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, 2010)    |
        |          |     |2009)           |        |     |                     |
         ---------------------------------------------------------------------- 
                  (vote not relevant)


         ------------------------------------------------------------------------ 
        |COMMITTEE VOTE:  |5-0  |(August 26, 2010)   |RECOMMENDATION: |concur    |
        |Public Safety    |     |                    |                |          |
         ------------------------------------------------------------------------ 

        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