SB 1066, as amended, Galgiani. Missing persons.
Existing law requires the Attorney General to establish and maintain the Violent Crime Information Center to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law requires the Attorney General to establish within the center and to maintain an online, automated computer system designed to effect an immediate law enforcement response to reports of missing persons, and requires the center to make information authorized for dissemination that is contained in law enforcement reports regarding missing or unidentified persons accessible to the National Missing and Unidentified Persons System.
This bill would express the intent of the Legislature to enact legislation relating to missing persons.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) Public primary schools shall post at an appropriate
4area restricted to adults information regarding missing children
5provided by the Department of Justice pursuant to Section
begin delete 14208end delete
6 of the Penal Code.
7(b) Public secondary schools shall post at an appropriate area
8information regarding missing children provided by the Department
9of Justice pursuant to Section
begin delete 14208end delete of the Penal Code.
Upon the initial enrollment of a pupil in a public or
begin delete school;end delete or whenever an elementary
begin delete (a)end delete transfers from one school district to another, begin delete (b)end delete
15 transfers to an elementary school within the same district,
begin delete (c)end delete
16 transfers from one private elementary school to another,
begin delete (d)end delete
17 transfers from a private elementary school to a public elementary
begin delete (e)end delete transfers from a public elementary school to a private
19elementary school, the principal of the school that the child enters
P5 1or to which he or she transfers is urged to check to see if the child
2resembles a child listed as missing by the bulletins provided by
3the Department of Justice pursuant to Section
begin delete 14201end delete of the
(a) There is in the department a California Parent
7Locator Service and Central Registry that shall collect and
8disseminate all of the following, with respect to any parent, putative
9parent, spouse, or former spouse:
10(1) The full and true name of the parent together with any known
12(2) Date and place of birth.
13(3) Physical description.
14(4) Social security number.
15(5) Employment history and earnings.
16(6) Military status and Veterans
Administration or military
17service serial number.
18(7) Last known address, telephone number, and date thereof.
19(8) Driver’s license number, driving record, and vehicle
21(9) Criminal, licensing, and applicant records and information.
22(10) (A) Any additional location, asset, and income information,
23including income tax return information obtained pursuant to
begin delete 19285.1end delete of the Revenue and Taxation Code, and to
25the extent permitted by federal law, the address, telephone number,
26and social security number obtained from a public utility, cable
27television corporation, a provider of electronic digital pager
28communication, or a provider of mobile telephony services that
29may be of assistance in locating the parent, putative parent,
30abducting, concealing, or detaining parent, spouse, or former
31spouse, in establishing a parent and child relationship, in enforcing
32the child support liability of the absent parent, or enforcing the
33spousal support liability of the spouse or former spouse to the
34extent required by the state plan pursuant to Section 17604.
35(B) For purposes of this subdivision, “income tax return
36information” means all of the following regarding the taxpayer:
P6 1(v) Identity.
3(vii) Nature, source, and amount of income.
4(viii) Net worth.
8(xii) Social security number.
9(b) Pursuant to a letter of agreement entered into between the
10Department of Child Support Services and the Department of
11Justice, the Department of Child Support Services shall assume
12responsibility for the California Parent Locator Service and Central
13Registry. The letter of agreement shall, at a minimum, set forth all
14of the following:
15(1) Contingent upon funding in the Budget Act, the Department
16of Child Support Services shall assume responsibility for leadership
17and staff of the California Parent Locator Service and Central
18Registry commencing July 1, 2003.
19(2) All employees and other personnel who staff or provide
20support for the California Parent Locator Service and Central
21Registry shall, at the time of the transition, at their option, become
22the employees of the Department of Child Support Services at
23their existing or equivalent classification, salaries, and benefits.
24(3) Until the department’s automation system for the California
25Parent Locator Service and Central Registry functions is fully
26operational, the department shall use the automation system
27operated by the Department of Justice.
28(4) Any other provisions necessary to ensure continuity of
29function and meet or exceed existing levels of service.
30(c) To effectuate the purposes of this section, the California
31Child Support Automation System, the California Parent Locator
32Service and Central Registry, and the Franchise Tax Board shall
33utilize the federal Parent Locator Service to the extent necessary,
34and may request and shall receive from all departments, boards,
35bureaus, or other agencies of the state, or any of its political
36subdivisions, and those entities shall provide, that assistance and
37data that will enable the Department of Child Support Services
38and other public agencies to carry out their powers and duties to
39locate parents, spouses, and former spouses, and to identify their
40assets, to establish parent-child relationships, and to enforce
P7 1liability for child or spousal support, and for any other obligations
2incurred on behalf of children, and shall also provide that
3information to any local child support agency in fulfilling the duties
4prescribed in Section 270 of the Penal Code, and in Chapter 8
5(commencing with Section 3130) of Part 2 of Division 8 of this
6code, relating to abducted, concealed, or detained children and to
7any county child welfare agency or county probation department
8in fulfilling the duties prescribed in Article 5.5 (commencing with
9Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare
10and Institutions Code, and prescribed in Article 6 (commencing
11with Section 300) of Chapter 2 of Part 1 of Division 2 of the
12Welfare and Institutions Code to identify, locate, and notify parents
13of children who are the subject of juvenile court proceedings, to
14establish parent and child relationships pursuant to Section 316.2
15of the Welfare and Institutions Code, and to assess the
16appropriateness of placement of a child with a noncustodial parent
17pursuant to Section 361.2 of the Welfare and Institutions Code.
