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, 2010) |
| | |2009) | | | |
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(vote not relevant)
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|COMMITTEE VOTE: |5-0 |(August 26, 2010) |RECOMMENDATION: |concur |
|Public Safety | | | | |
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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
AB 34
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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 :
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.
AB 34
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FISCAL EFFECT : According to Senate Appropriations Committee:
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
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: 0006804