BILL NUMBER: SB 1066 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 3, 2014
INTRODUCED BY Senator Galgiani
FEBRUARY 18, 2014
An act to 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,
relating to missing persons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1066, as amended, Galgiani. Missing or unidentified
persons.
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.
This bill would extend the application of these provisions to a
medical examiner or other agency responsible for a postmortem
examination or autopsy.
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.
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.
By increasing the responsibilities of local government agencies,
this bill would impose a state-mandated local program.
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.
This bill would reorganize and recast these and other provisions
relating to missing persons, and would make conforming and technical
changes.
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.
This bill would expand those provisions to include persons who are
at risk, as defined, and unidentified persons, as defined.
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.
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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38139 of the
Education Code is amended to read:
38139. (a) Public primary schools shall post at an appropriate
area restricted to adults information regarding missing children
provided by the Department of Justice pursuant to Section
14208 14210 of the Penal Code.
(b) Public secondary schools shall post at an appropriate area
information regarding missing children provided by the Department of
Justice pursuant to Section 14208 14210
of the Penal Code.
SEC. 2. Section 49068.5 of the
Education Code is amended to read:
49068.5. Upon the initial enrollment of a pupil in a public or
private elementary school; school, or
whenever an elementary school pupil (a) transfers
from one school district to another, (b) transfers
to an elementary school within the same district, (c)
transfers from one private elementary school to another,
(d) transfers from a private elementary school to
a public elementary school, or (e) transfers from
a public elementary school to a private elementary school, the
principal of the school that the child enters or to which he or she
transfers is urged to check to see if the child resembles a child
listed as missing by the bulletins provided by the Department of
Justice pursuant to Section 14201 14204
of the Penal Code.
SEC. 3. Section 17506 of the Family
Code is amended to read:
17506. (a) There is in the department a California Parent Locator
Service and Central Registry that shall collect and disseminate all
of the following, with respect to any parent, putative parent,
spouse, or former spouse:
(1) The full and true name of the parent together with any known
aliases.
(2) Date and place of birth.
(3) Physical description.
(4) Social security number.
(5) Employment history and earnings.
(6) Military status and Veterans Administration or military
service serial number.
(7) Last known address, telephone number, and date thereof.
(8) Driver's license number, driving record, and vehicle
registration information.
(9) Criminal, licensing, and applicant records and information.
(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to Section
19285.1 19548 of the Revenue and
Taxation Code, and to the extent permitted by federal law, the
address, telephone number, and social security number obtained from a
public utility, cable television corporation, a provider of
electronic digital pager communication, or a provider of mobile
telephony services that may be of assistance in locating the parent,
putative parent, abducting, concealing, or detaining parent, spouse,
or former spouse, in establishing a parent and child relationship, in
enforcing the child support liability of the absent parent, or
enforcing the spousal support liability of the spouse or former
spouse to the extent required by the state plan pursuant to Section
17604.
(B) For purposes of this subdivision, "income tax return
information" means all of the following regarding the taxpayer:
(i) Assets.
(ii) Credits.
(iii) Deductions.
(iv) Exemptions.
(v) Identity.
(vi) Liabilities.
(vii) Nature, source, and amount of income.
(viii) Net worth.
(ix) Payments.
(x) Receipts.
(xi) Address.
(xii) Social security number.
(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of Justice,
the Department of Child Support Services shall assume responsibility
for the California Parent Locator Service and Central Registry. The
letter of agreement shall, at a minimum, set forth all of the
following:
(1) Contingent upon funding in the Budget Act, the Department of
Child Support Services shall assume responsibility for leadership and
staff of the California Parent Locator Service and Central Registry
commencing July 1, 2003.
(2) All employees and other personnel who staff or provide support
for the California Parent Locator Service and Central Registry
shall, at the time of the transition, at their option, become the
employees of the Department of Child Support Services at their
existing or equivalent classification, salaries, and benefits.
(3) Until the department's automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system operated
by the Department of Justice.
(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.
(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services and
other public agencies to carry out their powers and duties to locate
parents, spouses, and former spouses, and to identify their assets,
to establish parent-child relationships, and to enforce liability for
child or spousal support, and for any other obligations incurred on
behalf of children, and shall also provide that information to any
local child support agency in fulfilling the duties prescribed in
Section 270 of the Penal Code, and in Chapter 8 (commencing with
Section 3130) of Part 2 of Division 8 of this code, relating to
abducted, concealed, or detained children and to any county child
welfare agency or county probation department in fulfilling the
duties prescribed in Article 5.5 (commencing with Section 290.1) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, and prescribed in Article 6 (commencing with Section 300) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code to identify, locate, and notify parents of children who are the
subject of juvenile court proceedings, to establish parent and child
relationships pursuant to Section 316.2 of the Welfare and
Institutions Code, and to assess the appropriateness of placement of
a child with a noncustodial parent pursuant to Section 361.2 of the
Welfare and Institutions Code. County child welfare agencies and
probation departments shall be entitled to that information
regardless of whether an all-county letter or similar instruction is
issued pursuant to subparagraph (C) of paragraph (8) of subdivision
(c) of Section 11478.1 of the Welfare and Institutions Code. The
California Child Support Automation System shall be entitled to the
same cooperation and information as the California Parent Locator
Service and Central Registry to the extent allowed by law. The
California Child Support Automation System shall be allowed access to
criminal record information only to the extent that access is
allowed by state and federal law.
(d) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California
law, regulation, or tariff, and to the extent permitted by federal
law, the California Parent Locator Service and Central Registry and
the California Child Support Automation System may request and shall
receive from public utilities, as defined in Section 216 of the
Public Utilities Code, customer service information, including the
full name, address, telephone number, date of birth, employer name
and address, and social security number of customers of the public
utility, to the extent that this information is stored within the
computer database of the public utility.
