BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1022|
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                                 THIRD READING


          Bill No:  AB 1022
          Author:   Nava (D) and Cook (R)
          Amended:  7/15/10 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           SENATE PUBLIC SAFETY COMMITTEE  : 7-0, 06/22/10
          AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 8/12/10
          AYES:  Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,  
            Price, Walters, Wolk, Wyland, Yee


           SUBJECT  :    Missing children

           SOURCE  :     More Kids


           DIGEST  :    This bill establishes, within the Department of  
          Justice, a director position for the purposes of assisting  
          law enforcement agencies with the timely search and  
          recovery of at-risk abducted children, maintaining  
          up-to-date knowledge and expertise of those protocols, best  
          practices, and technologies that are most effective for  
          recovering missing children, maintaining relationships with  
          law enforcement agencies and other entities responsible for  
          the investigation of missing persons, and providing  
          oversight and maintenance of the state's Child Abduction  
          First Responder List.
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           ANALYSIS  :    This bill provides that there shall be, within  
          the Department of Justice, a director responsible for  
          coordinating California's response to missing persons.   
          This position is hereby established for all of the  
          following purposes:

          1.To assist law enforcement agencies, at their request,  
            with the timely search and recovery of at-risk abducted  
            children.

          2.To maintain up-to-date knowledge and expertise of those  
            protocols, best practices, and technologies that are most  
            effective for recovering missing children in a timely  
            manner.

          3.To maintain relationships with federal, state, and local  
            law enforcement agencies and other entities responsible  
            for the investigation of missing persons in the state.

          4.To provide oversight and maintenance of the state's Child  
            Abduction First Responder List.

          This bill provides that the director shall utilize existing  
          resources and expertise within the Attorney General's  
          office to the maximum extent possible to accomplish the  
          purposes outlined in this bill.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund  
          New DOJ position              up to $112          up to  
          $208           up to $        General

          This bill requires the Department of Justice (DOJ) to  
          establish a new director position. This director would be  
          responsible for coordinating California's response to  

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          missing persons.  The director would assist law enforcement  
          agencies with the search and recovery of at-risk abducted  
          children, maintain up-to-date knowledge and expertise of  
          protocols, practices, and technologies for recovering  
          missing children in a timely manner.

          DOJ estimates that creating and filling this position will  
          incur a cost to the Division of California Justice  
          Information Services of $112,000 in 2010-11 and $208,000  
          ongoing.  This bill directs DOJ to utilize existing  
          resources to the maximum extent possible to create and fund  
          this position.  Any resources that are used to pay a new  
          director, in a newly-established, would likely trade off  
          with resources other DOJ activities.  DOJ may be able to  
          shift some additional resources to this position, but those  
          will likely be minor.

           SUPPORT  :   (Verified  8/16/10)

          More Kids (source)
          Crime Victims United of California 


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               Every year an estimated 800,000 children are reported  
               missing, more than 105,000 in California alone.  This  
               equates to more than 2,000 children each day.  A large  
               proportion of those are abducted by non-family members  
               under suspicious or unknown circumstances.  A number  
               of high-profile missing children cases within the last  
               decade have brought to light the need to bring  
               California's laws and processes for missing person  
               response and recovery in the 21st century.

               In 2009 in California, 105,171 children were reported  
               missing, according to the Department of Justice.  Of  
               that number:
               47,407 were male;
               57,764 were female;
               100,043 were determined to be runaways;
               268 were reported "lost;"
               45 were abducted by strangers;
               1,210 went missing at the hands of a family member;

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               349 were abducted under suspicious circumstances; and
               3,244 went missing under unknown circumstances. 

               According to a 1997 study, Case Management for Missing  
               Children Homicide Investigation, the murder of an  
               abducted child is a rare event ? yet 76.2% of abducted  
               children who are murdered are dead within three hours  
               of the abduction.

               California's AMBER Alert system was established on  
               July 24, 2003 (AB 415, Runner, 2002).  The criteria  
               necessary for the activation of an AMBER Alert in  
               California is very specific.  In fact, only .04% of  
               all missing children qualify for an AMBER Alert.   
               Criteria include the following and must all be met:

               Local law enforcement belief that an abduction  
               occurred;
               Child must be 17 years of age or younger;
               Child must be at risk of serious bodily harm or death;
               Sufficient descriptive information about the child  
               and/or abductor must exist to disseminate to the  
               public;

               Since 2002, there were a total of 157 AMBER Alert  
               Activations representing 205 victims abducted - all of  
               whom were safely recovered or accounted for (it is  
               assumed that unrecovered children are safe with  
               relatives in a country without an extradition policy).

               The California Child Abduction Task Force, currently  
               under the jurisdiction of the California Emergency  
               Management Agency (CalEMA), has a mission to "reduce  
               the risk and incidence of child abduction, and to  
               increase the effectiveness of a multi-disciplinary  
               response by enhancing skills, knowledge, and awareness  
               of child abduction." ?

               Child Abduction Response Teams (CARTs) are beginning  
               to take shape nationwide to respond quickly to  
               incidents of missing and abducted children.  CARTs  
               consist of law enforcement investigators, AMBER Alert  
               coordinators, policy makers, search and rescue  
               professionals, crime intelligence analysts, victim  

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               service providers, and other inter-agency resources.

               Teams exist within California in the Los Angeles and  
               San Diego areas.  While CART Teams are proving to be  
               effective multijurisdictional resources, their  
               establishment across California may prove difficult  
               with the state's ongoing $20 billion budget crises.   
               The creation of one or two similar teams on a  
               statewide level may prove to be a more cost-effective  
               method by which to rapidly recover missing children.   
               With this in mind, AB 1022 establishes the California  
               Missing Child Rapid Response Team within the Attorney  
               General's Office to assist law enforcement agencies,  
               at the request of said agencies, with the timely  
               search and recovery of at-risk abducted children.   
               Under the measure, the Team will be required to  
               maintain up-to-date knowledge and expertise of  
               protocols, best practices and technologies that are  
               most effective for recovering missing children in a  
               timely manner.  AB 1022 seeks for the Team to utilize  
               existing resources and expertise within the Attorney  
               General's office to the extent possible.


          RJG:nl  8/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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