BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 34 (Nava) Hearing Date: 08/12/2010 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: 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.