  
          Assembly actions.


           Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744


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