(2) To effectuate the purposes of this section, and
notwithstanding any other provision of California
law, regulation, or tariff, and to the extent permitted by federal
law, the California Parent Locator Service and Central Registry and
the California Child Support Automation System may request and shall
receive from cable television corporations, as defined in Section
216.4 of the Public Utilities Code, the providers of electronic
digital pager communication, as defined in Section 629.51 of the
Penal Code, and the providers of mobile telephony services, as
defined in Section 224.4 of the Public Utilities Code, customer
service information, including the full name, address, telephone
number, date of birth, employer name and address, and social security
number of customers of the cable television corporation, customers
of the providers of electronic digital pager communication, and
customers of the providers of mobile telephony services.
(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony service
customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:
(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation System
and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall be
deemed to be an administrative subpoena for customer service
information.
(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.
(C) Contain at least three of the following data elements
regarding the person sought:
(i) First and last name, and middle initial, if known.
(ii) Social security number.
(iii) Driver's license number.
(iv) Birth date.
(v) Last known address.
(vi) Spouse's name.
(D) The California Parent Locator Service and Central Registry and
the California Child Support Automation System shall ensure that
each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the
names of persons authorized to request customer service information.
(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is applicable
to the person who is being sought before releasing the information
pursuant to subdivision (d).
(4) During the development of the California Child Support
Automation System, the department shall determine the necessity of
additional locate sources, including those specified in this section,
based upon the cost-effectiveness of those sources.
(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.
(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to
criminal or civil liability for the release of customer service
information as authorized by this subdivision.
(e) Notwithstanding Section 14202 14203
of the Penal Code, any records established pursuant to this
section shall be disseminated only to the Department of Child Support
Services, the California Child Support Automation System, the
California Parent Locator Service and Central Registry, the parent
locator services and central registries of other states as defined by
federal statutes and regulations, a local child support agency of
any county in this state, and the federal Parent Locator Service. The
California Child Support Automation System shall be allowed access
to criminal offender record information only to the extent that
access is allowed by law.
(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision of law .
(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.
(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation of
the California Child Support Automation System, the Department of
Child Support Services shall assume all responsibility for
promulgating rules and regulations for use of the California Parent
Locator Service and Central Registry.
(2) The Department of Child Support Services, the Public Utilities
Commission, the cable television corporations, providers of
electronic digital pager communication, and the providers of mobile
telephony services shall develop procedures for obtaining the
information described in subdivision (c) from public utilities, cable
television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and for
compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers of
mobile telephony services for providing that information.
(h) The California Parent Locator Service and Central Registry may
charge a fee not to exceed eighteen dollars ($18) for any service it
provides pursuant to this section that is not performed or funded
pursuant to Section 651 and following of Title 42 of the United
States Code.
(i) This section shall be construed in a manner consistent with
the other provisions of this article.
SEC. 4. Section 6276.30 of the
Government Code is amended to read:
6276.30. Managed care health plans, confidentiality of
proprietary information, Section 14091.3,
14091.3 of the Welfare and Institutions Code.
Managed Risk Medical Insurance Board, negotiations with entities
contracting or seeking to contract with the board, subdivisions (v)
and (y) of Section 6254.
Mandated blood testing and confidentiality to protect public
health, prohibition against compelling identification of test
subjects, Section 120975, 120975 of the
Health and Safety Code.
Mandated blood testing and confidentiality to protect public
health, unauthorized disclosures of identification of test subjects,
Sections 1603.1, 1603.3, and 121022, 121022
of the Health and Safety Code.
Mandated blood testing and confidentiality to protect public
health, disclosure to patient's spouse, sexual partner, needle
sharer, or county health officer, Section 121015,
121015 of the Health and Safety Code.
Manufactured home, mobilehome, floating home, confidentiality of
home address of registered owner, Section 18081,
18081 of the Health and Safety Code.
Marital confidential communications, Sections 980, 981, 982, 983,
984, 985, 986, and 987, 987 of the
Evidence Code.
Market reports, confidential, subdivision (e),
(e) of Section 6254.
Marketing of commodities, confidentiality of financial
information, Section 58781, 58781 of the
Food and Agricultural Code.
Marketing orders, confidentiality of processors' or distributors'
information, Section 59202, 59202 of the
Food and Agricultural Code.
Marriage, confidential, certificate, Section 511, Family Code.
Medi-Cal Benefits Program, confidentiality of information, Section
14100.2, 14100.2 of the Welfare and
Institutions Code.
Medi-Cal Benefits Program, Request of Department for Records of
Information, Section 14124.89, 14124.89 of
the Welfare and Institutions Code.
Medi-Cal Fraud Bureau, confidentiality of complaints, Section
12528.
Medi-Cal managed care program, exemption from disclosure for
financial and utilization data submitted by Medi-Cal managed care
health plans to establish rates, Section 14301.1,
14301.1 of the Welfare and Institutions Code.
Medi-Cal program, exemption from disclosure for best price
contracts between the State Department of Health Care Services and
drug manufacturers, Section 14105.33,
14105.33 of the Welfare and Institutions Code.
Medical information, disclosure by provider unless prohibited by
patient in writing, Section 56.16, 56.16 of
the Civil Code.
Medical information, types of information not subject to patient
prohibition of disclosure, Section 56.30,
56.30 of the Civil Code.
Medical and other hospital committees and peer review bodies,
confidentiality of records, Section 1157,
1157 of the Evidence Code.
Medical or dental licensee, action for revocation or suspension
due to illness, report, confidentiality of, Section 828,
828 of the Business and Professions Code.
Medical or dental licensee, disciplinary action, denial or
termination of staff privileges, report, confidentiality of, Sections
805, 805.1, and 805.5, 805.5 of the
Business and Professions Code.
Meetings of state agencies, disclosure of agenda, Section 11125.1.
