Amended in Senate May 27, 2014

Amended in Senate April 3, 2014

Senate BillNo. 1066


Introduced by Senator Galgiani

begin insert

(Coauthor: Senator Gaines)

end insert

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,begin insert andend insert 27521begin delete, and 27521.1end delete 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 agencybegin delete responsible forend deletebegin insert that performsend insert 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 wouldbegin delete reorganize and alsoend delete apply these provisions to abegin delete police department, sheriff’s office, medical examiner, or other law enforcement agencyend deletebegin insert medical examiner or other agency that performs a postmortem examination or autopsyend insert 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 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 thebegin delete Look-Out”end deletebegin insert Lookoutend insertbegin insertend insert 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 bybegin delete aend delete 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 Enforcementbegin delete Communicationsend deletebegin insert Telecommunicationsend insert 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: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

Section 38139 of the Education Code is amended
2to read:

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 Section 14210
6of the Penal Code.

7(b) Public secondary schools shall post at an appropriate area
8information regarding missing children provided by the Department
9of Justice pursuant to Section 14210 of the Penal Code.

10

SEC. 2.  

Section 49068.5 of the Education Code is amended to
11read:

12

49068.5.  

Upon the initial enrollment of a pupil in a public or
13private elementary school, or whenever an elementary school pupil
14transfers from one school district to another, transfers to an
15elementary school within the same district, transfers from one
16private elementary school to another, transfers from a private
17elementary school to a public elementary school, or transfers from
18a public elementary school to a private elementary school, the
19principal of the school that the child enters or to which he or she
20transfers is urged to check to see if the child resembles a child
P5    1listed as missing by the bulletins provided by the Department of
2Justice pursuant to Section 14204 of the Penal Code.

3

SEC. 3.  

Section 17506 of the Family Code is amended to read:

4

17506.  

(a) There is in the department a California Parent
5Locator Service and Central Registry that shall collect and
6disseminate all of the following, with respect to any parent, putative
7parent, spouse, or former spouse:

8(1) The full and true name of the parent together with any known
9aliases.

10(2) Date and place of birth.

11(3) Physical description.

12(4) Social security number.

13(5) Employment history and earnings.

14(6) Military status and Veterans Administration or military
15service serial number.

16(7) Last known address, telephone number, and date thereof.

17(8) Driver’s license number, driving record, and vehicle
18registration information.

19(9) Criminal, licensing, and applicant records and information.

20(10) (A) Any additional location, asset, and income information,
21including income tax return information obtained pursuant to
22Section 19548 of the Revenue and Taxation Code, and to the extent
23permitted by federal law, the address, telephone number, and social
24security number obtained from a public utility, cable television
25corporation, a provider of electronic digital pager communication,
26or a provider of mobile telephony services that may be of assistance
27in locating the parent, putative parent, abducting, concealing, or
28detaining parent, spouse, or former spouse, in establishing a parent
29and child relationship, in enforcing the child support liability of
30the absent parent, or enforcing the spousal support liability of the
31spouse or former spouse to the extent required by the state plan
32pursuant to Section 17604.

33(B) For purposes of this subdivision, “income tax return
34information” means all of the following regarding the taxpayer:

35(i) Assets.

36(ii) Credits.

37(iii) Deductions.

38(iv) Exemptions.

39(v) Identity.

40(vi) Liabilities.

P6    1(vii) Nature, source, and amount of income.

2(viii) Net worth.

3(ix) Payments.

4(x) Receipts.

5(xi) Address.

6(xii) Social security number.

7(b) Pursuant to a letter of agreement entered into between the
8Department of Child Support Services and the Department of
9Justice, the Department of Child Support Services shall assume
10responsibility for the California Parent Locator Service and Central
11Registry. The letter of agreement shall, at a minimum, set forth all
12of the following:

13(1) Contingent upon funding in the Budget Act, the Department
14of Child Support Services shall assume responsibility for leadership
15and staff of the California Parent Locator Service and Central
16Registry commencing July 1, 2003.

17(2) All employees and other personnel who staff or provide
18support for the California Parent Locator Service and Central
19Registry shall, at the time of the transition, at their option, become
20the employees of the Department of Child Support Services at
21their existing or equivalent classification, salaries, and benefits.

22(3) Until the department’s automation system for the California
23Parent Locator Service and Central Registry functions is fully
24operational, the department shall use the automation system
25operated by the Department of Justice.

26(4) Any other provisions necessary to ensure continuity of
27function and meet or exceed existing levels of service.

28(c) To effectuate the purposes of this section, the California
29Child Support Automation System, the California Parent Locator
30Service and Central Registry, and the Franchise Tax Board shall
31utilize the federal Parent Locator Service to the extent necessary,
32and may request and shall receive from all departments, boards,
33bureaus, or other agencies of the state, or any of its political
34subdivisions, and those entities shall provide, that assistance and
35data that will enable the Department of Child Support Services
36and other public agencies to carry out their powers and duties to
37locate parents, spouses, and former spouses, and to identify their
38assets, to establish parent-child relationships, and to enforce
39liability for child or spousal support, and for any other obligations
40incurred on behalf of children, and shall also provide that
P7    1information to any local child support agency in fulfilling the duties
2 prescribed in Section 270 of the Penal Code, and in Chapter 8
3(commencing with Section 3130) of Part 2 of Division 8 of this
4code, relating to abducted, concealed, or detained children and to
5any county child welfare agency or county probation department
6in fulfilling the duties prescribed in Article 5.5 (commencing with
7Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare
8and Institutions Code, and prescribed in Article 6 (commencing
9with Section 300) of Chapter 2 of Part 1 of Division 2 of the
10Welfare and Institutions Code to identify, locate, and notify parents
11of children who are the subject of juvenile court proceedings, to
12establish parent and child relationships pursuant to Section 316.2
13of the Welfare and Institutions Code, and to assess the
14appropriateness of placement of a child with a noncustodial parent
15pursuant to Section 361.2 of the Welfare and Institutions Code.
16County child welfare agencies and probation departments shall be
17entitled to that information regardless of whether an all-county
18letter or similar instruction is issued pursuant to subparagraph (C)
19of paragraph (8) of subdivision (c) of Section 11478.1 of the
20Welfare and Institutions Code. The California Child Support
21Automation System shall be entitled to the same cooperation and
22information as the California Parent Locator Service and Central
23Registry to the extent allowed by law. The California Child Support
24Automation System shall be allowed access to criminal record
25information only to the extent that access is allowed by state and
26federal law.

