Amended in Senate April 3, 2014

Senate BillNo. 1066


Introduced by Senator Galgiani

February 18, 2014


An act tobegin insert amend Sections 38139 and 49068.5 of the Education Code, to amend Section 17506 of the Family Code, to amend Sections 6276.30, 13974.1, 27521, and 27521.1 of the Government Code, to amend Sections 168, 273j, and 14200 of, to amend and renumber Sections 14201, 14201.1, 14201.3, 14201.5, 14201.6, 14201.8, 14202, 14202.1, 14202.2, 14203, 14205, 14206, 14207, 14208, 14210, and 14213 of, and to repeal Sections 14204 and 14209 of, the Penal Code,end insert relating to missing persons.

LEGISLATIVE COUNSEL’S DIGEST

SB 1066, as amended, Galgiani. Missingbegin insert or unidentifiedend insert persons.

begin insert

Existing law requires a postmortem examination or autopsy that is conducted at the discretion of the coroner to include certain procedures, including, among others, taking available fingerprints and palm prints and a dental examination including dental charts and dental X-rays, as specified. Existing law requires the coroner to prepare a final report of investigation containing information collected pursuant to the postmortem examination or autopsy. Existing law, subject to exception, prohibits cremation or burying of an unidentified deceased person until the jaws and other tissue samples are retained by the coroner.

end insert
begin insert

This bill would extend the application of these provisions to a medical examiner or other agency responsible for a postmortem examination or autopsy.

end insert
begin insert

Existing law requires a coroner to submit dental charts and dental X-rays of an unidentified deceased person to the Department of Justice, if the coroner is unable to establish the identity of the body or human remains, within 45 days of the date the body or human remains were discovered and to submit the final report of investigation to the department within 180 days of the date the body or human remains were discovered. Existing law requires a law enforcement agency to report the death of an unidentified person to the department no later than 10 days after the date the body or human remains were discovered.

end insert
begin insert

This bill would reorganize and also apply these provisions to a police department, sheriff’s office, medical examiner, or other law enforcement agency investigating the death of an unidentified person. The bill would require the report to be made using the department’s Unidentified Deceased Person Reporting Form. The bill would require the department to serve as a statewide repository for final reports of investigation and to maintain dental records in the Violent Crime Information Center database and the National Crime Information Center database. The bill would require a final report of investigation from a postmortem examination or autopsy to additionally include any homicide report, anthropology report, fingerprints, photographs, and autopsy report.

end insert
begin insert

By increasing the responsibilities of local government agencies, this bill would impose a state-mandated local program.

end insert

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.

begin delete

This bill would express the intent of the Legislature to enact legislation relating to missing persons.

end delete
begin insert

This bill would reorganize and recast these and other provisions relating to missing persons, and would make conforming and technical changes.

end insert
begin insert

Existing law requires the Department of Justice to establish and maintain a publicly accessible computer Internet directory of information relating to, among other things, missing children who are “at risk,” as defined, and unsolved homicides.

end insert
begin insert

This bill would expand those provisions to include persons who are at risk, as defined, and unidentified persons, as defined.

end insert
begin insert

Existing law requires a police department or sheriff’s department to broadcast, without delay, a “Be On the Look-Out” bulletin within its jurisdiction if the person reported missing is under 16 years of age. Existing law also requires that in cases where the missing person is under 16 years of age, and the report is taken by a the Department of the California Highway Patrol, or a department other than that of the city or county of residence of the missing person or runaway, the department taking the report shall, within 24 hours, notify, and forward a copy of the report to the police or sheriff’s departments having jurisdiction of the residence address of the missing person and of the place where the person was last seen. Existing law also requires that the report be submitted to the Violent Crime Information Center, if the report was taken by the Department of the California Highway Patrol. Existing law requires, if the person reported missing is under 21 years of age, or if there is evidence that the person is at risk, that the law enforcement agency receiving the report shall, within 2 hours after the receipt of the report, transmit the report to the Department of Justice. Existing law provides that these requirements on local police and sheriffs’ departments shall not be operative if the governing body of the local agency adopts a resolution expressly making those requirements inoperative.