Mentally abnormal sex offender committed to state hospital,
confidentiality of records, Section 4135,
4135 of the Welfare and Institutions Code.
Mentally disordered and developmentally disabled offenders, access
to criminal histories of, Section 1620, 1620
of the Penal Code.
Mentally disordered persons, court-ordered evaluation,
confidentiality of reports, Section 5202,
5202 of the Welfare and Institutions Code.
Mentally disordered or mentally ill person, confidentiality of
written consent to detainment, Section 5326.4,
5326.4 of the Welfare and Institutions Code.
Mentally disordered or mentally ill person, voluntarily or
involuntarily detained and receiving services, confidentiality of
records and information, Sections 5328, 5328.15, 5328.2, 5328.4,
5328.8, and 5328.9, 5328.9 of the
Welfare and Institutions Code.
Mentally disordered or mentally ill person, weapons restrictions,
confidentiality of information about, Section 8103,
8103 of the Welfare and Institutions Code.
Milk marketing, confidentiality of records, Section
61443, 61443 of the Food and Agricultural Code.
Milk product certification, confidentiality of, Section
62121, 62121 of the Food and Agricultural Code.
Milk, market milk, confidential records and reports, Section
62243, 62243 of the Food and
Agricultural Code.
Milk product registration, confidentiality of information, Section
38946, 38946 of the Food and
Agricultural Code.
Milk equalization pool plan, confidentiality of producers' voting,
Section 62716, 62716 of the Food and
Agricultural Code.
Mining report, confidentiality of report containing information
relating to mineral production, reserves, or rate of depletion of
mining operation, Section 2207, 2207 of the
Public Resources Code.
Minor, criminal proceeding testimony closed to public, Section
859.1, 859.1 of the Penal Code.
Minors, material depicting sexual conduct, records of suppliers to
be kept and made available to law enforcement, Section
1309.5, 1309.5 of the Labor Code.
Misdemeanor and felony reports by police chiefs and sheriffs to
Department of Justice, confidentiality of, Sections 11107 and
11107.5, 11107.5 of the Penal Code.
Monetary instrument transaction records, confidentiality of,
Section 14167, 14167 of the Penal Code.
Missing persons' information, disclosure of, Sections
14201 and 14203, 14204 and 14205 of the Penal
Code.
Morbidity and mortality studies, confidentiality of records,
Section 100330, 100330 of the Health
and Safety Code.
Motor vehicle accident reports, disclosure, Sections 16005, 20012,
and 20014, 20014 of the Vehicle Code.
Motor vehicles, department of, public records, exceptions,
Sections 1808 to 1808.7, inclusive, inclusive
of the Vehicle Code.
Motor vehicle insurance fraud reporting, confidentiality of
information acquired, Section 1874.3, 1874.3
of the Insurance Code.
Motor vehicle liability insurer, data reported to Department of
Insurance, confidentiality of, Section 11628,
11628 of the Insurance Code.
Multijurisdictional drug law enforcement agency, closed sessions
to discuss criminal investigation, Section 54957.8.
SEC. 5. Section 13974.1 of the
Government Code is amended to read:
13974.1. (a) The board shall utilize the
use the applicable provisions of this article ,
insofar as they may be made applicable, to establish a
claim and reward procedure to reward persons providing information
leading to the location of any child listed in the missing children
registry compiled pursuant to former Section 11114 of the Penal Code
or maintained pursuant to the system maintained pursuant to Sections
14201 and 14202 14203 and 14204 of the
Penal Code.
(b) Awards shall be made upon recommendation of the Department of
Justice in an amount of not to exceed five hundred dollars ($500) to
any one individual. However, as a condition to an award, in any
particular case, an amount equal to or greater in nonstate funds
shall have been first offered as a reward for information leading to
the location of that missing child.
(c) The Missing Children Reward Fund is hereby created in the
State Treasury and is continuously appropriated to the California
Victim Compensation and Government Claims Board to make awards
pursuant to this section.
SEC. 6. Section 27521 of the Government
Code is amended to read:
27521. (a) Any A postmortem
examination or autopsy conducted at the discretion of a coroner
, medical examiner, or other agency responsible for a postmortem
examination or autopsy, upon an unidentified body or human
remains shall be is subject to this
section.
(b) A postmortem examination or autopsy shall include, but shall
not be limited to, the following procedures:
(1) Taking of all available fingerprints and palms prints.
(2) A dental examination consisting of dental charts and dental
X-rays of the deceased person's teeth, which may be conducted on the
body or human remains by a qualified dentist as determined by the
coroner.
(3) The collection of tissue, including a hair sample, or body
fluid samples for future DNA testing, if necessary.
(4) Frontal and lateral facial photographs with the scale
indicated.
(5) Notation and photographs, with a scale, of significant scars,
marks, tattoos, clothing items, or other personal effects found with
or near the body.
(6) Notations of observations pertinent to the estimation of the
time of death.
(7) Precise documentation of the location of the remains.
(c) The postmortem examination or autopsy of the unidentified body
or remains may include full body X-rays.
(d) The coroner , medical examiner, or other agency
responsible for a postmortem examination or autopsy shall
prepare a final report of investigation in a format established by
the Department of Justice. The final report shall list or describe
the information collected pursuant to the postmortem examination or
autopsy conducted under subdivision (b).
(e) The body of an unidentified deceased person may not be
cremated or buried until the jaws (maxilla and mandible with teeth)
and other tissue samples are retained for future possible use. Unless
the coroner , medical examiner, or other agency responsible for
a postmortem examination or autopsy has determined that the
body of the unidentified deceased person has suffered significant
deterioration or decomposition, the jaws shall not be removed until
immediately before the body is cremated or buried. The coroner ,
medical examiner, or other agency responsible for a postmortem
examination or autopsy shall retain the jaws and other tissue
samples for one year after a positive identification is made, and no
civil or criminal challenges are pending, or indefinitely.