27(d) (1) To effectuate the purposes of this section, and
28notwithstanding any other law, regulation, or tariff, and to the
29extent permitted by federal law, the California Parent Locator
30Service and Central Registry and the California Child Support
31Automation System may request and shall receive from public
32utilities, as defined in Section 216 of the Public Utilities Code,
33customer service information, including the full name, address,
34telephone number, date of birth, employer name and address, and
35social security number of customers of the public utility, to the
36extent that this information is stored within the computer database
37of the public utility.

38(2) To effectuate the purposes of this section, and
39notwithstanding any other law, regulation, or tariff, and to the
40extent permitted by federal law, the California Parent Locator
P8    1Service and Central Registry and the California Child Support
2Automation System may request and shall receive from cable
3television corporations, as defined in Section 216.4 of the Public
4Utilities Code, the providers of electronic digital pager
5communication, as defined in Section 629.51 of the Penal Code,
6and the providers of mobile telephony services, as defined in
7Section 224.4 of the Public Utilities Code, customer service
8information, including the full name, address, telephone number,
9date of birth, employer name and address, and social security
10number of customers of the cable television corporation, customers
11of the providers of electronic digital pager communication, and
12customers of the providers of mobile telephony services.

13(3) In order to protect the privacy of utility, cable television,
14electronic digital pager communication, and mobile telephony
15service customers, a request to a public utility, cable television
16corporation, provider of electronic digital pager communication,
17or provider of mobile telephony services for customer service
18information pursuant to this section shall meet the following
19requirements:

20(A) Be submitted to the public utility, cable television
21corporation, provider of electronic digital pager communication,
22or provider of mobile telephony services in writing, on a transmittal
23document prepared by the California Parent Locator Service and
24 Central Registry or the California Child Support Automation
25System and approved by all of the public utilities, cable television
26corporations, providers of electronic digital pager communication,
27and providers of mobile telephony services. The transmittal shall
28be deemed to be an administrative subpoena for customer service
29information.

30(B) Have the signature of a representative authorized by the
31California Parent Locator Service and Central Registry or the
32California Child Support Automation System.

33(C) Contain at least three of the following data elements
34regarding the person sought:

35(i) First and last name, and middle initial, if known.

36(ii) Social security number.

37(iii) Driver’s license number.

38(iv) Birth date.

39(v) Last known address.

40(vi) Spouse’s name.

P9    1(D) The California Parent Locator Service and Central Registry
2and the California Child Support Automation System shall ensure
3that each public utility, cable television corporation, provider of
4electronic digital pager communication services, and provider of
5mobile telephony services has at all times a current list of the names
6of persons authorized to request customer service information.

7(E) The California Child Support Automation System and the
8California Parent Locator Service and Central Registry shall ensure
9that customer service information supplied by a public utility, cable
10television corporation, provider of electronic digital pager
11communication, or provider of mobile telephony services is
12applicable to the person who is being sought before releasing the
13information pursuant to subdivision (d).

14(4) During the development of the California Child Support
15Automation System, the department shall determine the necessity
16of additional locate sources, including those specified in this
17section, based upon the cost-effectiveness of those sources.

18(5) The public utility, cable television corporation, electronic
19digital pager communication provider, or mobile telephony service
20provider may charge a fee to the California Parent Locator Service
21and Central Registry or the California Child Support Automation
22System for each search performed pursuant to this subdivision to
23cover the actual costs to the public utility, cable television
24corporation, electronic digital pager communication provider, or
25mobile telephony service provider for providing this information.

26(6) No public utility, cable television corporation, electronic
27digital pager communication provider, or mobile telephony service
28provider or official or employee thereof, shall be subject to criminal
29or civil liability for the release of customer service information as
30authorized by this subdivision.

31(e) Notwithstanding Section 14203 of the Penal Code, any
32records established pursuant to this section shall be disseminated
33only to the Department of Child Support Services, the California
34Child Support Automation System, the California Parent Locator
35Service and Central Registry, the parent locator services and central
36registries of other states as defined by federal statutes and
37regulations, a local child support agency of any county in this state,
38and the federal Parent Locator Service. The California Child
39Support Automation System shall be allowed access to criminal
P10   1offender record information only to the extent that access is allowed
2by law.

3(f) (1) At no time shall any information received by the
4California Parent Locator Service and Central Registry or by the
5California Child Support Automation System be disclosed to any
6person, agency, or other entity, other than those persons, agencies,
7and entities specified pursuant to Section 17505, this section, or
8any other provision.

9(2) This subdivision shall not otherwise affect discovery between
10parties in any action to establish, modify, or enforce child, family,
11or spousal support, that relates to custody or visitation.