end insert
begin insert

This bill would extend the above-described requirements that are applicable to missing persons under 16 years of age to missing persons under 21 years of age. The bill would require the report transmitted to the Department of Justice to be done electronically using the California Law Enforcement Communications System. The bill would also require that information not immediately available for electronic transmission to the department be obtained by the investigating agency and provided as a supplement to the original entry as soon as possible, but in no event later than 60 days after the original electronic entry. The bill would specify the supplemental information to be provided.

end insert
begin insert

Existing law requires that a report of a missing person to a police department, sheriff’s department, district attorney’s office, Department of the California Highway Patrol, or other law enforcement agency be given in person or by mail, on a form approved by the Attorney General. Existing law requires the form to contain a release to secure dental or skeletal X-rays, or both, of the missing person.

end insert
begin insert

This bill would delete the requirement that the report be made in person or by mail and would require the form to include release of the treatment notes related to the X-rays. The bill would require the center’s database to serve as a statewide database for those X-rays, and would require the Attorney General to forward the information to the National Crime Information Center.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 38139 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

38139.  

(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 Sectionbegin delete 14208end delete
6begin insert 14210end insert 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 Sectionbegin delete 14208end deletebegin insert 14210end insert of the Penal Code.

10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 49068.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
11read:end insert

12

49068.5.  

Upon the initial enrollment of a pupil in a public or
13private elementarybegin delete school;end deletebegin insert school,end insert or whenever an elementary
14school pupilbegin 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
18school, orbegin 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 Sectionbegin delete 14201end deletebegin insert 14204end insert of the
4Penal Code.

5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 17506 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

6

17506.  

(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
11aliases.

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
20registration information.

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
24Sectionbegin delete 19285.1end deletebegin insert 19548end insert 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:

37(i) Assets.

38(ii) Credits.

39(iii) Deductions.

40(iv) Exemptions.

P6    1(v) Identity.

2(vi) Liabilities.

3(vii) Nature, source, and amount of income.

4(viii) Net worth.

5(ix) Payments.

6(x) Receipts.

7(xi) Address.

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
28federal law.

29(d) (1) To effectuate the purposes of this section, and
30notwithstanding any otherbegin 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 otherbegin 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
22requirements:

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
32information.

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, electronic
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 Sectionbegin delete 14202end deletebegin insert 14203end insert 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 provisionbegin 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.

39begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 6276.30 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P11   1

6276.30.  

Managed care health plans, confidentiality of
2proprietary information, Sectionbegin delete 14091.3,end deletebegin insert 14091.3 of theend insert 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,
9Sectionbegin delete 120975,end deletebegin insert 120975 of theend insert 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, andbegin delete 121022,end deletebegin insert 121022 of theend insert Health and
13Safety Code.

14Mandated blood testing and confidentiality to protect public
15health, disclosure to patient’s spouse, sexual partner, needle sharer,
16or county health officer, Sectionbegin delete 121015,end deletebegin insert 121015 of theend insert Health
17and Safety Code.

18Manufactured home, mobilehome, floating home, confidentiality
19of home address of registered owner, Sectionbegin delete 18081,end deletebegin insert 18081 of theend insert
20 Health and Safety Code.

21Marital confidential communications, Sections 980, 981, 982,
22983, 984, 985, 986, andbegin delete 987,end deletebegin insert 987 of theend insert Evidence Code.

23Market reports, confidential, subdivisionbegin delete (e),end deletebegin insert (e) ofend insert Section 6254.

24Marketing of commodities, confidentiality of financial
25information, Sectionbegin delete 58781,end deletebegin insert 58781 of theend insert Food and Agricultural
26Code.

27Marketing orders, confidentiality of processors’ or distributors’
28information, Sectionbegin delete 59202,end deletebegin insert 59202 of theend insert Food and Agricultural
29Code.

30Marriage, confidential, certificate, Section 511, Family Code.

31Medi-Cal Benefits Program, confidentiality of information,
32Sectionbegin delete 14100.2,end deletebegin insert 14100.2 of theend insert Welfare and Institutions Code.

33Medi-Cal Benefits Program, Request of Department for Records
34of Information, Sectionbegin delete 14124.89,end deletebegin insert 14124.89 of theend insert Welfare and
35Institutions Code.

36Medi-Cal Fraud Bureau, confidentiality of complaints, Section
3712528.

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, Sectionbegin delete 14301.1,end deletebegin insert 14301.1 of
2theend insert
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, Sectionbegin delete 14105.33,end deletebegin insert 14105.33 of theend insert Welfare
6and Institutions Code.