18County child welfare agencies and probation departments shall be
19entitled to that information regardless of whether an all-county
20letter or similar instruction is issued pursuant to subparagraph (C)
21of paragraph (8) of subdivision (c) of Section 11478.1 of the
22Welfare and Institutions Code. The California Child Support
23Automation System shall be entitled to the same cooperation and
24information as the California Parent Locator Service and Central
25Registry to the extent allowed by law. The California Child Support
26Automation System shall be allowed access to criminal record
27information only to the extent that access is allowed by state and
29(d) (1) To effectuate the purposes of this section, and
30notwithstanding any other
begin delete provision of Californiaend delete law, regulation,
31 or tariff, and to the extent permitted by federal law, the California
32Parent Locator Service and Central Registry and the California
33Child Support Automation System may request and shall receive
34from public utilities, as defined in Section 216 of the Public
35Utilities Code, customer service information, including the full
36name, address, telephone number, date of birth, employer name
37and address, and social security number of customers of the public
38utility, to the extent that this information is stored within the
39computer database of the public utility.
P8 1(2) To effectuate the purposes of this section, and
2notwithstanding any other
begin delete provision of Californiaend delete law, regulation,
3or tariff, and to the extent permitted by federal law, the California
4Parent Locator Service and Central Registry and the California
5Child Support Automation System may request and shall receive
6 from cable television corporations, as defined in Section 216.4 of
7the Public Utilities Code, the providers of electronic digital pager
8communication, as defined in Section 629.51 of the Penal Code,
9and the providers of mobile telephony services, as defined in
10Section 224.4 of the Public Utilities Code, customer service
11information, including the full name, address, telephone number,
12date of birth, employer name and address, and social security
13number of customers of the cable television corporation, customers
14of the providers of electronic digital pager communication, and
15customers of the providers of mobile telephony services.
16(3) In order to protect the privacy of utility, cable television,
17electronic digital pager communication, and mobile telephony
18service customers, a request to a public utility, cable television
19corporation, provider of electronic digital pager communication,
20or provider of mobile telephony services for customer service
21 information pursuant to this section shall meet the following
23(A) Be submitted to the public utility, cable television
24corporation, provider of electronic digital pager communication,
25or provider of mobile telephony services in writing, on a transmittal
26document prepared by the California Parent Locator Service and
27Central Registry or the California Child Support Automation
28System and approved by all of the public utilities, cable television
29corporations, providers of electronic digital pager communication,
30and providers of mobile telephony services. The transmittal shall
31be deemed to be an administrative subpoena for customer service
33(B) Have the signature of a representative authorized by the
34California Parent Locator Service and Central Registry or the
35California Child Support Automation System.
36(C) Contain at least three of the following data elements
37regarding the person sought:
38(i) First and last name, and middle initial, if known.
39(ii) Social security number.
40(iii) Driver’s license number.
P9 1(iv) Birth date.
2(v) Last known address.
3(vi) Spouse’s name.
4(D) The California Parent Locator Service and Central Registry
5and the California Child Support Automation System shall ensure
6that each public utility, cable television corporation, provider of
7electronic digital pager communication services, and provider of
8mobile telephony services has at all times a current list of the names
9of persons authorized to request customer service information.
10(E) The California Child Support Automation System and the
11California Parent Locator Service and Central Registry shall ensure
12that customer service information supplied by a public utility, cable
13television corporation, provider of electronic digital pager
14communication, or provider of mobile telephony services is
15applicable to the person who is being sought before releasing the
16information pursuant to subdivision (d).
17(4) During the development of the California Child Support
18Automation System, the department shall determine the necessity
19of additional locate sources, including those specified in this
20section, based upon the cost-effectiveness of those sources.
21(5) The public utility, cable television corporation,
22digital pager communication provider, or mobile telephony service
23provider may charge a fee to the California Parent Locator Service
24and Central Registry or the California Child Support Automation
25System for each search performed pursuant to this subdivision to
26cover the actual costs to the public utility, cable television
27corporation, electronic digital pager communication provider, or
28mobile telephony service provider for providing this information.
29(6) No public utility, cable television corporation, electronic
30digital pager communication provider, or mobile telephony service
31provider or official or employee thereof, shall be subject to criminal
32or civil liability for the release of customer service information as
33authorized by this subdivision.
34(e) Notwithstanding Section
begin delete 14202end delete
of the Penal Code,
35any records established pursuant to this section shall be
36disseminated only to the Department of Child Support Services,
37the California Child Support Automation System, the California
38Parent Locator Service and Central Registry, the parent locator
39services and central registries of other states as defined by federal
40statutes and regulations, a local child support agency of any county
P10 1in this state, and the federal Parent Locator Service. The California
2Child Support Automation System shall be allowed access to
3criminal offender record information only to the extent that access
4is allowed by law.
5(f) (1) At no time shall any information received by the
6California Parent Locator Service and Central Registry or by the
7California Child Support Automation System be disclosed to any
8person, agency, or other entity, other than those persons, agencies,
9and entities specified pursuant to Section 17505, this section, or
10any other provision
begin delete of lawend delete.
11(2) This subdivision shall not otherwise affect discovery between
12parties in any action to establish, modify, or enforce child, family,
13or spousal support, that relates to custody or visitation.
14(g) (1) The Department of Justice, in consultation with the
15Department of Child Support Services, shall promulgate rules and
16regulations to facilitate maximum and efficient use of the California
17Parent Locator Service and Central Registry. Upon implementation
18of the California Child Support Automation System, the
19Department of Child Support Services shall assume all
20responsibility for promulgating rules and regulations for use of
21the California Parent Locator Service and Central Registry.
22(2) The Department of Child Support Services, the Public
23Utilities Commission, the cable television corporations, providers
24of electronic digital pager communication, and the providers of
25mobile telephony services shall develop procedures for obtaining
26the information described in subdivision (c) from public utilities,
27cable television corporations, providers of electronic digital pager
28communication, and providers of mobile telephony services and
29for compensating the public utilities, cable television corporations,
30providers of electronic digital pager communication, and providers
31of mobile telephony services for providing that information.