12(g) (1) The Department of Justice, in consultation with the
13Department of Child Support Services, shall promulgate rules and
14regulations to facilitate maximum and efficient use of the California
15Parent Locator Service and Central Registry. Upon implementation
16of the California Child Support Automation System, the
17Department of Child Support Services shall assume all
18responsibility for promulgating rules and regulations for use of
19the California Parent Locator Service and Central Registry.

20(2) The Department of Child Support Services, the Public
21Utilities Commission, the cable television corporations, providers
22of electronic digital pager communication, and the providers of
23mobile telephony services shall develop procedures for obtaining
24the information described in subdivision (c) from public utilities,
25cable television corporations, providers of electronic digital pager
26communication, and providers of mobile telephony services and
27for compensating the public utilities, cable television corporations,
28providers of electronic digital pager communication, and providers
29of mobile telephony services for providing that information.

30(h) The California Parent Locator Service and Central Registry
31may charge a fee not to exceed eighteen dollars ($18) for any
32service it provides pursuant to this section that is not performed
33or funded pursuant to Section 651 and following of Title 42 of the
34United States Code.

35(i) This section shall be construed in a manner consistent with
36the other provisions of this article.

37

SEC. 4.  

Section 6276.30 of the Government Code is amended
38to read:

P11   1

6276.30.  

Managed care health plans, confidentiality of
2proprietary information, Section 14091.3 of the Welfare and
3Institutions 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,
9Section 120975 of the Health and Safety Code.

10Mandated blood testing and confidentiality to protect public
11health, unauthorized disclosures of identification of test subjects,
12Sections 1603.1, 1603.3, and 121022 of the Health and Safety
13Code.

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

18Manufactured home, mobilehome, floating home, confidentiality
19of home address of registered owner, Section 18081 of the Health
20and Safety Code.

21Marital confidential communications, Sections 980, 981, 982,
22983, 984, 985, 986, and 987 of the Evidence Code.

23Market reports, confidential, subdivision (e) of Section 6254.

24Marketing of commodities, confidentiality of financial
25information, Section 58781 of the Food and Agricultural Code.

26Marketing orders, confidentiality of processors’ or distributors’
27information, Section 59202 of the Food and Agricultural Code.

28Marriage, confidential, certificate, Section 511begin delete,end deletebegin insert of theend insert Family
29Code.

30Medi-Cal Benefits Program, confidentiality of information,
31Section 14100.2 of the Welfare and Institutions Code.

32Medi-Cal Benefits Program, Request of Department for Records
33of Information, Section 14124.89 of the Welfare and Institutions
34Code.

35Medi-Cal Fraud Bureau, confidentiality of complaints, Section
3612528.

37Medi-Cal managed care program, exemption from disclosure
38for financial and utilization data submitted by Medi-Cal managed
39care health plans to establish rates, Section 14301.1 of the Welfare
40and Institutions Code.

P12   1Medi-Cal program, exemption from disclosure for best price
2contracts between the State Department of Health Care Services
3and drug manufacturers, Section 14105.33 of the Welfare and
4Institutions Code.

5Medical information, disclosure by provider unless prohibited
6by patient in writing, Section 56.16 of the Civil Code.

7Medical information, types of information not subject to patient
8prohibition of disclosure, Section 56.30 of the Civil Code.

9Medical and other hospital committees and peer review bodies,
10confidentiality of records, Section 1157 of the Evidence Code.

11Medical or dental licensee, action for revocation or suspension
12due to illness, report, confidentiality of, Section 828 of the Business
13and Professions Code.

14Medical or dental licensee, disciplinary action, denial or
15termination of staff privileges, report, confidentiality of, Sections
16805, 805.1, and 805.5 of the Business and Professions Code.

17Meetings of state agencies, disclosure of agenda, Section
1811125.1.

19Mentally abnormal sex offender committed to state hospital,
20confidentiality of records, Section 4135 of the Welfare and
21Institutions Code.

22Mentally disordered and developmentally disabled offenders,
23access to criminal histories of, Section 1620 of the Penal Code.

24Mentally disordered persons, court-ordered evaluation,
25confidentiality of reports, Section 5202 of the Welfare and
26Institutions Code.

27Mentally disordered or mentally ill person, confidentiality of
28written consent to detainment, Section 5326.4 of the Welfare and
29Institutions Code.

30Mentally disordered or mentally ill person, voluntarily or
31 involuntarily detained and receiving services, confidentiality of
32records and information, Sections 5328, 5328.15, 5328.2, 5328.4,
335328.8, and 5328.9 of the Welfare and Institutions Code.

34Mentally disordered or mentally ill person, weapons restrictions,
35confidentiality of information about, Section 8103 of the Welfare
36and Institutions Code.

37Milk marketing, confidentiality of records, Section 61443 of the
38Food and Agricultural Code.

39Milk product certification, confidentiality of, Section 62121 of
40the Food and Agricultural Code.

P13   1Milk, market milk, confidential records and reports, Section
262243 of the Food and Agricultural Code.

3Milk product registration, confidentiality of information, Section
438946 of the Food and Agricultural Code.

5Milk equalization pool plan, confidentiality of producers’ voting,
6Section 62716 of the Food and Agricultural Code.

7Mining report, confidentiality of report containing information
8relating to mineral production, reserves, or rate of depletion of
9mining operation, Section 2207 of the Public Resources Code.

10Minor, criminal proceeding testimony closed to public, Section
11859.1 of the Penal Code.