(f) If the coroner with the aid of the dental examination and any
other identifying findings is unable to establish the identity of the
body or human remains, the coroner shall submit dental charts and
dental X-rays of the unidentified deceased person to the Department
of Justice on forms supplied by the Department of Justice within 45
days of the date the body or human remains were discovered.
(g) If the coroner with the aid of the dental examination and
other identifying findings is unable to establish the identity of the
body or human remains, the coroner shall submit the final report of
investigation to the Department of Justice within 180 days of the
date the body or human remains were discovered.
SEC. 7. Section 27521.1 of the
Government Code is amended to read:
27521.1. The (a) A
police department, sheriff's office, coroner, medical examiner, or
other law enforcement agency investigating the death of an
unidentified person shall report the death to the Department of
Justice, in a format acceptable to the Department of
Justice, using the department's Unidentified Deceased
Person Reporting Form no later than 10 calendar days after the
date the body or human remains were discovered.
(b) Pursuant to Section 102870 of the Health and
Safety Code, the department shall serve as a statewide repository for
final reports of investigations and shall maintain dental records in
the databases of both the Violent Crime Information Center and the
National Crime Information Center.
(c) If a police department, sheriff's office, coroner, medical
examiner, or other law enforcement agency investigating the death of
an unidentified person, with the aid of the dental examination and
any other identifying findings, is unable to establish the identity
of the body or human remains, the investigating agency shall submit
dental charts and dental X-rays of the unidentified deceased person
to the Department of Justice on forms supplied by the Department of
Justice within 45 days of the date the body or human remains were
discovered.
(d) If a police department, sheriff's office, coroner, medical
examiner, or other law enforcement agency investigating the death of
an unidentified person, with the aid of the dental examination and
any other identifying findings, is unable to establish the identity
of the body or human remains, the investigating agency shall submit
the final report of investigation to the Department of Justice within
180 days of the date the body or human remains were discovered. The
final report of investigation shall list or describe the information
collected pursuant to the postmortem examination or autopsy conducted
under subdivision (b) of Section 27521, and any homicide report,
anthropology report, fingerprints, photographs, and autopsy report.
SEC. 8. Section 168 of the Penal Code
is amended to read:
168. (a) Every district attorney, clerk, judge, or peace officer
who, except by issuing or in executing a search warrant or warrant of
arrest for a felony, willfully discloses the fact of the warrant
prior to execution for the purpose of preventing the search or
seizure of property or the arrest of any person shall be punished by
imprisonment in a county jail for not exceeding one year or pursuant
to subdivision (h) of Section 1170.
(b) This section shall not prohibit the following:
(1) A disclosure made by a district attorney or the Attorney
General for the sole purpose of securing voluntary compliance with
the warrant.
(2) Upon the return of an indictment and the issuance of an arrest
warrant, a disclosure of the existence of the indictment and arrest
warrant by a district attorney or the Attorney General to assist in
the apprehension of a defendant.
(3) The disclosure of an arrest warrant pursuant to paragraph (1)
of subdivision (a) of Section 14201.6 14207
.
SEC. 9. Section 273j of the Penal Code
is amended to read:
273j. (a) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age who knows or should have
known that the child has died shall notify a public safety agency, as
defined in Section 53102 of the Government Code, within 24 hours of
the time that the parent or guardian knew or should have known that
the child has died.
(2) This subdivision shall not apply when a child is otherwise
under the immediate care of a physician at the time of death, or if a
public safety agency, a coroner, or a medical examiner is otherwise
aware of the death.
(b) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age shall notify law enforcement
within 24 hours of the time that the parent or guardian knows or
should have known that the child is a missing person and there is
evidence that the child is a person at risk, as those terms are
defined in Section 14213 14215 .
(2) This subdivision shall not apply if law enforcement is
otherwise aware that the child is a missing person.
(c) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.
(d) Nothing in this section shall preclude prosecution under any
other provision of law.
SEC. 10. Section 14200 of the Penal
Code is amended to read:
14200. (a) The Attorney General shall
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
at-risk adults. The
(b) The center shall establish
and maintain programs which include, but are not limited to, all of
the following: developing violent offender profiles;
assisting local law enforcement agencies and county district
attorneys by providing investigative information on persons
responsible for specific violent crimes and missing person cases;
providing physical description information and photographs, if
available, of missing persons to county district attorneys, nonprofit
missing persons organizations, and schools; and providing statistics
on missing dependent adults and on missing children, including, as
may be applicable, family abductions, nonfamily abductions, voluntary
missing, and lost children or lost dependent adults.
(1) Developing violent offender profiles.
(2) Assisting local law enforcement agencies and county district
attorneys by providing investigative information on persons
responsible for specific violent crimes and missing person cases,
(3) Providing physical description information and photographs, if
available, of missing persons to county district attorneys,
nonprofit missing persons organizations, and schools.
(4) Providing statistics on missing at risk adults and on missing
children, including, as may be applicable, family abductions,
nonfamily abductions, voluntary missing, and lost children or lost
at-risk adults
(c) The Attorney General shall provide training on the services
provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys' offices, the Department of Corrections and Rehabilitation,
probation departments, court mediation services, and the judiciary.
SEC. 11. Section 14201 of the Penal
Code is amended and renumbered to read:
14201. 14204. (a) The Attorney
General shall establish within the center and shall maintain an
online, automated computer system designed to effect an immediate law
enforcement response to reports of missing persons. The Attorney
General shall design the computer system, using any existing system,
including the California Law Enforcement Telecommunications System,
to include an active file of information concerning persons reported
to it as missing and who have not been reported as found. The
computer system shall also include a confidential historic
data base database . The Attorney General shall
develop a system of cataloging missing person reports according to a
variety of characteristics in order to facilitate locating particular
categories of reports as needed.