32(h) The California Parent Locator Service and Central Registry
33may charge a fee not to exceed eighteen dollars ($18) for any
34service it provides pursuant to this section that is not performed
35or funded pursuant to Section 651 and following of Title 42 of the
36United States Code.
37(i) This section shall be construed in a manner consistent with
38the other provisions of this article.
Managed care health plans, confidentiality of
2proprietary information, Section
begin delete 14091.3,end delete Welfare
3and Institutions Code.
4Managed Risk Medical Insurance Board, negotiations with
5entities contracting or seeking to contract with the board,
6subdivisions (v) and (y) of Section 6254.
7Mandated blood testing and confidentiality to protect public
8health, prohibition against compelling identification of test subjects,
begin delete 120975,end delete Health and Safety Code.
10Mandated blood testing and confidentiality to protect public
11health, unauthorized disclosures of identification of test subjects,
12Sections 1603.1, 1603.3, and
begin delete 121022,end delete Health and
14Mandated blood testing and confidentiality to protect public
15health, disclosure to patient’s spouse, sexual partner, needle sharer,
16or county health officer, Section
begin delete 121015,end delete Health
17and Safety Code.
home, mobilehome, floating home, confidentiality
19of home address of registered owner, Section
begin delete 18081,end delete
20 Health and Safety Code.
21Marital confidential communications, Sections 980, 981, 982,
22983, 984, 985, 986, and
begin delete 987,end delete Evidence Code.
23Market reports, confidential, subdivision
begin delete (e),end delete Section 6254.
24Marketing of commodities, confidentiality of financial
begin delete 58781,end delete Food and Agricultural
27Marketing orders, confidentiality of processors’ or distributors’
begin delete 59202,end delete Food and Agricultural
30Marriage, confidential, certificate, Section 511, Family Code.
31Medi-Cal Benefits Program, confidentiality of information,
begin delete 14100.2,end delete Welfare and Institutions Code.
33Medi-Cal Benefits Program, Request of Department for Records
34of Information, Section
begin delete 14124.89,end delete Welfare and
36Medi-Cal Fraud Bureau, confidentiality of complaints, Section
38Medi-Cal managed care program, exemption from disclosure
39for financial and utilization data submitted by Medi-Cal managed
P12 1care health plans to establish rates, Section
begin delete 14301.1,end delete Welfare and Institutions Code.
3Medi-Cal program, exemption from disclosure for best price
4contracts between the State Department of Health Care Services
5and drug manufacturers, Section
begin delete 14105.33,end delete Welfare
6and Institutions Code.
7Medical information, disclosure by provider unless prohibited
8by patient in writing, Section
begin delete 56.16,end delete Civil Code.
9Medical information, types of information not subject to patient
10prohibition of disclosure, Section
begin delete 56.30,end delete Civil Code.
11Medical and other hospital committees and peer review bodies,
12confidentiality of records, Section
begin delete 1157,end delete Evidence
14Medical or dental licensee, action for revocation or suspension
15due to illness, report, confidentiality of, Section
begin delete 828,end delete
16 Business and Professions Code.
17Medical or dental licensee, disciplinary action, denial or
18termination of staff privileges, report, confidentiality of, Sections
19805, 805.1, and
begin delete 805.5,end delete Business and Professions Code.
20Meetings of state agencies, disclosure of agenda, Section
22Mentally abnormal sex offender committed to state hospital,
23confidentiality of records, Section
begin delete 4135,end delete Welfare and
25Mentally disordered and developmentally disabled offenders,
26access to criminal histories of, Section
begin delete 1620,end delete Penal
28Mentally disordered persons, court-ordered evaluation,
29confidentiality of reports, Section
begin delete 5202,end delete Welfare and
31Mentally disordered or mentally ill person, confidentiality of
32written consent to detainment, Section
begin delete 5326.4,end delete
33 Welfare and Institutions Code.
34Mentally disordered or mentally ill person, voluntarily or
35involuntarily detained and receiving services, confidentiality of
36records and information, Sections 5328, 5328.15, 5328.2, 5328.4,
begin delete 5328.9,end delete Welfare and Institutions Code.
disordered or mentally ill person, weapons restrictions,
39confidentiality of information about, Section
begin delete 8103,end delete
40 Welfare and Institutions Code.
P13 1Milk marketing, confidentiality of records, Section
begin delete 61443,end delete Food and Agricultural Code.
3Milk product certification, confidentiality of, Section
begin delete 62121,end delete
4 Food and Agricultural Code.
5Milk, market milk, confidential records and reports, Section
begin delete 62243,end delete
Food and Agricultural Code.
7Milk product registration, confidentiality of information, Section
begin delete 38946,end delete Food and Agricultural Code.
9Milk equalization pool plan, confidentiality of producers’ voting,
begin delete 62716,end delete Food and Agricultural Code.
11Mining report, confidentiality of report containing information
12relating to mineral production, reserves, or rate of depletion of
13mining operation, Section
begin delete 2207,end delete Public Resources
15Minor, criminal proceeding testimony closed to public, Section
begin delete 859.1,end delete Penal Code.
17Minors, material depicting sexual conduct, records of suppliers
18to be kept and made available to law enforcement, Section
begin delete 1309.5,end delete
19 Labor Code.
20Misdemeanor and felony reports by police chiefs and sheriffs
21to Department of Justice, confidentiality of, Sections 11107 and
begin delete 11107.5,end delete Penal Code.
23Monetary instrument transaction records, confidentiality of,
begin delete 14167,end delete Penal Code.