12Minors, material depicting sexual conduct, records of suppliers
13to be kept and made available to law enforcement, Section 1309.5
14of the Labor Code.

15Misdemeanor and felony reports by police chiefs and sheriffs
16to Department of Justice, confidentiality of, Sections 11107 and
1711107.5 of the Penal Code.

18Monetary instrument transaction records, confidentiality of,
19Section 14167 of the Penal Code.

20Missing persons’ information, disclosure of, Sections 14204 and
2114205 of the Penal Code.

22Morbidity and mortality studies, confidentiality of records,
23Section 100330 of the Health and Safety Code.

24Motor vehicle accident reports, disclosure, Sections 16005,
2520012, and 20014 of the Vehicle Code.

26Motor vehicles, department of, public records, exceptions,
27Sections 1808 to 1808.7, inclusivebegin insert,end insert of the Vehicle Code.

28Motor vehicle insurance fraud reporting, confidentiality of
29information acquired, Section 1874.3 of the Insurance Code.

30Motor vehicle liability insurer, data reported to Department of
31Insurance, confidentiality of, Section 11628 of the Insurance Code.

32Multijurisdictional drug law enforcement agency, closed sessions
33to discuss criminal investigation, Section 54957.8.

34

SEC. 5.  

Section 13974.1 of the Government Code is amended
35to read:

36

13974.1.  

(a) The board shall use the applicable provisions of
37this article to establish a claim and reward procedure to reward
38persons providing information leading to the location of any child
39listed in the missing children registry compiled pursuant to former
40Section 11114 of the Penal Code or maintained pursuant to the
P14   1system maintained pursuant to Sections 14203 and 14204 of the
2Penal Code.

3(b) Awards shall be made upon recommendation of the
4Department of Justice in an amount of not to exceed five hundred
5dollars ($500) to any one individual. However, as a condition to
6an award, in any particular case, an amount equal to or greater in
7nonstate funds shall have been first offered as a reward for
8information leading to the location of that missing child.

9(c) The Missing Children Reward Fund is hereby created in the
10State Treasury and is continuously appropriated to the California
11Victim Compensation and Government Claims Board to make
12awards pursuant to this section.

13

SEC. 6.  

Section 27521 of the Government Code is amended
14to read:

15

27521.  

(a) A postmortem examination or autopsy conducted
16at the discretion of a coroner, medical examiner, or other agency
17begin deleteresponsible for a postmortem examination or autopsy,end delete upon an
18unidentified body or human remains is subject to this section.

19(b) A postmortem examination or autopsy shall include, but
20shall not be limited to, the following procedures:

21(1) Taking of all available fingerprints andbegin delete palmsend deletebegin insert palmend insert prints.

22(2) A dental examination consisting of dental charts and dental
23X-rays of the deceased person’s teeth, which may be conducted
24on the body or human remains by a qualified dentist as determined
25by the coroner.

26(3) The collection of tissue, including a hair sample, or body
27fluid samples for future DNA testing, if necessary.

28(4) Frontal and lateral facial photographs with the scale
29indicated.

30(5) Notation and photographs, with a scale, of significant scars,
31marks, tattoos, clothing items, or other personal effects found with
32or near the body.

33(6) Notations of observations pertinent to the estimation of the
34time of death.

35(7) Precise documentation of the location of the remains.

36(c) The postmortem examination or autopsy of the unidentified
37body or remains may include full body X-rays.

38(d) The coroner, medical examiner, or other agencybegin delete responsible
39forend delete
begin insert performingend insert a postmortem examination or autopsy shall prepare
40a final report of investigation in a format established by the
P15   1Department of Justice. The final report shall list or describe the
2information collected pursuant to the postmortem examination or
3autopsy conducted under subdivision (b).

4(e) The body of an unidentified deceased person may not be
5cremated or buried until the jaws (maxilla and mandible with teeth)
6and other tissue samples are retained for future possible use. Unless
7the coroner, medical examiner, or other agencybegin delete responsible forend delete
8begin insert performingend insert a postmortem examination or autopsy has determined
9that the body of the unidentified deceased person has suffered
10significant deterioration or decomposition, the jaws shall not be
11removed until immediately before the body is cremated or buried.
12The coroner, medical examiner, or other agency responsible for a
13postmortem examination or autopsy shall retain the jaws and other
14tissue samples for one year after a positive identification is made,
15and no civil or criminal challenges are pending, or indefinitely.

begin insert

16(f) If the coroner, medical examiner, or other agency performing
17a postmortem examination or autopsy with the aid of the dental
18examination and any other identifying findings is unable to
19establish the identity of the body or human remains, the coroner,
20medical examiner, or other agency shall submit dental charts and
21dental X-rays of the unidentified deceased person to the
22Department of Justice on forms supplied by the Department of
23Justice within 45 days of the date the body or human remains were
24discovered.

end insert
begin insert

25(g) If the coroner, medical examiner, or other agency performing
26a postmortem examination or autopsy with the aid of the dental
27examination and other identifying findings is unable to establish
28the identity of the body or human remains, the coroner, medical
29examiner, or other agency shall submit the final report of
30investigation to the Department of Justice within 180 days of the
31 date the body or human remains were discovered. The final report
32of investigation shall list or describe the information collected
33pursuant to the postmortem examination or autopsy conducted
34under subdivision (b), and any homicide report, anthropology
35report, fingerprints, photographs, and autopsy report.

end insert
begin delete
36

SEC. 7.  

Section 27521.1 of the Government Code is amended
37to read:

38

27521.1.  

