BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           34 (Nava)
          
          Hearing Date:  08/02/2010           Amended: 06/10/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 34 would require the Violent Crime Information  
          Center (VCIC) to release specified information regarding missing  
          or unidentified persons to the National Missing and Unidentified  
          Persons System to assist in the search for missing persons. This  
          bill would also require local law enforcement to submit reports  
          of missing persons under the age of 21 or persons believed to be  
          at risk to the Department of Justice (DOJ) for inclusion in the  
          VCIC and the National Crime Information Center (NCIC) databases  
          within two hours, instead of the current four hours, after the  
          receipt of the report, as specified. This bill would authorize  
          local governing bodies to adopt resolutions to make these  
          provisions inoperative as to its police or sheriff's department.  

          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2010-11                  2011-12        
           2012-13                        Fund
           
          DOJ information transmission             $167                  
          $932                           $584            General  
                                                            Ongoing annual  
          costs of $335 beginning in 2013/14
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Under existing law, if a 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  
          DOJ within four hours of accepting the missing person's report.  
          Existing law also 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.

          This bill would expand the requirement to include persons  
          reported missing who are under 21 years of age, and require that  
          the report be transmitted to DOJ within two hours of accepting  
          of the report. This expansion would also be 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. This bill would then require the (VCIC within) DOJ  
          to release information contained in the aforementioned law  
          enforcement reports regarding missing or unidentified persons to  
          the NCIC to assist in the search for the missing person or  
          persons. This bill provides that DOJ will determine what  
          specific information contained in the law enforcement missing  
          persons' reports will be transmitted to the VCIC. 

          The costs identified in the fiscal estimate above reflect the  
          need for computer system changes to implement these provisions.  
          The estimate assumes that DOJ would elect to transfer both the  
          written information in the file and a photographic image of the  
          missing 

          Page 2
          AB 34 (Nava and Cook)

          person. A photographic image is essential to finding a missing  
          person, and it is unlikely that DOJ (which is given the  
          authority to determine the included information) would 
          choose to send information that does not include a photograph is  
          there is one in the department's possession. If DOJ sent only  
          the text in the missing person report, however, the costs would  
          be $117,000 General Fund in the first year, and $80,000 General  
          Fund in each subsequent year.

          DOJ has indicated that it is currently applying for a federal  
          grant to support the additional cost of transferring image  
          information. If it receives the grant, federal funds would (to  
          an unknown degree) offset the cost of this bill.