25Missing persons’ information, disclosure of, Sections
begin delete 14201 and Penal Code.
27Morbidity and mortality studies, confidentiality of records,
begin delete 100330,end delete Health and Safety Code.
29Motor vehicle accident reports, disclosure, Sections 16005,
begin delete 20014,end delete Vehicle Code.
31Motor vehicles, department of, public records, exceptions,
32Sections 1808 to 1808.7,
begin delete inclusive,end delete Vehicle Code.
33Motor vehicle insurance fraud reporting, confidentiality of
34information acquired, Section
begin delete 1874.3,end delete Insurance
36Motor vehicle liability insurer, data reported to Department of
37Insurance, confidentiality of, Section
begin delete 11628,end delete Insurance
39Multijurisdictional drug law enforcement agency, closed sessions
40to discuss criminal investigation, Section 54957.8.
(a) The board shall
begin delete utilize theend delete
4 provisions of this article
begin delete, insofar as they may be made applicable,end delete
5 to establish a claim and reward procedure to reward persons
6providing information leading to the location of any child listed
7in the missing children registry compiled pursuant to former
8Section 11114 of the Penal Code or maintained pursuant to the
9system maintained pursuant to Sections
begin delete 14201 and 14202end delete of the Penal Code.
11(b) Awards shall be made upon recommendation of the
12Department of Justice in an amount of not to exceed five hundred
13dollars ($500) to any one individual. However, as a condition to
14an award, in any particular case, an amount equal to or greater in
15nonstate funds shall have been first offered as a reward for
16information leading to the location of that missing child.
17(c) The Missing Children Reward Fund is hereby created in the
18State Treasury and is continuously appropriated to the California
19Victim Compensation and Government Claims Board to make
20awards pursuant to this section.
begin deleteAny end deletepostmortem examination or autopsy
24conducted at the discretion of a coroner
26 upon an unidentified body or human remains
begin delete shall beend delete subject to
28(b) A postmortem examination or autopsy shall include, but
29shall not be limited to, the following procedures:
30(1) Taking of all available fingerprints and palms prints.
31(2) A dental examination consisting of dental charts and dental
32X-rays of the deceased person’s teeth, which may be conducted
33on the body or human remains by a qualified dentist as determined
34by the coroner.
35(3) The collection of tissue, including a hair sample, or body
36fluid samples for future DNA testing, if necessary.
37(4) Frontal and lateral facial photographs with the scale
P15 1(5) Notation and photographs, with a scale, of significant scars,
2marks, tattoos, clothing items, or other personal effects found with
3or near the body.
4(6) Notations of observations pertinent to the estimation of the
5time of death.
6(7) Precise documentation of the location of the remains.
7(c) The postmortem examination or autopsy of the unidentified
8body or remains may include full body X-rays.
9(d) The coroner shall prepare a final
11report of investigation in a format established by the Department
12of Justice. The final report shall list or describe the information
13collected pursuant to the postmortem examination or autopsy
14conducted under subdivision (b).
15(e) The body of an unidentified deceased person may not be
16cremated or buried until the jaws (maxilla and mandible with teeth)
17and other tissue samples are retained for future possible use. Unless
18the coroner has determined that the body
20of the unidentified deceased person has suffered significant
21deterioration or decomposition, the jaws shall not be removed until
22immediately before the body is cremated or buried. The coroner shall retain the jaws and other tissue
25samples for one year after a positive identification is made, and
26no civil or criminal challenges are pending, or indefinitely.
27(f) If the coroner with the aid of the dental examination and any
28other identifying findings is unable to establish the identity of the
29body or human remains, the coroner shall submit dental charts and
30dental X-rays of the unidentified deceased person to the Department
31of Justice on forms supplied by the Department of Justice within
3245 days of the date the body or human remains were discovered.
33(g) If the coroner with the aid of the dental examination and
34other identifying findings is unable to establish the identity of the
35body or human remains, the coroner shall submit the final report
36of investigation to the Department of Justice within 180 days of
37the date the body or human remains were discovered.
begin deleteThe end delete law enforcement agency investigating
3the death of an unidentified person shall report the death to the
4Department of Justice,
begin delete in a format acceptable to the Department no later than 10 calendar days after the date the
5of Justice,end delete
7body or human remains were discovered.
(a) Every district attorney, clerk, judge, or peace officer
36who, except by issuing or in executing a search warrant or warrant
37of arrest for a felony, willfully discloses the fact of the warrant
38prior to execution for the purpose of preventing the search or
39seizure of property or the arrest of any person shall be punished
P17 1by imprisonment in a county jail for not exceeding one year or
2pursuant to subdivision (h) of Section 1170.
3(b) This section shall not prohibit the following:
4(1) A disclosure made by a district attorney or the Attorney
5General for the sole purpose of securing voluntary compliance
6with the warrant.
7(2) Upon the return
of an indictment and the issuance of an
8arrest warrant, a disclosure of the existence of the indictment and
9arrest warrant by a district attorney or the Attorney General to
10assist in the apprehension of a defendant.
11(3) The disclosure of an arrest warrant pursuant to paragraph
12(1) of subdivision (a) of Section
begin delete 14201.6end delete.
(a) (1) Any parent or guardian having the care, custody,
15or control of a child under 14 years of age who knows or should
16have known that the child has died shall notify a public safety
17agency, as defined in Section 53102 of the Government Code,
18within 24 hours of the time that the parent or guardian knew or
19should have known that the child has died.
20(2) This subdivision shall not apply when a child is otherwise
21under the immediate care of a physician at the time of death, or if
22a public safety agency, a coroner, or a medical examiner is
23otherwise aware of the death.