(a) A police department, sheriff’s office, coroner,
39medical examiner, or other law enforcement agency investigating
40the death of an unidentified person shall report the death to the
P16   1Department of Justice, using the department’s Unidentified
2Deceased Person Reporting Form no later than 10 calendar days
3after the date the body or human remains were discovered.

4(b) Pursuant to Section 102870 of the Health and Safety Code,
5the department shall serve as a statewide repository for final reports
6of investigations and shall maintain dental records in the databases
7of both the Violent Crime Information Center and the National
8Crime Information Center.

9(c) If a police department, sheriff’s office, coroner, medical
10examiner, or other law enforcement agency investigating the death
11of an unidentified person, with the aid of the dental examination
12and any other identifying findings, is unable to establish the identity
13of the body or human remains, the investigating agency shall
14submit dental charts and dental X-rays of the unidentified deceased
15 person to the Department of Justice on forms supplied by the
16Department of Justice within 45 days of the date the body or human
17remains were discovered.

18(d) If a police department, sheriff’s office, coroner, medical
19examiner, or other law enforcement agency investigating the death
20of an unidentified person, with the aid of the dental examination
21and any other identifying findings, is unable to establish the identity
22of the body or human remains, the investigating agency shall
23submit the final report of investigation to the Department of Justice
24within 180 days of the date the body or human remains were
25discovered. The final report of investigation shall list or describe
26the information collected pursuant to the postmortem examination
27or autopsy conducted under subdivision (b) of Section 27521, and
28any homicide report, anthropology report, fingerprints,
29photographs, and autopsy report.

end delete
30

begin deleteSEC. 8.end delete
31begin insertSEC. 7.end insert  

Section 168 of the Penal Code is amended to read:

32

168.  

(a) Every district attorney, clerk, judge, or peace officer
33who, except by issuing or in executing a search warrant or warrant
34of arrest for a felony, willfully discloses the fact of the warrant
35prior to execution for the purpose of preventing the search or
36seizure of property or the arrest of any person shall be punished
37by imprisonment in a county jailbegin delete forend delete not exceeding one year or
38pursuant to subdivision (h) of Section 1170.

39(b) This section shall not prohibit the following:

P17   1(1) A disclosure made by a district attorney or the Attorney
2General for the sole purpose of securing voluntary compliance
3with the warrant.

4(2) Upon the return of an indictment and the issuance of an
5arrest warrant, a disclosure of the existence of the indictment and
6arrest warrant by a district attorney or the Attorney General to
7assist in the apprehension of a defendant.

8(3) The disclosure of an arrest warrant pursuant to paragraph
9(1) of subdivision (a) of Section 14207.

10

begin deleteSEC. 9.end delete
11begin insertSEC. 8.end insert  

Section 273j of the Penal Code is amended to read:

12

273j.  

(a) (1) Any parent or guardian having the care, custody,
13or control of a child under 14 years of age who knows or should
14have known that the child has died shall notify a public safety
15agency, as defined in Section 53102 of the Government Code,
16within 24 hours of the time that the parent or guardian knew or
17should have known that the child has died.

18(2) This subdivision shall not apply when a child is otherwise
19under the immediate care of a physician at the time of death, or if
20a public safety agency, a coroner, or a medical examiner is
21otherwise aware of the death.

22(b) (1) Any parent or guardian having the care, custody, or
23control of a child under 14 years of age shall notify law
24enforcement within 24 hours of the time that the parent or guardian
25knows or should have known that the child is a missing person
26and there is evidence that the child is a person at risk, as those
27terms are defined in Section 14215.

28(2) This subdivision shall not apply if law enforcement is
29otherwise aware that the child is a missing person.

30(c) A violation of this section is a misdemeanor punishable by
31imprisonment in a county jail for not more than one year, or by a
32fine not exceeding one thousand dollars ($1,000), or by both that
33fine and imprisonment.

34(d) Nothing in this section shall preclude prosecution under any
35other provision of law.

36

begin deleteSEC. 10.end delete
37begin insertSEC. 9.end insert  

Section 14200 of the Penal Code is amended to read:

38

14200.  

(a) The Attorney General shall establish and maintain
39the Violent Crime Information Center to assist in the identification
40and the apprehension of persons responsible for specific violent
P18   1crimes and for the disappearance and exploitation of persons,
2particularly children and at-risk adults.

3(b) The center shall establish and maintain programs which
4include, but are not limited to, all of the following:

5(1) Developing violent offender profiles.

6(2) Assisting local law enforcement agencies and county district
7attorneys by providing investigative information on persons
8responsible for specific violent crimes and missing person casesbegin delete,end deletebegin insert.end insert

9(3) Providing physical description information and photographs,
10if available, of missing persons to county district attorneys,
11nonprofit missing persons organizations, and schools.

12(4) Providing statistics on missing at-risk adults and on missing
13children, including, as may be applicable, family abductions,
14nonfamily abductions, voluntary missing, and lost children or lost
15at-risk adultsbegin insert.end insert

16(c) The Attorney General shall provide training on the services
17provided by the center to line personnel, supervisors, and
18investigators in the following fields: law enforcement, district
19attorneys’ offices, the Department of Corrections and
20Rehabilitation, probation departments, court mediation services,
21and the judiciary.

22

begin deleteSEC. 11.end delete
23begin insertSEC. 10.end insert  

Section 14201 of the Penal Code is amended and
24renumbered to read:

25

14204.  