7Medical information, disclosure by provider unless prohibited
8by patient in writing, Sectionbegin delete 56.16,end deletebegin insert 56.16 of theend insert Civil Code.

9Medical information, types of information not subject to patient
10prohibition of disclosure, Sectionbegin delete 56.30,end deletebegin insert 56.30 of theend insert Civil Code.

11Medical and other hospital committees and peer review bodies,
12confidentiality of records, Sectionbegin delete 1157,end deletebegin insert 1157 of theend insert Evidence
13Code.

14Medical or dental licensee, action for revocation or suspension
15due to illness, report, confidentiality of, Sectionbegin delete 828,end deletebegin insert 828 of theend insert
16 Business and Professions Code.

17Medical or dental licensee, disciplinary action, denial or
18termination of staff privileges, report, confidentiality of, Sections
19805, 805.1, andbegin delete 805.5,end deletebegin insert 805.5 of theend insert Business and Professions Code.

20Meetings of state agencies, disclosure of agenda, Section
2111125.1.

22Mentally abnormal sex offender committed to state hospital,
23confidentiality of records, Sectionbegin delete 4135,end deletebegin insert 4135 of theend insert Welfare and
24Institutions Code.

25Mentally disordered and developmentally disabled offenders,
26access to criminal histories of, Sectionbegin delete 1620,end deletebegin insert 1620 of theend insert Penal
27Code.

28Mentally disordered persons, court-ordered evaluation,
29confidentiality of reports, Sectionbegin delete 5202,end deletebegin insert 5202 of theend insert Welfare and
30Institutions Code.

31Mentally disordered or mentally ill person, confidentiality of
32written consent to detainment, Sectionbegin delete 5326.4,end deletebegin insert 5326.4 of theend insert
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,
375328.8, andbegin delete 5328.9,end deletebegin insert 5328.9 of theend insert Welfare and Institutions Code.

38Mentally disordered or mentally ill person, weapons restrictions,
39confidentiality of information about, Sectionbegin delete 8103,end deletebegin insert 8103 of theend insert
40 Welfare and Institutions Code.

P13   1Milk marketing, confidentiality of records, Sectionbegin delete 61443,end deletebegin insert 61443
2of theend insert
Food and Agricultural Code.

3Milk product certification, confidentiality of, Sectionbegin delete 62121,end delete
4begin insert 62121 of theend insert Food and Agricultural Code.

5Milk, market milk, confidential records and reports, Section
6begin delete 62243,end deletebegin insert 62243 of theend insert Food and Agricultural Code.

7Milk product registration, confidentiality of information, Section
8begin delete 38946,end deletebegin insert 38946 of theend insert Food and Agricultural Code.

9Milk equalization pool plan, confidentiality of producers’ voting,
10Sectionbegin delete 62716,end deletebegin insert 62716 of theend insert Food and Agricultural Code.

11Mining report, confidentiality of report containing information
12relating to mineral production, reserves, or rate of depletion of
13mining operation, Sectionbegin delete 2207,end deletebegin insert 2207 of theend insert Public Resources
14Code.

15Minor, criminal proceeding testimony closed to public, Section
16begin delete 859.1,end deletebegin insert 859.1 of theend insert Penal Code.

17Minors, material depicting sexual conduct, records of suppliers
18to be kept and made available to law enforcement, Sectionbegin delete 1309.5,end delete
19begin insert 1309.5 of theend insert Labor Code.

20Misdemeanor and felony reports by police chiefs and sheriffs
21to Department of Justice, confidentiality of, Sections 11107 and
22begin delete 11107.5,end deletebegin insert 11107.5 of theend insert Penal Code.

23Monetary instrument transaction records, confidentiality of,
24Sectionbegin delete 14167,end deletebegin insert 14167 of theend insert Penal Code.

25Missing persons’ information, disclosure of, Sectionsbegin delete 14201 and
2614203,end delete
begin insert 14204 and 14205 of theend insert Penal Code.

27Morbidity and mortality studies, confidentiality of records,
28Sectionbegin delete 100330,end deletebegin insert 100330 of theend insert Health and Safety Code.

