BILL ANALYSIS AB 34 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 34 (Nava and Cook) As Amended August 19, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(September 9, |SENATE: |36-0 |(August 24, | | | |2009) | | |2010) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: B. & F. SUMMARY : Requires the Violent Crime Information Center (VCIC) to make accessible to the National Missing and Unidentified Persons System specific information authorized for dissemination and as determined appropriate by the VCIC that is contained in law enforcement reports regarding missing or unidentified persons. The Senate amendments delete the Assembly version of this bill, and instead: 1)Mandates the information, as specified, be accessible in a manner and format approved by the VCIC and shall be used to assist in the search for the missing person or persons. 2)Prohibits the VCIC from transmitting or sharing information or portions of information, to the National Missing and Unidentified Persons System unless the reporting agency or party, as specified, with respect to the information submitted to the VCIC, submits authorization to the center to transmit or share that information. 3)Change the age from 16 to 21 in which law enforcement must submit a missing persons report to the Attorney General's (AG) Office and instead of submitting the report within four hours after receipt, local law enforcement must submit the report within two hours for inclusion in the VCIC and the National Crime Information Center database. 4)Provides that provisions of this bill shall not become operative until January 1, 2012. EXISTING LAW : AB 34 Page 2 1)Mandates the AG shall establish within the center and shall maintain an online, automated computer system designed to affect an immediate law enforcement response to reports of missing persons. The AG shall design the computer system, using any existing system, including the California Law Enforcement Telecommunications System, to include an active file of information concerning persons reported to it as missing and who have not been reported as found. The computer system shall also include a confidential historic data base. The AG shall develop a system of cataloging missing person reports according to a variety of characteristics in order to facilitate locating particular categories of reports as needed. 2)States the AG's active files, as specified, shall be made available to law enforcement agencies. The AG shall provide to these agencies the name and personal description data of the missing person including, but not limited to, the person's date of birth, color of eyes and hair, sex, height, weight, and race, the time and date he or she was reported missing, the reporting agency, and any other data pertinent to the purpose of locating missing persons. However, the AG shall not release the information if the reporting agency requests the AG in writing not to release the information because it would impair a criminal investigation. 3)Requires the AG distribute a missing children and dependent adults bulletin on a quarterly basis to local law enforcement agencies, district attorneys, and public schools. The AG shall also make this information accessible to other parties involved in efforts to locate missing children and dependent adults and to those other persons as the AG deems appropriate. AS PASSED BY THE ASSEMBLY , this bill required the licensing of all mortgage loan originators and registration with the Nationwide Mortgage Licensing System and Registry. FISCAL EFFECT : According to Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund AB 34 Page 3 DOJ information transmission $167 $932 $584 General Ongoing annual costs of $335 beginning in 2013/14 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 : Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0006560