(a) The Attorney General shall establish within the
26center and shall maintain an online, automated computer system
27designed to effect an immediate law enforcement response to
28reports of missing persons. The Attorney General shall design the
29computer system, using any existing system, including the
30California Law Enforcement Telecommunications System, to
31include an active file of information concerning persons reported
32to it as missing and who have not been reported as found. The
33computer system shall also include a confidential historic database.
34The Attorney General shall develop a system of cataloging missing
35person reports according to a variety of characteristics in order to
36facilitate locating particular categories of reports as needed.

37(b) The Attorney General’s active files described in subdivision
38(a) shall be made available to law enforcement agencies. The
39Attorney General shall provide to these agencies the name and
40personal description data of the missing person including, but not
P19   1limited to, the person’s date of birth, color of eyes and hair, sex,
2height, weight, and race, the time and date he or she was reported
3missing, the reporting agency, and any other data pertinent to the
4purpose of locating missing persons. However, the Attorney
5General shall not release the information if the reporting agency
6requests the Attorney General in writing not to release the
7information because it would impair a criminal investigation.

8(c) The Attorney General shall distribute a missing children and
9at-risk adults bulletin on a quarterly basis to local law enforcement
10agencies, district attorneys, and public schools. The Attorney
11General shall also make this information accessible to other parties
12involved in efforts to locate missing children and at-risk adults
13and to those other persons as the Attorney General deems
14appropriate.

15

begin deleteSEC. 12.end delete
16begin insertSEC. 11.end insert  

Section 14201.1 of the Penal Code is amended and
17renumbered to read:

18

14201.  

The Attorney General shall establish and maintain,
19upon appropriation of funds by the Legislature, the Violent Crime
20Information Network within the center to enable the Department
21of Justice crime analysts with expertise in child abuse, missing
22persons, child abductions, and sexual assaults to electronically
23share their data, analysis, and findings on violent crime cases with
24each other, and to electronically provide law enforcement agencies
25with information to assist in the identification, tracking, and
26apprehension of violent offenders. The Violent Crime Information
27Network shall integrate existing state, federal, and civilian
28databases into a single comprehensive network.

29

begin deleteSEC. 13.end delete
30begin insertSEC. 12.end insert  

Section 14201.3 of the Penal Code is amended and
31renumbered to read:

32

14209.  

The center shall make accessible to the National Missing
33and Unidentified Persons System specific information authorized
34for dissemination and as determined appropriate by the center that
35is contained in law enforcement reports regarding missing or
36unidentified persons. The information shall be accessible in a
37manner and format approved by the center and shall be used to
38assist in the search for the missing person or persons. The center
39shall not permit the transmission or sharing of information, or
40portions of information, to the National Missing and Unidentified
P20   1Persons System unless the reporting agency, as specified in Section
214211, or the reporting party, with respect to the information
3submitted to the center, submits authorization to the center to
4transmit or share that information.

5

begin deleteSEC. 14.end delete
6begin insertSEC. 13.end insert  

Section 14201.5 of the Penal Code is amended and
7renumbered to read:

8

14206.  

(a) The Attorney General shall establish within the
9Department of Justice the Missing and Exploited Children’s
10Recovery Network by July 31, 1995.

11(b) This network shall consist of an automated computerized
12system that shall have the capability to electronically transmit to
13all state and local law enforcement agencies, and all cooperating
14news media services, either by facsimile or computer modem, a
15missing child poster that includes the name, personal description
16data, and picture of the missing child. The information contained
17in this poster shall include, but not be limited to, the child’s date
18of birth, color of eyes and hair, sex, height, weight, race, the time
19and date he or she was reported missing, the reporting agency,
20including contact person at reporting agency if known, and any
21other data pertinent to the purpose of locating missing persons.

22(c) The Department of Justice shall work in cooperation with
23the National Center for Missing and Exploited Children to develop
24and implement a network that can electronically interface with the
25National Missing and Exploited Children’s Network.

26(d) The Attorney General shall implement this network within
27existing Department of Justice resources.

28

begin deleteSEC. 15.end delete
29begin insertSEC. 14.end insert  

Section 14201.6 of the Penal Code is amended and
30renumbered to read:

31

14207.  

(a) The Department of Justice shall establish and
32maintain a publicly accessible computer Internet directory of
33information relating to the following:

34(1) Persons for whom an arrest warrant has been issued pursuant
35to an alleged violation of any offense defined as a violent felony
36in subdivision (c) of Section 667.5.

37(2) At-risk missing persons.

38(3) Unsolved homicides and unidentified persons.

39(b) The Attorney General may determine the extent of
40information and the priority of cases to be included in the directory.

P21   1(c) The department shall keep confidential, and not enter into
2the directory, either of the following:

3(1) Information regarding any case for which the Attorney
4General has determined that disclosure pursuant to this section
5would endanger the safety of a person involved in an investigation
6or the successful completion of the investigation or a related
7investigation.

8(2) Information regarding an arrest warrant for which the issuing
9magistrate has determined that disclosure pursuant to this section
10would endanger the safety of a person involved in an investigation
11or the successful completion of the investigation or a related
12investigation.

13

begin deleteSEC. 16.end delete
14begin insertSEC. 15.end insert  

Section 14201.8 of the Penal Code is amended and
15renumbered to read:

16

14208.  

(a) There shall be within the Department of Justice a
17director responsible for coordinating California’s response to
18missing persons. This position is hereby established for all of the
19following purposes:

20(1) To assist law enforcement agencies, at their request, with
21the timely search and recovery of missing children.

22(2) To maintain up-to-date knowledge and expertise of those
23protocols, best practices, and technologies that are most effective
24for recovering missing children in a timely manner.