29Motor vehicle accident reports, disclosure, Sections 16005,
3020012, andbegin delete 20014,end deletebegin insert 20014 of theend insert Vehicle Code.

31Motor vehicles, department of, public records, exceptions,
32Sections 1808 to 1808.7,begin delete inclusive,end deletebegin insert inclusive of theend insert Vehicle Code.

33Motor vehicle insurance fraud reporting, confidentiality of
34information acquired, Sectionbegin delete 1874.3,end deletebegin insert 1874.3 of theend insert Insurance
35Code.

36Motor vehicle liability insurer, data reported to Department of
37Insurance, confidentiality of, Sectionbegin delete 11628,end deletebegin insert 11628 of theend insert Insurance
38Code.

39Multijurisdictional drug law enforcement agency, closed sessions
40to discuss criminal investigation, Section 54957.8.

P14   1begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 13974.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

13974.1.  

(a) The board shallbegin delete utilize theend deletebegin insert use the applicableend insert
4 provisions of this articlebegin 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 Sectionsbegin delete 14201 and 14202end deletebegin insert 14203
10and 14204end insert
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.

21begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 27521 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
22read:end insert

23

27521.  

(a) begin deleteAny end deletebegin insertA end insertpostmortem examination or autopsy
24conducted at the discretion of a coronerbegin insert, medical examiner, or
25other agency responsible for a postmortem examination or autopsy,end insert

26 upon an unidentified body or human remainsbegin delete shall beend deletebegin insert isend insert subject to
27this section.

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
38indicated.

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 coronerbegin insert, medical examiner, or other agency end insertbegin insertresponsible
10for a postmortem examination or autopsyend insert
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 coronerbegin insert, medical examiner, or other agency responsible for a
19postmortem examination or autopsyend insert
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 coronerbegin insert,
23medical examiner, or other agency responsible for a postmortem
24examination or autopsyend insert
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.

begin delete

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.

end delete
begin delete

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.

end delete
38begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 27521.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert

P16   1

27521.1.  

begin deleteThe end deletebegin insert(a)end insertbegin insertend insertbegin insertA police department, sheriff’s office, coroner,
2medical examiner, or otherend insert
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
5of Justice,end delete
begin insert using the department’s Unidentified Deceased Person
6Reporting Formend insert
no later than 10 calendar days after the date the
7body or human remains were discovered.

begin insert

8(b) Pursuant to Section 102870 of the Health and Safety Code,
9the department shall serve as a statewide repository for final
10reports of investigations and shall maintain dental records in the
11databases of both the Violent Crime Information Center and the
12National Crime Information Center.

end insert
begin insert

13(c) If a police department, sheriff’s office, coroner, medical
14examiner, or other law enforcement agency investigating the death
15of an unidentified person, with the aid of the dental examination
16and any other identifying findings, is unable to establish the identity
17of the body or human remains, the investigating agency shall
18submit dental charts and dental X-rays of the unidentified deceased
19 person to the Department of Justice on forms supplied by the
20Department of Justice within 45 days of the date the body or human
21remains were discovered.

end insert
begin insert

22(d) If a police department, sheriff’s office, coroner, medical
23examiner, or other law enforcement agency investigating the death
24of an unidentified person, with the aid of the dental examination
25and any other identifying findings, is unable to establish the identity
26of the body or human remains, the investigating agency shall
27submit the final report of investigation to the Department of Justice
28within 180 days of the date the body or human remains were
29discovered. The final report of investigation shall list or describe
30the information collected pursuant to the postmortem examination
31or autopsy conducted under subdivision (b) of Section 27521, and
32any homicide report, anthropology report, fingerprints,
33photographs, and autopsy report.

end insert
34begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 168 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

35

168.  

(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 Sectionbegin delete 14201.6end deletebegin insert 14207end insert.

13begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 273j of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

14

273j.  

(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 Sectionbegin delete 14213end deletebegin insert 14215end insert.

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.

38begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 14200 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

39

14200.  

begin insert(a)end insertbegin insertend insertThe 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 andbegin delete dependentend deletebegin insert at-riskend insert adults.begin delete Theend delete

4begin insert(b)end insertbegin insertend insertbegin insertTheend insert 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

begin insert

16(1) Developing violent offender profiles.

end insert
begin insert

17(2) Assisting local law enforcement agencies and county district
18attorneys by providing investigative information on persons
19responsible for specific violent crimes and missing person cases,

end insert
begin insert

20(3) Providing physical description information and photographs,
21if available, of missing persons to county district attorneys,
22nonprofit missing persons organizations, and schools.

end insert
begin insert

23(4) Providing statistics on missing at risk adults and on missing
24children, including, as may be applicable, family abductions,
25nonfamily abductions, voluntary missing, and lost children or lost
26at-risk adults

end insert
begin insert

27(c) The Attorney General shall provide training on the services
28provided by the center to line personnel, supervisors, and
29investigators in the following fields: law enforcement, district
30attorneys’ offices, the Department of Corrections and
31Rehabilitation, probation departments, court mediation services,
32and the judiciary.

end insert
33begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 14201 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
34renumbered to read:end insert

35

begin delete14201.end delete
36begin insert14204.end insert  

(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 historicbegin delete data
5baseend delete
begin insert databaseend insert. 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
21begin delete dependentend deletebegin insert at-riskend insert 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
25begin delete dependentend deletebegin insert at-riskend insert adults and to those other persons as the Attorney
26General deems appropriate.

begin delete

27This section shall become operative on July 1, 1989.

end delete
28begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 14201.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
29renumbered to read:end insert

30

begin delete14201.1.end delete
31begin insert14201.end insert  

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 shallbegin delete serve toend delete integrate existing state, federal, and civilian
2data bases into a single comprehensive network.

3begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 14201.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
4renumbered to read:end insert

5

begin delete14201.3.end delete
6begin insert14209.end insert  

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
16begin delete 14205end deletebegin insert 14211end insert, or the reporting party, with respect to the information
17submitted to the center, submits authorization to the center to
18transmit or share that information.

19begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 14201.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
20renumbered to read:end insert

21

begin delete14201.5.end delete
22begin insert14206.end insert  

(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.

3begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 14201.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
4renumbered to read:end insert

5

begin delete14201.6.end delete
6begin insert14207end insertbegin insert.end insert  

(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.

12(2) begin deleteCritical end deletebegin insertAt-risk end insertmissingbegin delete childrenend deletebegin insert personsend insert.

13(3) Unsolved homicidesbegin insert and unidentified personsend insert.

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
22investigation.

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
27investigation.

begin delete

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.

end delete
32begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 14201.8 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
33renumbered to read:end insert

34

begin delete14201.8.end delete
35begin insert14208.end insert  

(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
38following purposes:

39(1) To assist law enforcement agencies, at their request, with
40the timely search and recovery ofbegin delete at-risk abductedend deletebegin insert missingend insert 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).

14begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 14202 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
15renumbered to read:end insert

16

begin delete14202.end delete
17begin insert14203.end insert  

(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
37290.

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
3Institutions Code.

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.

13begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 14202.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
14renumbered to read:end insert

15

begin delete14202.1.end delete
16begin insert14202.end insert  

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 homicidebegin 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.

26begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 14202.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
27renumbered to read:end insert

28

begin delete14202.2.end delete
29begin insert14216.end insert  

(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
35Rehabilitation.

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.

8begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 14203 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
9renumbered to read:end insert

10

begin delete14203.end delete
11begin insert14205.end insert  

(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
29Attorney General.

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 andbegin delete dependentend deletebegin insert at-riskend insert 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 andbegin delete dependentend deletebegin insert at-riskend insert 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

4begin insert(1)end insertbegin insertend insertbegin insertRunaways.end insert

begin insert

5(2) Voluntary missing.

end insert
begin insert

6(3) Lost.

end insert
begin insert

7(4) Abduction involving movement of the victim in the
8commission of the crime or sexual exploitation.

end insert
begin insert

9(5) Nonfamily abduction.

end insert
begin insert

10(6) Family abduction

end insert
begin insert

11(7) Any other categories as determined by the Attorney General.

end insert

12begin insert(e)end insertbegin insertend insertbegin insertInend insert addition, the data shall include the number of missing
13children and missingbegin delete dependentend deletebegin insert at-riskend insert adults in this state and the
14category of each case.

begin delete

15(e)

end delete

16begin insert(f)end insert 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.

24begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 14204 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
25

14204.  

