BILL ANALYSIS
AB 34
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 34 (Nava and Cook)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: | |(September 9, |SENATE: |36-0 |(August 24, |
| | |2009) | | |2010) |
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(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
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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
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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