(b) The Attorney General's active files described in subdivision
(a) shall be made available to law enforcement agencies. The Attorney
General shall provide to these agencies the name and personal
description data of the missing person including, but not limited to,
the person's date of birth, color of eyes and hair, sex, height,
weight, and race, the time and date he or she was reported missing,
the reporting agency, and any other data pertinent to the purpose of
locating missing persons. However, the Attorney General shall not
release the information if the reporting agency requests the Attorney
General in writing not to release the information because it would
impair a criminal investigation.
(c) The Attorney General shall distribute a missing children and
dependent at-risk adults bulletin on a
quarterly basis to local law enforcement agencies, district
attorneys, and public schools. The Attorney General shall also make
this information accessible to other parties involved in efforts to
locate missing children and dependent at-risk
adults and to those other persons as the Attorney General
deems appropriate.
This section shall become operative on July 1, 1989.
SEC. 12. Section 14201.1 of the Penal
Code is amended and renumbered to read:
14201.1. 14201. The Attorney
General shall establish and maintain, upon appropriation of funds by
the Legislature, the Violent Crime Information Network within the
center to enable the Department of Justice crime analysts with
expertise in child abuse, missing persons, child abductions, and
sexual assaults to electronically share their data, analysis, and
findings on violent crime cases with each other, and to
electronically provide law enforcement agencies with information to
assist in the identification, tracking, and apprehension of violent
offenders. The Violent Crime Information Network shall serve
to integrate existing state, federal, and civilian data
bases into a single comprehensive network.
SEC. 13. Section 14201.3 of the Penal
Code is amended and renumbered to read:
14201.3. 14209. The center shall
make accessible to the National Missing and Unidentified Persons
System specific information authorized for dissemination and as
determined appropriate by the center that is contained in law
enforcement reports regarding missing or unidentified persons. The
information shall be accessible in a manner and format approved by
the center and shall be used to assist in the search for the missing
person or persons. The center shall not permit the transmission or
sharing of information, or portions of information, to the National
Missing and Unidentified Persons System unless the reporting agency,
as specified in Section 14205 14211 ,
or the reporting party, with respect to the information submitted to
the center, submits authorization to the center to transmit or share
that information.
SEC. 14. Section 14201.5 of the Penal
Code is amended and renumbered to read:
14201.5. 14206. (a) The Attorney
General shall establish within the Department of Justice the Missing
and Exploited Children's Recovery Network by July 31, 1995.
(b) This network shall consist of an automated computerized system
that shall have the capability to electronically transmit to all
state and local law enforcement agencies, and all cooperating news
media services, either by facsimile or computer modem, a missing
child poster that includes the name, personal description data, and
picture of the missing child. The information contained in this
poster shall include, but not be limited to, the child's date of
birth, color of eyes and hair, sex, height, weight, race, the time
and date he or she was reported missing, the reporting agency,
including contact person at reporting agency if known, and any other
data pertinent to the purpose of locating missing persons.
(c) The Department of Justice shall work in cooperation with the
National Center for Missing and Exploited Children to develop and
implement a network that can electronically interface with the
National Missing and Exploited Children's Network.
(d) The Attorney General shall implement this network within
existing Department of Justice resources.
SEC. 15. Section 14201.6 of the Penal
Code is amended and renumbered to read:
14201.6. 14207 . (a) The
Department of Justice shall establish and maintain a publicly
accessible computer internet directory of information relating to the
following:
(1) Persons for whom an arrest warrant has been issued pursuant to
an alleged violation of any offense defined as a violent felony in
subdivision (c) of Section 667.5.
(2) Critical At-risk
missing children persons .
(3) Unsolved homicides and unidentified persons .
(b) The Attorney General may determine the extent of information
and the priority of cases to be included in the directory.
(c) The department shall keep confidential, and not enter into the
directory, either of the following:
(1) Information regarding any case for which the Attorney General
has determined that disclosure pursuant to this section would
endanger the safety of a person involved in an investigation or the
successful completion of the investigation or a related
investigation.
(2) Information regarding an arrest warrant for which the issuing
magistrate has determined that disclosure pursuant to this section
would endanger the safety of a person involved in an investigation or
the successful completion of the investigation or a related
investigation.
(d) For purposes of this section, "critical missing child"
includes, but is not limited to, any case of a missing child for
which there is evidence or indications that the child is at risk, as
specified in subdivision (b) of Section 14213.
SEC. 16. Section 14201.8 of the Penal
Code is amended and renumbered to read:
14201.8. 14208. (a) There shall be
within the Department of Justice a director responsible for
coordinating California's response to missing persons. This position
is hereby established for all of the following purposes:
(1) To assist law enforcement agencies, at their request, with the
timely search and recovery of at-risk abducted
missing children.
(2) To maintain up-to-date knowledge and expertise of those
protocols, best practices, and technologies that are most effective
for recovering missing children in a timely manner.
(3) To maintain relationships with federal, state, and local law
enforcement agencies and other entities responsible for the
investigation of missing persons in the state.
(4) To maintain records and make the Commission on Peace Officer
Standards and Training Guidelines for Handling Missing Persons
Investigations document available to law enforcement agencies upon
request.
(b) The director shall utilize existing resources and expertise
within the Attorney General's office to the maximum extent possible
to accomplish the purposes specified in subdivision (a).
SEC. 17. Section 14202 of the Penal
Code is amended and renumbered to read:
14202. 14203. (a) The Attorney
General shall establish and maintain within the center an
investigative support unit and an automated violent crime method of
operation system to facilitate the identification and apprehension of
persons responsible for murder, kidnap, including parental
abduction, false imprisonment, or sexual assault. This unit shall be
responsible for identifying perpetrators of violent felonies
collected from the center and analyzing and comparing data on missing
persons in order to determine possible leads which could assist
local law enforcement agencies. This unit shall only release
information about active investigations by police and sheriffs'
departments to local law enforcement agencies.