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.

end delete
31begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 14205 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
32renumbered to read:end insert

33

begin delete14205.end delete
34begin insert14211.end insert  

(a) All local police and sheriffs’ departments shall
35accept any report,begin insert by any party,end insert 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

39begin insert(b)end insertbegin insertend insertbegin insertInend insert cases where the person making a report of a missing
40person or runaway, contacts, including by telephone, the
P26   1begin insert Department of theend insert California Highway Patrol, thebegin insert Department of
2theend insert
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
8last seen.begin delete Inend delete

9begin insert(c)end insertbegin insertend insertbegin insertInend insert 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 thebegin delete person. Ifend deletebegin insert person by using
13the report forms, checklists, and guidelines required under Section
1413519.07.end insert

15begin insert(d)end insertbegin insertend insertbegin insertIfend insert the missing person is underbegin delete 16end deletebegin insert 21end insert years of age, or there
16is evidence that the person is at risk, thebegin insert police department or
17sheriff’send insert
department shall broadcast a “Be On the Look-Out”
18bulletin, without delay, within its jurisdiction.

begin delete

19(b)

end delete

20begin insert(e)end insert 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,begin insert electronicallyend insert transmit the report to the Department
24of Justicebegin insert via the California Law Enforcement Telecommunications
25Systemend insert
for inclusion in the Violent Crime Information Center and
26the National Crime Information Center databases.

begin insert

27(f) Information not immediately available for electronic
28transmission to the department shall be obtained by the
29investigating agency and provided as a supplement to the original
30entry as soon as possible, but in no event later than 60 days after
31the original electronic entry. Supplemental information may
32include, but is not limited to, the following:

end insert
begin insert

33(1) Dental records and treatment notes.

end insert
begin insert

34(2) Fingerprints.

end insert
begin insert

35(3) Photographs.

end insert
begin insert

36(4) Description of physical characteristics.

end insert
begin insert

37(5) Description of clothing the person was wearing when last
38seen.

end insert
begin insert

39(6) Vehicle information.

end insert
begin insert

P27   1(7) Other information describing any person or vehicle believed
2to be involved in taking, abducting, or retaining the missing person.

end insert
begin delete

3(c)

end delete

4begin insert(g)end insert 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 thebegin insert Department of theend insert
7 California Highway Patrol taking the report shall, without delay,
8and, in the case ofbegin delete childrenend deletebegin insert personsend insert underbegin delete 16end deletebegin insert 21end insert 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
15begin insert Department of theend insert California Highway Patrol which took the report
16to the center.begin insert The initial California Law Enforcement
17Telecommunications System record may only be removed after the
18receiving agency has accepted the report.end insert

begin delete

19(d)

end delete

20begin insert(h)end insert 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
24 inoperative.

25begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 14206 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
26renumbered to read:end insert

27

begin delete14206.end delete
28begin insert14212.end insert  

(a) begin delete(1)end deletebegin deleteend deleteWhen any person makes a report of a missing
29person to a police department, sheriff’s department, district
30attorney’s office,begin insert Department of theend insert California Highway Patrol,
31or other law enforcement agency, thebegin delete report shall be given in person
32or by mail in a format acceptable toend delete
begin insert agency shall useend insert the Attorney
33begin delete Generalend deletebegin insert General’s form as required under Section 13519.07end insert. That
34form shall include a statement authorizing the release of the dental
35or skeletal X-rays, or both,begin insert and treatment notes,end insert 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

38begin insert(b)end insertbegin insertend insertbegin insertIncludedend insert 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,begin insert and treatment notes,end insert of that person or
5may be taken by a peace officer, if others fail to take action, to
6secure those X-raysbegin insert and treatment notesend insert.begin delete Notwithstandingend delete

7begin insert(c)end insertbegin insertend insertbegin insertNotwithstandingend insert any other provision of law, dental or skeletal
8X-rays, or both,begin insert and treatment notes,end insert 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.
13begin delete Whenend delete

14begin insert(d)end insertbegin insertend insertbegin insertWhenend insert the person reported missing hasbegin insert been determined by
15the agency to be an at-risk person, hasend insert
not been found within 30
16daysbegin 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,
20begin insert and treatment notes,end insert are necessary for the exclusive purpose of
21furthering the investigation.begin delete Notwithstandingend delete