24(b) (1) Any parent or guardian having the care, custody, or
25control of a child under 14 years of age shall notify law
26enforcement within 24 hours of the time that the parent or guardian
27knows or should have known that the child is a missing person
28and there is evidence that the child is a person at risk, as those
29terms are defined in Section
begin delete 14213end delete.
30(2) This subdivision shall not apply if law enforcement is
31otherwise aware that the child is a missing person.
32(c) A violation of this section is a misdemeanor punishable by
33imprisonment in a county jail for not more than one year, or by a
34fine not exceeding one thousand dollars ($1,000), or by both that
35fine and imprisonment.
36(d) Nothing in this section shall
preclude prosecution under any
37other provision of law.
The Attorney General shall establish and maintain
40the Violent Crime Information Center to assist in the identification
P18 1and the apprehension of persons responsible for specific violent
2crimes and for the disappearance and exploitation of persons,
3particularly children and
begin delete dependentend delete adults. begin delete Theend delete
4 center shall establish and maintain programs which
5include, but are not limited to, all of the following:
begin delete developing
6violent offender profiles; assisting local law enforcement agencies
7and county district attorneys by providing investigative information
8on persons responsible for specific violent crimes and missing
9person cases; providing physical description information and
10photographs, if available, of missing persons to county district
11attorneys, nonprofit missing persons organizations, and schools;
12and providing statistics on missing dependent adults and on missing
13children, including, as may be applicable, family abductions,
14nonfamily abductions, voluntary missing, and lost children or lost
15dependent adults.end delete
(a) The Attorney General shall establish within the
37center and shall maintain an online, automated computer system
38designed to effect an immediate law enforcement response to
39reports of missing persons. The Attorney General shall design the
40computer system, using any existing system, including the
P19 1California Law Enforcement Telecommunications System, to
2include an active file of information concerning persons reported
3to it as missing and who have not been reported as found. The
4computer system shall also include a confidential historic
begin delete data . The Attorney General shall develop a system of
6cataloging missing person reports according to a variety of
7characteristics in order to facilitate locating particular categories
8of reports as needed.
9(b) The Attorney General’s active files described in subdivision
10(a) shall be made available to law enforcement agencies. The
11Attorney General shall provide to these agencies the name and
12personal description data of the missing person including, but not
13limited to, the person’s date of birth, color of eyes and hair, sex,
14height, weight, and race, the time and date he or she was reported
15missing, the reporting agency, and any other data pertinent to the
16purpose of locating missing persons. However, the Attorney
17General shall not release the information if the reporting agency
18requests the Attorney General in writing not to release the
19information because it would impair a criminal investigation.
20(c) The Attorney General shall distribute a missing children and
begin delete dependentend delete adults bulletin on a quarterly basis to local law
22enforcement agencies, district attorneys, and public schools. The
23Attorney General shall also make this information accessible to
24other parties involved in efforts to locate missing children and
begin delete dependentend delete adults and to those other persons as the Attorney
26General deems appropriate.
27This section shall become operative on July 1, 1989.end delete
The Attorney General shall establish and maintain,
32upon appropriation of funds by the Legislature, the Violent Crime
33Information Network within the center to enable the Department
34of Justice crime analysts with expertise in child abuse, missing
35persons, child abductions, and sexual assaults to electronically
36share their data, analysis, and findings on violent crime cases with
37each other, and to electronically provide law enforcement agencies
38with information to assist in the identification, tracking, and
39apprehension of violent offenders. The Violent Crime Information
P20 1Network shall
begin delete serve toend delete
integrate existing state, federal, and civilian
2data bases into a single comprehensive network.
The center shall make accessible to the National Missing
7and Unidentified Persons System specific information authorized
8for dissemination and as determined appropriate by the center that
9is contained in law enforcement reports regarding missing or
10unidentified persons. The information shall be accessible in a
11manner and format approved by the center and shall be used to
12assist in the search for the missing person or persons. The center
13shall not permit the transmission or sharing of information, or
14portions of information, to the National Missing and Unidentified
15Persons System unless the reporting agency, as specified in Section
begin delete 14205end delete, or the reporting party, with respect to the information
17submitted to the center, submits authorization to the center to
18transmit or share that information.
(a) The Attorney General shall establish within the
23Department of Justice the Missing and Exploited Children’s
24Recovery Network by July 31, 1995.
25(b) This network shall consist of an automated computerized
26system that shall have the capability to electronically transmit to
27all state and local law enforcement agencies, and all cooperating
28news media services, either by facsimile or computer modem, a
29missing child poster that includes the name, personal description
30data, and picture of the missing child. The information contained
31in this poster shall include, but not be limited to, the child’s date
32of birth, color of eyes and hair, sex, height, weight, race, the time
33and date he or she was reported missing, the reporting agency,
34including contact person at reporting agency if known, and any
35other data pertinent to the purpose of locating missing persons.
36(c) The Department of Justice shall work in cooperation with
37the National Center for Missing and Exploited Children to develop
38and implement a network that can electronically interface with the
39National Missing and Exploited Children’s Network.
P21 1(d) The Attorney General shall implement this network within
2existing Department of Justice resources.
(a) The Department of Justice shall establish and
7maintain a publicly accessible computer internet directory of
8information relating to the following:
9(1) Persons for whom an arrest warrant has been issued pursuant
10to an alleged violation of any offense defined as a violent felony
11in subdivision (c) of Section 667.5.
begin deleteCritical end deletemissing begin delete childrenend delete.
13(3) Unsolved homicides.
14(b) The Attorney General may determine the extent of
15information and the priority of cases to be included in the directory.