(b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit. This
set of files may include, among others, the following:
(1) Missing or unidentified, deceased persons' dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.
(2) Child abuse reports filed pursuant to Section 11169.
(3) Sex offender registration files maintained pursuant to Section
290.
(4) State summary criminal history information maintained pursuant
to Section 11105.
(5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.1 of the Welfare and
Institutions Code.
(6) Information furnished to the Department of Justice pursuant to
Section 11107.
(7) Other Attorney General's office files as requested by the
investigative support unit.
(c) The investigative support unit shall make available, within
two hours of a reported stranger abduction of a child, a list of
persons required to register as sex offenders based upon the modus
operandi, if available, or the specified geographical location from
which the child was abducted.
SEC. 18. Section 14202.1 of the Penal
Code is amended and renumbered to read:
14202.1. 14202. The Attorney
General shall establish and maintain, upon appropriation of funds by
the Legislature, within the center the Violent Crime Information
System to track and monitor violent offenders and their activities.
The Violent Crime Information System shall use computer technology to
compare unsolved crime scene and methods of operation information
against the file of known violent sexual assault, kidnapping, and
homicide offenders, containing over 40,000 violent,
kidnapping, and homicide offenders. The system shall
provide local law enforcement agencies with investigative leads to
assist in the resolution of violent crimes.
SEC. 19. Section 14202.2 of the Penal
Code is amended and renumbered to read:
14202.2. 14216. (a) The Department
of Justice, in conjunction with the Department of Corrections and
Rehabilitation, shall update any supervised release file that is
available to law enforcement on the California Law Enforcement
Telecommunications System every 10 days to reflect the most recent
inmates paroled from facilities under the jurisdiction of the
Department of Corrections and Rehabilitation.
(b) Commencing on July 1, 2001, The Department of Justice, in
consultation with the State Department of Mental Health, or its
successor, the State Department of State Hospitals, shall also update
any supervised release file that is available to law enforcement on
the California Law Enforcement Telecommunications System every 10
days to reflect patients undergoing community mental health treatment
and supervision through the Forensic Conditional Release Program
administered by the State Department of Mental Health, or its
successor, the State Department of State Hospitals, other than
individuals committed as incompetent to stand trial pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
SEC. 20. Section 14203 of the Penal
Code is amended and renumbered to read:
14203. 14205. (a) The online
missing persons registry shall accept and generate complete
information on a missing person.
(b) The information on a missing person shall be retrievable by
any of the following:
(1) The person's name.
(2) The person's date of birth.
(3) The person's social security number.
(4) Whether a dental chart has been received, coded, and entered
into the National Crime Information Center Missing Person System by
the Attorney General.
(5) The person's physical description, including hair and eye
color and body marks.
(6) The person's known associates.
(7) The person's last known location.
(8) The name or assumed name of the abductor, if applicable, other
pertinent information relating to the abductor or the assumed
abductor, or both.
(9) Any other information, as deemed appropriate by the Attorney
General.
(c) The Attorney General, in consultation with local law
enforcement agencies and other user groups, shall develop the form in
which information shall be entered into the system.
(d) The Attorney General shall establish and maintain within the
center a separate, confidential historic database relating to missing
children and dependent at-risk adults.
The historic database may be used only by the center for statistical
and research purposes. The historic database shall be set up to
categorize cases relating to missing children and dependent
at-risk adults by type. These types shall
include the following: runaways, voluntary missing, lost,
abduction involving movement of the victim in the commission of the
crime or sexual exploitation of the victim, nonfamily abduction,
family abduction, and any other categories as determined by the
Attorney General. In
(1) Runaways.
(2) Voluntary missing.
(3) Lost.
(4) Abduction involving movement of the victim in the commission
of the crime or sexual exploitation.
(5) Nonfamily abduction.
(6) Family abduction
(7) Any other categories as determined by the Attorney General.
(e) In addition, the data shall
include the number of missing children and missing dependent
at-risk adults in this state and the category
of each case.
(e)
(f) The center may supply information about specific
cases from the historic database to a local police department,
sheriff's department, or district attorney, only in connection with
an investigation by the police department, sheriff's department, or
district attorney of a missing person case or a violation or
attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5,
or any sex offense listed in Section 290, except for the offense
specified in subdivision (d) of Section 243.4.
SEC. 21. Section 14204 of the Penal
Code is repealed.
14204. The Attorney General shall provide training on the
services provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys' offices, the Department of Corrections and Rehabilitation,
probation departments, court mediation services, and the judiciary.
SEC. 22. Section 14205 of the Penal
Code is amended and renumbered to read:
14205. 14211. (a) All local police
and sheriffs' departments shall accept any report, by any party,
including any telephonic report, of a missing person,
including runaways, without delay and shall give priority to the
handling of these reports over the handling of reports relating to
crimes involving property. In
(b) In cases where the person
making a report of a missing person or runaway, contacts, including
by telephone, the Department of the California Highway
Patrol, the Department of the California Highway Patrol
may take the report, and shall immediately advise the person making
the report of the name and telephone number of the police or sheriff'
s department having jurisdiction of the residence address of the
missing person and of the name and telephone number of the police or
sheriff's department having jurisdiction of the place where the
person was last seen. In
(c) In cases of reports involving
missing persons, including, but not limited to, runaways, the local
police or sheriff's department shall immediately take the report and
make an assessment of reasonable steps to be taken to locate the
person. If person by using the report forms,
checklists, and guidelines required under Section 13519.07.
(d) If the missing person is
under 16 21 years of age, or there is
evidence that the person is at risk, the police department or
sheriff's department shall broadcast a "Be On the Look-Out"
bulletin, without delay, within its jurisdiction.