25(3) To maintain relationships with federal, state, and local law
26enforcement agencies and other entities responsible for the
27investigation of missing persons in the state.

28(4) To maintain records and make the Commission on Peace
29Officer Standards and Training Guidelines for Handling Missing
30Persons Investigations document available to law enforcement
31agencies upon request.

32(b) The director shall utilize existing resources and expertise
33within the Attorney General’s office to the maximum extent
34possible to accomplish the purposes specified in subdivision (a).

35

begin deleteSEC. 17.end delete
36begin insertSEC. 16.end insert  

Section 14202 of the Penal Code is amended and
37renumbered to read:

38

14203.  

(a) The Attorney General shall establish and maintain
39within the center an investigative support unit and an automated
40violent crime method of operation system to facilitate the
P22   1identification and apprehension of persons responsible for murder,
2kidnap, including parental abduction, false imprisonment, or sexual
3assault. This unit shall be responsible for identifying perpetrators
4of violent felonies collected from the center and analyzing and
5comparing data on missing persons in order to determine possible
6leads which could assist local law enforcement agencies. This unit
7shall only release information about active investigations by police
8and sheriffs’ departments to local law enforcement agencies.

9(b) The Attorney General shall make available to the
10investigative support unit files organized by category of offender
11or victim and shall seek information from other files as needed by
12the unit. This set of files may include, among others, the following:

13(1) Missing or unidentified, deceased persons’ dental files filed
14pursuant to this title, Section 27521 of the Government Code, or
15Section 102870 of the Health and Safety Code.

16(2) Child abuse reports filed pursuant to Section 11169.

17(3) Sex offender registration files maintained pursuant to Section
18290.

19(4) State summary criminal history information maintained
20pursuant to Section 11105.

21(5) Information obtained pursuant to the parent locator service
22maintained pursuant to Section 11478.1 of the Welfare and
23Institutions Code.

24(6) Information furnished to the Department of Justice pursuant
25to Section 11107.

26(7) Other Attorney General’s office files as requested by the
27investigative support unit.

28(c) The investigative support unit shall make available, within
29two hours of a reported stranger abduction of a child, a list of
30persons required to register as sex offenders based upon the modus
31operandi, if available, or the specified geographical location from
32which the child was abducted.

33

begin deleteSEC. 18.end delete
34begin insertSEC. 17.end insert  

Section 14202.1 of the Penal Code is amended and
35renumbered to read:

36

14202.  

The Attorney General shall establish and maintain,
37upon appropriation of funds by the Legislature, within the center
38the Violent Crime Information System to track and monitor violent
39offenders and their activities. The Violent Crime Information
40System shall use computer technology to compare unsolved crime
P23   1begin delete sceneend deletebegin insert scenesend insert and methods of operation information against the file
2of known violent sexual assault, kidnapping, and homicide
3offenders. The system shall provide local law enforcement agencies
4with investigative leads to assist in the resolution of violent crimes.

5

begin deleteSEC. 19.end delete
6begin insertSEC. 18.end insert  

Section 14202.2 of the Penal Code is amended and
7renumbered to read:

8

14216.  

(a) The Department of Justice, in conjunction with the
9Department of Corrections and Rehabilitation, shall update any
10supervised release file that is available to law enforcement on the
11California Law Enforcement Telecommunications System every
1210 days to reflect the most recent inmates paroled from facilities
13under the jurisdiction of the Department of Corrections and
14Rehabilitation.

15(b) Commencing on July 1, 2001, the Department of Justice, in
16consultation with the State Department of Mental Health, or its
17successor, the State Department of State Hospitals, shall also
18update any supervised release file that is available to law
19enforcement on the California Law Enforcement
20Telecommunications System every 10 days to reflect patients
21undergoing community mental health treatment and supervision
22through the Forensic Conditional Release Program administered
23by the State Department of Mental Health, or its successor, the
24State Department of State Hospitals, other than individuals
25committed as incompetent to stand trial pursuant to Chapter 6
26(commencing with Section 1367) of Title 10 of Part 2.

27

begin deleteSEC. 20.end delete
28begin insertSEC. 19.end insert  

Section 14203 of the Penal Code is amended and
29renumbered to read:

30

14205.  

(a) The online missing persons registry shall accept
31and generate complete information on a missing person.

32(b) The information on a missing person shall be retrievable by
33any of the following:

34(1) The person’s name.

35(2) The person’s date of birth.

36(3) The person’s social security number.

37(4) Whether a dental chart has been received, coded, and entered
38into the National Crime Information Center Missing Person System
39by the Attorney General.

P24   1(5) The person’s physical description, including hair and eye
2color and body marks.

3(6) The person’s known associates.

4(7) The person’s last known location.

5(8) The name or assumed name of the abductor, if applicable,
6other pertinent information relating to the abductor or the assumed
7abductor, or both.

8(9) Any other information, as deemed appropriate by the
9Attorney General.

10(c) The Attorney General, in consultation with local law
11enforcement agencies and other user groups, shall develop the
12form in which information shall be entered into the system.

13(d) The Attorney General shall establish and maintain within
14the center a separate, confidential historic database relating to
15missing children and at-risk adults. The historic database may be
16used only by the center for statistical and research purposes. The
17historic database shall be set up to categorize cases relating to
18missing children and at-risk adults by type. These types shall
19include the following:

20(1) Runaways.

21(2) Voluntary missing.

22(3) Lost.

23(4) Abduction involving movement of the victim in the
24commission of the crime or sexual exploitation.

25(5) Nonfamily abduction.

26(6) Family abductionbegin insert.end insert

27(7) Any other categories as determined by the Attorney General.