16(c) The department shall keep confidential, and not enter into
17the directory, either of the following:
18(1) Information regarding any case for which the Attorney
19General has determined that disclosure pursuant to this section
20would endanger the safety of a person involved in an investigation
21or the successful completion of the investigation or a related
23(2) Information regarding an arrest warrant for which the issuing
24magistrate has determined that disclosure pursuant to this section
25would endanger the safety of a person involved in an investigation
26or the successful completion of the investigation or a related
28(d) For purposes of this section, “critical missing child” includes,
29but is not limited to, any case of a missing child for which there
30is evidence or indications that the child is at risk, as specified in
31subdivision (b) of Section 14213.
(a) There shall be within the Department of Justice a
36director responsible for coordinating California’s response to
37missing persons. This position is hereby established for all of the
39(1) To assist law enforcement agencies, at their request, with
40the timely search and recovery of
begin delete at-risk abductedend delete children.
P22 1(2) To maintain up-to-date knowledge and expertise of those
2protocols, best practices, and technologies that are most effective
3for recovering missing children in a timely manner.
4(3) To maintain relationships with federal, state, and local law
5enforcement agencies and other entities responsible for the
6investigation of missing persons in the state.
7(4) To maintain records and make the Commission on Peace
8Officer Standards and Training Guidelines for Handling Missing
9Persons Investigations document available to law enforcement
10agencies upon request.
11(b) The director shall utilize existing resources and expertise
12within the Attorney General’s office to the maximum extent
13possible to accomplish the purposes specified in subdivision (a).
(a) The Attorney General shall establish and maintain
18within the center an investigative support unit and an automated
19violent crime method of operation system to facilitate the
20identification and apprehension of persons responsible for murder,
21kidnap, including parental abduction, false imprisonment, or sexual
22assault. This unit shall be responsible for identifying perpetrators
23of violent felonies collected from the center and analyzing and
24comparing data on missing persons in order to determine possible
25leads which could assist local law enforcement agencies. This unit
26shall only release information about active investigations by police
27and sheriffs’ departments to local law enforcement agencies.
28(b) The Attorney General shall make available to the
29investigative support unit files organized by category of offender
30or victim and shall seek information from other files as needed by
31the unit. This set of files may include, among others, the following:
32(1) Missing or unidentified, deceased persons’ dental files filed
33pursuant to this title, Section 27521 of the Government Code, or
34Section 102870 of the Health and Safety Code.
35(2) Child abuse reports filed pursuant to Section 11169.
36(3) Sex offender registration files maintained pursuant to Section
38(4) State summary criminal history information maintained
39pursuant to Section 11105.
P23 1(5) Information obtained pursuant to the parent locator service
2maintained pursuant to Section 11478.1 of the Welfare and
4(6) Information furnished to the Department of Justice pursuant
5to Section 11107.
6(7) Other Attorney General’s office files as requested by the
7investigative support unit.
8(c) The investigative support unit shall make available, within
9two hours of a reported stranger abduction of a child, a list of
10persons required to register as sex offenders based upon the modus
11operandi, if available, or the specified geographical location from
12which the child was abducted.
The Attorney General shall establish and maintain,
17upon appropriation of funds by the Legislature, within the center
18the Violent Crime Information System to track and monitor violent
19offenders and their activities. The Violent Crime Information
20System shall use computer technology to compare unsolved crime
21scene and methods of operation information against the file of
22known violent sexual assault, kidnapping, and homicide
begin delete offenders,
23containing over 40,000 violent, kidnapping, and homicideend delete
24 offenders. The system shall provide local law enforcement agencies
25with investigative leads to assist in the resolution of violent crimes.
(a) The Department of Justice, in conjunction with the
30Department of Corrections and Rehabilitation, shall update any
31supervised release file that is available to law enforcement on the
32California Law Enforcement Telecommunications System every
3310 days to reflect the most recent inmates paroled from facilities
34under the jurisdiction of the Department of Corrections and
36(b) Commencing on July 1, 2001, The Department of Justice,
37in consultation with the State Department of Mental Health, or its
38successor, the State Department of State Hospitals, shall also
39update any supervised release file that is available to law
40enforcement on the California Law Enforcement
P24 1Telecommunications System every 10 days to reflect patients
2undergoing community mental health treatment and supervision
3through the Forensic Conditional Release Program administered
4by the State Department of Mental Health, or its successor, the
5State Department of State Hospitals, other than individuals
6committed as incompetent to stand trial pursuant to Chapter 6
7(commencing with Section 1367) of Title 10 of Part 2.
(a) The online missing persons registry shall accept
12and generate complete information on a missing person.
13(b) The information on a missing person shall be retrievable by
14any of the following:
15(1) The person’s name.
16(2) The person’s date of birth.
17(3) The person’s social security number.
18(4) Whether a dental chart has been received, coded, and entered
19into the National Crime Information Center Missing Person System
20by the Attorney General.
21(5) The person’s physical description, including hair and eye
22color and body marks.
23(6) The person’s known associates.
24(7) The person’s last known location.
25(8) The name or assumed name of the abductor, if applicable,
26other pertinent information relating to the abductor or the assumed
27abductor, or both.
28(9) Any other information, as deemed appropriate by the
30(c) The Attorney General, in
consultation with local law
31enforcement agencies and other user groups, shall develop the
32form in which information shall be entered into the system.
33(d) The Attorney General shall establish and maintain within
34the center a separate, confidential historic database relating to
35missing children and
begin delete dependentend delete adults. The historic database
36may be used only by the center for statistical and research purposes.
