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
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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.
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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
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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
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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.