(b)
(e) If the person reported missing is under 21 years of
age, or if there is evidence that the person is at risk, the law
enforcement agency receiving the report shall, within two hours after
the receipt of the report, electronically transmit the
report to the Department of Justice via the California Law
Enforcement Telecommunications System for inclusion in the
Violent Crime Information Center and the National Crime Information
Center databases.
(f) Information not immediately available for electronic
transmission to the department shall 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. Supplemental information may include, but is not
limited to, the following:
(1) Dental records and treatment notes.
(2) Fingerprints.
(3) Photographs.
(4) Description of physical characteristics.
(5) Description of clothing the person was wearing when last seen.
(6) Vehicle information.
(7) Other information describing any person or vehicle believed to
be involved in taking, abducting, or retaining the missing person.
(c)
(g) In cases where the report is taken by a department,
other than that of the city or county of residence of the missing
person or runaway, the department, or division of the Department
of the California Highway Patrol taking the report shall,
without delay, and, in the case of children
persons under 16 21 years of age
or where there was evidence that the missing person was at risk,
within no more than 24 hours, notify, and forward a copy of the
report to the police or sheriff's department or departments having
jurisdiction of the residence address of the missing person or
runaway and of the place where the person was last seen. The report
shall also be submitted by the department or division of the
Department of the California Highway Patrol which took the
report to the center. The initial California Law Enforcement
Telecommunications System record may only be removed after the
receiving agency has accepted the report.
(d)
(h) The requirements imposed by this section on local
police and sheriffs' departments shall not be operative if the
governing body of that local agency, by a majority vote of the
members of that body, adopts a resolution expressly making those
requirements inoperative.
SEC. 23. Section 14206 of the Penal
Code is amended and renumbered to read:
14206. 14212. (a) (1)
When any person makes 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, the report shall be
given in person
or by mail in a format acceptable to agency shall use
the Attorney General General's form as
required under Section 13519.07 . That form shall include a
statement authorizing the release of the dental or skeletal X-rays,
or both, and treatment notes, of the person reported
missing and authorizing the release of a recent photograph of a
person reported missing who is under 18 years of age.
Included
(b) Included with the form shall
be instructions which state that if the person reported missing is
still missing 30 days after the report is made, the release form
signed by a member of the family or next of kin of the missing person
shall be taken by the family member or next of kin to the dentist,
physician and surgeon, or medical facility in order to obtain the
release of the dental or skeletal X-rays, or both, and treatment
notes, of that person or may be taken by a peace officer, if
others fail to take action, to secure those X-rays and treatment
notes . Notwithstanding
(c) Notwithstanding any other
provision of law, dental or skeletal X-rays, or both, and
treatment notes, shall be released by the dentist, physician
and surgeon, or medical facility to the person presenting the request
and shall be submitted within 10 days by that person to the police
or sheriff's department or other law enforcement agency having
jurisdiction over the investigation. When
(d) When the person reported
missing has been determined by the agency to be an at-risk
person, has not been found within 30 days and no
family or next of kin exists or can be located , the law
enforcement agency may execute a written declaration, stating that an
active investigation seeking the location of the missing person is
being conducted, and that the dental or skeletal X-rays, or both,
and treatment notes, are necessary for the exclusive
purpose of furthering the investigation. Notwithstanding
(e) Notwithstanding any other
provision of law, the written declaration, signed by a peace officer,
is sufficient authority for the dentist, physician and surgeon, or
medical facility to immediately release the missing person'
s dental or skeletal X-rays, or both.
(2) The form provided under this subdivision shall also state that
if the person reported missing is under 18 years of age, the
completed form shall be taken to the dentist, physician and surgeon,
or medical facility immediately when the law enforcement agency
determines that the disappearance involves evidence that the person
is at risk or when the law enforcement agency determines that the
person missing is under 16 years of age and has been missing at least
14 days. The form shall further provide that the dental or skeletal
X-rays, or both, and a recent photograph of the missing child shall
be submitted immediately to the law enforcement agency. Whenever
authorized under this subdivision to execute a written declaration to
obtain the release of dental or skeletal X-rays, or both, is
provided, the investigating law enforcement agency may obtain those
X-rays when a person reported missing is under 18 years of age and
the law enforcement agency determines that the disappearance involves
evidence that the person is at risk. In each case, the law
enforcement agency may confer immediately with the coroner or medical
examiners and may submit its report including the dental or skeletal
X-rays, or both, within 24 hours thereafter to the Attorney General.
The
(f) The Attorney General's office
shall code and enter the dental or skeletal X-rays, or both, into
the center. center's database, which shall
serve as the statewide database for those X-rays, and shall forward
the information to the National Crime Information Center.
(b)
(g) When a person reported missing has not been found
within 45 30 days, the sheriff, chief
of police, or other law enforcement agency conducting the
investigation for the missing person may confer with the coroner or
medical examiner prior to the preparation of a missing person report.
The coroner or medical examiner shall cooperate with the law
enforcement agency. After conferring with the coroner or medical
examiner, the sheriff, chief of police, or other law enforcement
agency initiating and conducting the investigation for the missing
person may submit a missing person report and the dental or skeletal
X-rays, or both, and photograph received pursuant to subdivision (a)
to the Attorney General's office in a format acceptable to the
Attorney General.
(c)
(h) Nothing in this section prohibits a parent or
guardian of a child, reported to a law enforcement agency as missing,
from voluntarily submitting fingerprints, and other documents, to
the law enforcement agency accepting the report for inclusion in the
report which is submitted to the Attorney General.
(d)
(i) The requirements imposed by this section on local
police and sheriff's departments shall not be operative if the
governing body of that local agency, by a majority vote of the
members of that body, adopts a resolution expressly making those
requirements inoperative.
