BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 34
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          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  

           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  

          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)  

                                                               FN: 0006560