37The historic database shall be set up to categorize cases relating
38to missing children and
begin delete dependentend delete adults by type. These
39types shall include the following:
begin delete runaways, voluntary missing,
40lost, abduction involving movement of the victim in the
P25 1commission of the crime or sexual exploitation of the victim,
2nonfamily abduction, family abduction, and any other categories
3as determined by the Attorney General. Inend delete
12 addition, the data shall include the number of missing
13children and missing
begin delete dependentend delete adults in this state and the
14category of each case.
16 The center may supply information about specific cases from
17the historic database to a local police department, sheriff’s
18department, or district attorney, only in connection with an
19investigation by the police department, sheriff’s department, or
20district attorney of a missing person case or a violation or attempted
21violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any
22sex offense listed in Section 290, except for the offense specified
23in subdivision (d) of Section 243.4.
The Attorney General shall provide training on the
26services provided by the center to line personnel, supervisors, and
27investigators in the following fields: law enforcement, district
28attorneys’ offices, the Department of Corrections and
29Rehabilitation, probation departments, court mediation services,
30and the judiciary.
(a) All local police and sheriffs’ departments shall
35accept any report, including any telephonic report,
36of a missing person, including runaways, without delay and shall
37give priority to the handling of these reports over the handling of
38reports relating to crimes involving property.
begin delete Inend delete
39 cases where the person making a report of a missing
40person or runaway, contacts, including by telephone, the
P26 1 California Highway Patrol, the California Highway Patrol may take the report, and shall
3immediately advise the person making the report of the name and
4telephone number of the police or sheriff’s department having
5jurisdiction of the residence address of the missing person and of
6the name and telephone number of the police or sheriff’s
7department having jurisdiction of the place where the person was
begin delete Inend delete
9 cases of reports involving missing persons, including, but
10not limited to, runaways, the local police or sheriff’s department
11shall immediately take the report and make an assessment of
12reasonable steps to be taken to locate the
begin delete person. Ifend delete
15 the missing person is under
begin delete 16end delete years of age, or there
16is evidence that the person is at risk, the department shall broadcast a “Be On the Look-Out”
18bulletin, without delay, within its jurisdiction.
20 If the person reported missing is under 21 years of age, or
21if there is evidence that the person is at risk, the law enforcement
22agency receiving the report shall, within two hours after the receipt
23of the report, transmit the report to the Department
24of Justice for inclusion in the Violent Crime Information Center and
26the National Crime Information Center databases.
4 In cases where the report is taken by a department, other
5than that of the city or county of residence of the missing person
6or runaway, the department, or division of the
7 California Highway Patrol taking the report shall, without delay,
8and, in the case of
begin delete childrenend delete under begin delete 16end delete years of age or
9where there was evidence that the missing person was at risk,
10within no more than 24 hours, notify, and forward a copy of the
11report to the police or sheriff’s department or departments having
12jurisdiction of the residence address of the missing person or
13runaway and of the place where the person was last seen. The
14report shall also be submitted by the department or division of the
15 California Highway Patrol which took the report
16to the center.
20 The requirements imposed by this section on local police
21and sheriffs’ departments shall not be operative if the governing
22body of that local agency, by a majority vote of the members of
23that body, adopts a resolution expressly making those requirements
begin delete(1)end delete begin delete end deleteWhen any person makes a report of a missing
29person to a police department, sheriff’s department, district
30attorney’s office, California Highway Patrol,
31or other law enforcement agency, the
begin delete report shall be given in person the Attorney
32or by mail in a format acceptable toend delete
begin delete Generalend delete. That
34form shall include a statement authorizing the release of the dental
35or skeletal X-rays, or both, of the person
36reported missing and authorizing the release of a recent photograph
37of a person reported missing who is under 18 years of age.
begin deleteIncludedend delete
38 with the form shall be instructions which state that
39if the person reported missing is still missing 30 days after the
40report is made, the release form signed by a member of the family
P28 1or next of kin of the missing person shall be taken by the family
2member or next of kin to the dentist, physician and surgeon, or
3medical facility in order to obtain the release of the dental or
4skeletal X-rays, or both, of that person or
5may be taken by a peace officer, if others fail to take action, to
6secure those X-rays.
begin delete Notwithstandingend delete
any other provision of law, dental or skeletal
8X-rays, or both, shall be released by the
9dentist, physician and surgeon, or medical facility to the person
10presenting the request and shall be submitted within 10 days by
11that person to the police or sheriff’s department or other law
12enforcement agency having jurisdiction over the investigation.
begin delete Whenend delete
14 the person reported missing has not been found within 30
begin delete and no family or next of kin exists or can be locatedend delete, the law
17enforcement agency may execute a written declaration, stating that
18an active investigation seeking the location of the missing person
19is being conducted, and that the dental or skeletal X-rays, or both,
20 are necessary for the exclusive purpose of
21furthering the investigation.
begin delete Notwithstandingend delete
any other provision of law, the written
23declaration, signed by a peace officer, is sufficient authority for
24the dentist, physician and surgeon, or medical facility to
25 release the missing person’s dental or skeletal X-rays,
27(2) The form provided under this subdivision shall also state
28that if the person reported missing is under 18 years of age, the
29completed form shall be taken to the dentist, physician and surgeon,
30or medical facility immediately when the law enforcement agency
31determines that the disappearance involves evidence that the person
32is at risk or when the law enforcement agency determines that the
33person missing is under 16 years of age and has been missing at
34least 14 days. The form shall further provide that the dental or
35skeletal X-rays, or both, and a recent photograph of the missing
36child shall be submitted immediately to the law enforcement
37agency. Whenever authorized under this subdivision to execute a
38written declaration to obtain the release of dental or skeletal X-rays,
39or both, is provided, the investigating law enforcement agency
40may obtain those X-rays when a person reported missing is under
P29 118 years of age and the law enforcement agency determines that
2the disappearance involves evidence that the person is at risk. In
3each case, the law enforcement agency may confer immediately
4with the coroner or medical examiners and may submit its report
5including the dental or skeletal X-rays, or both, within 24 hours
6thereafter to the Attorney General. The
Attorney General’s office shall code and enter the dental
8or skeletal X-rays, or both, into the
begin delete center.end delete
12 When a person reported missing has not been found within
begin delete 45end delete
days, the sheriff, chief of police, or other law enforcement
14agency conducting the investigation for the missing person may
15confer with the coroner or medical examiner prior to the
16preparation of a missing person report. The coroner or medical
17examiner shall cooperate with the law enforcement agency. After
18conferring with the coroner or medical examiner, the sheriff, chief
19of police, or other law enforcement agency initiating and
20conducting the investigation for the missing person may submit a
21missing person report and the dental or skeletal X-rays, or both,
22and photograph received pursuant to subdivision (a) to the Attorney
23General’s office in a format acceptable to the Attorney General.