22begin insert(e)end insertbegin insertend insertbegin insertNotwithstandingend insert 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
25begin insert immediatelyend insert release the missing person’s dental or skeletal X-rays,
26or both.

begin delete

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

end delete

7begin insert(f)end insertbegin insertend insertbegin insert Theend insert Attorney General’s office shall code and enter the dental
8or skeletal X-rays, or both, into thebegin delete center.end deletebegin insert center’s database, which
9shall serve as the statewide database for those X-rays, and shall
10forward the information to the National Crime Information Center.end insert

begin delete

11(b)

end delete

12begin insert(g)end insert When a person reported missing has not been found within
13begin delete 45end deletebegin insert 30end insert 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.

begin delete

24(c)

end delete

25begin insert(h)end insert 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.

begin delete

30(d)

end delete

31begin insert(i)end insert 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
35inoperative.

36begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 14207 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
37renumbered to read:end insert

38

begin delete14207.end delete
39begin insert14213.end insert  

(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
3office.begin insert The Attorney General’s office shall then notify the National
4Crime Information Center that the missing person has been found.end insert

5(b) When abegin delete child under 12 years of age or a missing person,
6where there was evidence that the person was at risk,end delete
begin insert missing
7personend insert
is found, the report indicating that the person is found shall
8be made not later than 24 hours after the person is foundbegin delete. A report
9shall also be madeend delete
to the law enforcement agency that made the
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.

begin insert

20(d) A law enforcement agency shall not establish or maintain
21any policy that requires the removal of a missing person entry
22from the center database or the National Crime Information Center
23database.

end insert
24begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 14208 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
25renumbered to read:end insert

26

begin delete14208.end delete
27begin insert14210.end insert  

(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 andbegin delete dependentend delete
30begin insert at-riskend insert adults and relay this information to the appropriate law
31enforcement authorities.

32(b) The Department of Justice shall select up to six children per
33month from the missingbegin delete children registry maintained pursuant to
34former Section 11114 or pursuant to the systemend delete
begin insert persons publicly
35maintained computer Internet directoryend insert
maintained pursuant to
36begin delete Sections 14201 and 14202end deletebegin insert Section 14207end insert 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
2appropriate.

begin insert

3(c) The Department of Justice shall provide appropriate local
4reporting agencies with a list of persons still listed as missing who
5are under 21 years of age, and with an appropriate waiver form
6in order to assist the reporting agency in obtaining a photograph
7of each of the missing children.

end insert
begin insert

8(d) Local reporting agencies shall attempt to obtain the most
9recent photograph available for persons still listed as missing and
10forward those photographs to the Department of Justice.

end insert
begin insert

11(e) The department shall include these photographs, as they
12become available, in the quarterly bulletins pursuant to subdivision
13(c) of Section 14204.

end insert
begin insert

14(f) State and local elected officials, agencies, departments,
15boards, and commissions may enclose in their mailings information
16regarding missing children or at-risk adults obtainable from the
17Department of Justice or any organization that is recognized as
18a nonprofit, tax-exempt organization under state or federal law
19and that has an ongoing missing children program. Elected
20officials, agency secretaries, and directors of departments, boards,
21and commissions are urged to develop policies to enclose missing
22children or at-risk adults information in mailings if it will not
23increase postage costs and is otherwise deemed appropriate.

end insert
24begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 14209 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
25

14209.  

(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.

end delete
6begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 14210 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
7renumbered to read:end insert

8

begin delete14210.end delete
9begin insert14214.end insert  

(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.

18begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 14213 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
19renumbered to read:end insert

20

begin delete14213.end delete
21begin insert14215.end insert  

(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”
29includes, but is not limited to,end delete
begin insert “at-risk” means there isend insert evidence
30begin insert of,end insert orbegin insert there areend insert indications ofbegin insert,end insert 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
34disappearing.

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
3818.

39(d) As used in this title, “center” means the Violent Crime
40Information Center.

begin delete

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.

4(f)

end delete

5begin insert(e)end insert 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.

begin insert

8(f) As used in this title, “unidentified person” means a person,
9living or deceased, whose identity the local investigative agency
10is unable to determine.

end insert
11begin insert

begin insertSEC. 29.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.

end insert
begin delete
16

SECTION 1.  

It is the intent of the Legislature to enact
17legislation relating to missing persons.

end delete


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