SEC. 24. Section 14207 of the Penal
Code is amended and renumbered to read:
14207. 14213. (a) When a person
reported missing has been found, the sheriff, chief of police,
coroner or medical examiner, or the law enforcement agency locating
the missing person shall immediately report that information to the
Attorney General's office. The Attorney General's office shall
then notify the National Crime Information Center that the missing
person has been found.
(b) When a child under 12 years of age or a missing
person, where there was evidence that the person was at risk,
missing person is found, the report indicating
that the person is found shall be made not later than 24 hours after
the person is found . A report shall also be made
to the law enforcement agency that made the initial missing person
report. The Attorney General's office shall then notify the
National Crime Information Center that the missing person has been
found.
(c) In the event that a missing person is found alive or dead in
less than 24 hours and the local police or sheriff's department has
reason to believe that the person had been abducted, the department
shall submit a report to the center in a format established by the
Attorney General. In the event that a missing person has been found
before he or she has been reported missing to the center, the
information related to the incident shall be submitted to the center.
(d) A law enforcement agency shall not establish or maintain any
policy that requires the removal of a missing person entry from the
center database or the National Crime Information Center database.
SEC. 25. Section 14208 of the Penal
Code is amended and renumbered to read:
14208. 14210. (a) The Department of
Justice shall operate a statewide, toll-free telephone hotline 24
hours per day, seven days per week to receive information regarding
missing children and dependent at-risk
adults and relay this information to the appropriate law enforcement
authorities.
(b) The Department of Justice shall select up to six children per
month from the missing children registry maintained pursuant
to former Section 11114 or pursuant to the system
persons publicly maintained computer Internet directory
maintained pursuant to Sections 14201 and 14202
Section 14207 and shall produce posters with photographs
and information regarding these children, including the missing
children hotline telephone number and reward information. The
department shall make these posters available to parties as
prescribed and as the department deems appropriate.
(c) The Department of Justice shall provide appropriate local
reporting agencies with a list of persons still listed as missing who
are under 21 years of age, and with an appropriate waiver form in
order to assist the reporting agency in obtaining a photograph of
each of the missing children.
(d) Local reporting agencies shall attempt to obtain the most
recent photograph available for persons still listed as missing and
forward those photographs to the Department of Justice.
(e) The department shall include these photographs, as they become
available, in the quarterly bulletins pursuant to subdivision (c) of
Section 14204.
(f) State and local elected officials, agencies, departments,
boards, and commissions may enclose in their mailings information
regarding missing children or at-risk adults obtainable from the
Department of Justice or any organization that is recognized as a
nonprofit, tax-exempt organization under state or federal law and
that has an ongoing missing children program. Elected officials,
agency secretaries, and directors of departments, boards, and
commissions are urged to develop policies to enclose missing children
or at-risk adults information in mailings if it will not increase
postage costs and is otherwise deemed appropriate.
SEC. 26. Section 14209 of the Penal
Code is repealed.
14209. (a) The Department of Justice shall provide appropriate
local reporting agencies with a list of persons still listed as
missing who are under 18 years of age, with an appropriate waiver
form in order to assist the reporting agency in obtaining a
photograph of each of the missing children.
(b) Local reporting agencies shall attempt to obtain the most
recent photograph available for persons still listed as missing and
forward those photographs to the Department of Justice.
(c) The department shall include these photographs, as they become
available, in the quarterly bulletins pursuant to subdivision (c) of
Section 14201.
(d) State and local elected officials, agencies, departments,
boards, and commissions may enclose in their mailings information
regarding missing children or dependent adults obtainable from the
Department of Justice or any organization that is recognized as a
nonprofit, tax-exempt organization under state or federal law and
that has an ongoing missing children program. Elected officials,
agency secretaries, and directors of departments, boards, and
commissions are urged to develop policies to enclose missing children
or dependent adults information in mailings when it will not
increase postage costs, and is otherwise deemed appropriate.
SEC. 27. Section 14210 of the Penal
Code is amended and renumbered to read:
14210. 14214. (a) The Legislature
finds and declares that it is the duty of all law enforcement
agencies to immediately assist any person who is attempting to make a
report of a missing person or runaway.
(b) The Department of the California Highway Patrol shall continue
to implement the written policy, required to be developed and
adopted pursuant to former Section 11114.3, for the coordination of
each of its divisions with the police and sheriffs' departments
located within each division in taking, transmitting, and
investigating reports of missing persons, including runaways.
SEC. 28. Section 14213 of the Penal
Code is amended and renumbered to read:
14213. 14215. (a) As used in this
title, "missing person" includes, but is not limited to, a child who
has been taken, detained, concealed, enticed away, or retained by a
parent in violation of Chapter 4 (commencing with Section 277) of
Title 9 of Part 1. It also includes any child who is missing
voluntarily or involuntarily, or under circumstances not conforming
to his or her ordinary habits or behavior and who may be in need of
assistance.
(b) As used in this title, "evidence that the person is
at risk" includes, but is not limited to, "at-risk"
means there is evidence of, or there are
indications of , any of the following:
(1) The person missing is the victim of a crime or foul play.
(2) The person missing is in need of medical attention.
(3) The person missing has no pattern of running away or
disappearing.
(4) The person missing may be the victim of parental abduction.
(5) The person missing is mentally impaired.
(c) As used in this title, "child" is any person under the age of
18.
(d) As used in this title, "center" means the Violent Crime
Information Center.
(e) As used in this title, "dependent adult" is any person
described in subdivision (h) of Section 368, regardless of whether
the person lives independently.
(f)
(e) As used in this title, "dental or medical records
or X-rays," include all those records or X-rays which are in the
possession of a dentist, physician and surgeon, or medical facility.
(f) As used in this title, "unidentified person" means a person,
living or deceased, whose identity the local investigative agency is
unable to determine.
SEC. 29. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation relating to missing persons.