25 Nothing in this section prohibits a parent or guardian of a
26child, reported to a law enforcement agency as missing, from
27voluntarily submitting fingerprints, and other documents, to the
28law enforcement agency accepting the report for inclusion in the
29report which is submitted to the Attorney General.
31 The requirements imposed by this section on local police
32and sheriff’s departments shall not be operative if the governing
33body of that local agency, by a majority vote of the members of
34that body, adopts a resolution expressly making those requirements
(a) When a person reported missing has been found,
40the sheriff, chief of police, coroner or medical examiner, or the
P30 1law enforcement agency locating the missing person shall
2immediately report that information to the Attorney General’s
5(b) When a
begin delete child under 12 years of age or a missing person, is found, the report indicating that the person is found shall
6where there was evidence that the person was at risk,end delete
8be made not later than 24 hours after the person is found
begin delete. A report to the law enforcement agency that made the
9shall also be madeend delete
10initial missing person report.
begin delete The Attorney General’s office shall
11then notify the National Crime Information Center that the missing
12person has been found.end delete
13(c) In the event that a missing person is found alive or dead in
14less than 24 hours and the local police or sheriff’s department has
15reason to believe that the person had been abducted, the department
16shall submit a report to the center in a format established by the
17Attorney General. In the event that a missing person has been
18found before he or she has been reported missing to the center, the
19information related to the incident shall be submitted to the center.
(a) The Department of Justice shall operate a statewide,
28toll-free telephone hotline 24 hours per day, seven days per week
29to receive information regarding missing children and
begin delete dependentend delete
30 adults and relay this information to the appropriate law
32(b) The Department of Justice shall select up to six children
33month from the missing
begin delete children registry maintained pursuant to maintained pursuant to
34former Section 11114 or pursuant to the systemend delete
begin delete Sections 14201 and 14202end delete and shall produce posters
37with photographs and information regarding these children,
38including the missing children hotline telephone number and
39reward information. The department shall make these posters
P31 1available to parties as prescribed and as the department deems
(a) The Department of Justice shall provide appropriate
26local reporting agencies with a list of persons still listed as missing
27who are under 18 years of age, with an appropriate waiver form
28in order to assist the reporting agency in obtaining a photograph
29of each of the missing children.
30(b) Local reporting agencies shall attempt to obtain the most
31recent photograph available for persons still listed as missing and
32forward those photographs to the Department of Justice.
33(c) The department shall include these photographs, as they
34become available, in the quarterly bulletins pursuant to subdivision
35(c) of Section 14201.
36(d) State and local elected officials, agencies, departments,
37boards, and commissions may enclose in their mailings information
38regarding missing children or dependent adults obtainable from
39the Department of Justice or any organization that is recognized
40as a nonprofit, tax-exempt organization under state or federal law
P32 1and that has an ongoing missing children program. Elected
2officials, agency secretaries, and directors of departments, boards,
3and commissions are urged to develop policies to enclose missing
4children or dependent adults information in mailings when it will
5not increase postage costs, and is otherwise deemed appropriate.
(a) The Legislature finds and declares that it is the duty
10of all law enforcement agencies to immediately assist any person
11who is attempting to make a report of a missing person or runaway.
12(b) The Department of the California Highway Patrol shall
13continue to implement the written policy, required to be developed
14and adopted pursuant to former Section 11114.3, for the
15coordination of each of its divisions with the police and sheriffs’
16departments located within each division in taking, transmitting,
17and investigating reports of missing persons, including runaways.
(a) As used in this title, “missing person” includes, but
22is not limited to, a child who has been taken, detained, concealed,
23enticed away, or retained by a parent in violation of Chapter 4
24(commencing with Section 277) of Title 9 of Part 1. It also includes
25any child who is missing voluntarily or involuntarily, or under
26circumstances not conforming to his or her ordinary habits or
27behavior and who may be in need of assistance.
28(b) As used in this title,
begin delete “evidence that the person is at risk” evidence
29includes, but is not limited to,end delete
30 or indications of any of the following:
31(1) The person missing is the victim of a crime or foul play.
32(2) The person missing is in need of medical attention.
33(3) The person missing has no pattern of running away or
35(4) The person missing may be the victim of parental abduction.
36(5) The person missing is mentally impaired.
37(c) As used in this title, “child” is any person under the age of
39(d) As used in this title, “center” means the Violent Crime
P33 1(e) As used in this title, “dependent adult”
is any person
2described in subdivision (h) of Section 368, regardless of whether
3the person lives independently.
5 As used in this title, “dental or medical records or X-rays,”
6include all those records or X-rays which are in the possession of
7a dentist, physician and surgeon, or medical facility.
It is the intent of the Legislature to enact
17legislation relating to missing persons.