Amended in Assembly August 14, 2014

Amended in Assembly July 3, 2014

Amended in Assembly May 28, 2014

Amended in Senate February 25, 2014

Senate BillNo. 846


Introduced by Senator Galgiani

(Coauthor: Senator Gaines)

January 9, 2014


An act to add Section 14201.2 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 846, as amended, Galgiani. Crimes: Violent Crime Information Center.

Existing law establishes the Attorney General as the chief law officer of the state, and grants the Attorney General specified law enforcement powers. Existing law requires the Attorney General to establish and maintain a Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law also requires the Attorney General to provide information on reports of missing persons to law enforcement agencies, as provided.

This bill would clarify that, notwithstanding any other law, a law enforcement agency is authorized to request a copy of information or data maintained by the Department of Justice relating to the Violent Crime Information Center. The bill would also provide related legislative findings and declarations.

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This bill would, contingent upon the enactment of SB 1066 of the 2013-14 Regular Session, incorporate additional conforming changes.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) According to a 2014 report by the National Center for
4Missing and Exploited Children entitled “The Identification of
5Unknown Child Remains: Analysis of 25 Years of Recoveries and
6Lessons Learned,” 68 percent of suspects in child abduction cases
7were known to the victim. Of those suspects known to the victim,
840 percent were family members and 60 percent were
9acquaintances.

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10(b) Unsolved missing and unidentified persons investigations
11generally lack an obvious connection between the offender and
12the victim.

end delete
begin delete

15 13(c)

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14begin insert(b)end insert There is a high probability that unsolved missing and
15unidentified persons cases across local jurisdictions may be linked
16together.

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19 17(d)

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18begin insert(c)end insert It is the intent of the Legislature to do all of the following:

19(1) Enable law enforcement agencies to generate a more
20effective response in the identification, investigation, and
21adjudication of unsolved missing and unidentified persons cases.

22(2) Enable the Attorney General to provide local law
23enforcement agencies with access to existing informational
24resources within the Department of Justice for the purpose of
25linking, and eventually resolving, unsolved missing and
26unidentified persons cases that were previously unknown to be
27related.

28(3) Authorize local law enforcement agencies from all local
29jurisdictions within California to request existing information and
30data maintained by the Department of Justice, for the purpose of
31linking, and eventually resolving, unsolved missing and
32unidentified persons cases.

33

SEC. 2.  

Section 14201.2 is added to the Penal Code, to read:

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14201.2.  

Notwithstanding any other law, a law enforcement
2agency may request a copy of information or data maintained by
3the Department of Justice pursuant to this title, for the purpose of
4linking an unsolved missing or unidentified person case with
5another case that was previously unknown to be related to that
6case, or for the purpose of resolving an unsolved missing or
7unidentified person case. This section does not supersede
8subdivision (b) of Section 14201 or subdivision (e) of Section
914203.

10begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 14201.2 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
11

begin insert14201.2.end insert  

Notwithstanding any other law, a law enforcement
12agency may request a copy of information or data maintained by
13the Department of Justice pursuant to this title, for the purpose of
14linking an unsolved missing or unidentified person case with
15another case that was previously unknown to be related to that
16case, or for the purpose of resolving an unsolved missing or
17unidentified person case. This section does not supersede
18subdivision (b) of Section 14204 or subdivision (f) of Section
1914205.

end insert
20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2.5 of this bill shall only become operative if
21both this bill and Senate Bill 1066 of the 2013-14 Regular Session
22are enacted, both bills become operative on or before January 1,
232015, and Senate Bill 1066 renumbers Sections 14201 and 14203
24of the Penal Code to Sections 14204 and 14205 of the Penal Code,
25respectively, in which case Section 2 of this bill shall not become
26operative.end insert



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