28(e) In addition, the data shall include the number of missing
29children and missing at-risk adults in this state and the category
30of each case.

31(f) The center may supply information about specific cases from
32the historic database to a local police department, sheriff’s
33department, or district attorney, only in connection with an
34investigation by the police department, sheriff’s department, or
35district attorney of a missing person case or a violation or attempted
36violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any
37sex offense listed in Section 290, except for the offense specified
38in subdivision (d) of Section 243.4.

39

begin deleteSEC. 21.end delete
40begin insertSEC. 20.end insert  

Section 14204 of the Penal Code is repealed.

P25   1

begin deleteSEC. 22.end delete
2begin insertSEC. 21.end insert  

Section 14205 of the Penal Code is amended and
3renumbered to read:

4

14211.  

(a) All local police and sheriffs’ departments shall
5accept any report, by any party, including any telephonic report,
6of a missing person, including runaways, without delay and shall
7give priority to the handling of these reports over the handling of
8reports relating to crimes involving property.

9(b) In cases where the person making a report of a missing
10person or runaway, contacts, including by telephone, the
11Department of the California Highway Patrol, the Department of
12the California Highway Patrol may take the report, and shall
13immediately advise the person making the report of the name and
14telephone number of the police or sheriff’s department having
15jurisdiction of the residence address of the missing person and of
16the name and telephone number of the police or sheriff’s
17department having jurisdiction of the place where the person was
18last seen.

19(c) In cases of reports involving missing persons, including, but
20not limited to, runaways, the local police or sheriff’s department
21shall immediately take the report and make an assessment of
22reasonable steps to be taken to locate the person by using the report
23forms, checklists, and guidelines required under Section 13519.07.

24(d) If the missing person is under 21 years of age, or there is
25evidence that the person is at risk, the police department or sheriff’s
26department shall broadcast a “Be On thebegin delete Look-Out”end deletebegin insert Lookout” end insert
27 bulletin, without delay, within its jurisdiction.

28(e) If the person reported missing is under 21 years of age, or
29if there is evidence that the person is at risk, the law enforcement
30agency receiving the report shall, within two hours after the receipt
31of the report, electronically transmit the report to the Department
32of Justice via the California Law Enforcement Telecommunications
33System for inclusion in the Violent Crime Information Center and
34the National Crime Information Center databases.

35(f) Information not immediately available for electronic
36transmission to the department shall be obtained by the
37investigating agency and provided as a supplement to the original
38entry as soon as possible, but in no event later than 60 days after
39the original electronic entry. Supplemental information may
40include, but is not limited to, the following:

P26   1(1) Dental records and treatment notes.

2(2) Fingerprints.

3(3) Photographs.

4(4) Description of physical characteristics.

5(5) Description of clothing the person was wearing when last
6seen.

7(6) Vehicle information.

8(7) Other information describing any person or vehicle believed
9to be involved in taking, abducting, or retaining the missing person.

10(g) In cases where the report is taken by a department, other
11than that of the city or county of residence of the missing person
12or runaway, the department, or division of the Department of the
13California Highway Patrol taking the report shall, without delay,
14and, in the case of persons under 21 years of age or where there
15was evidence that the missing person was at risk, within no more
16than 24 hours, notify, and forward a copy of the report to the police
17or sheriff’s department or departments having jurisdiction of the
18residence address of the missing person or runaway and of the
19place where the person was last seen. The report shall also be
20submitted by the department or division of the Department of the
21California Highway Patrol which took the report to the center. The
22initial California Law Enforcement Telecommunications System
23record may only be removed after the receiving agency has
24accepted the report.

25(h) The requirements imposed by this section on local police
26and sheriffs’ departments shall not be operative if the governing
27body of that local agency, by a majority vote of the members of
28that body, adopts a resolution expressly making those requirements
29inoperative.

30

begin deleteSEC. 23.end delete
31begin insertSEC. 22.end insert  

Section 14206 of the Penal Code is amended and
32renumbered to read:

33

14212.  

(a) When any person makes a report of a missing
34person to a police department, sheriff’s department, district
35attorney’s office, Department of the California Highway Patrol,
36or other law enforcement agency, the agency shall use the Attorney
37General’s form as required under Section 13519.07. That form
38shall include a statement authorizing the release of the dental or
39skeletal X-rays, or both, and treatment notes, of the person reported
P27   1missing and authorizing the release of a recent photograph of a
2person reported missing who is under 18 years of age.

3(b) Included with the form shall be instructions which state that
4if the person reported missing is still missing 30 days after the
5report is made, the release form signed by a member of the family
6or next of kin of the missing person shall be taken by the family
7member or next of kin to the dentist, physician and surgeon, or
8medical facility in order to obtain the release of the dental or
9skeletal X-rays, or both, and treatment notes, of that person or may
10be taken by a peace officer, if others fail to take action, to secure
11those X-rays and treatment notes.

12(c) Notwithstanding any other provision of law, dental or skeletal
13X-rays, or both, and treatment notes, shall be released by the
14dentist, physician and surgeon, or medical facility to the person
15presenting the request and shall be submitted within 10 days by
16that person to the police or sheriff’s department or other law
17enforcement agency having jurisdiction over the investigation.

18(d) When the person reported missing has been determined by
19the agency to be an at-risk person, has not been found within 30
20days, the law enforcement agency may execute a written
21declaration, stating that an active investigation seeking the location
22of the missing person is being conducted, and that the dental or
23skeletal X-rays, or both, and treatment notes, are necessary for the
24exclusive purpose of furthering the investigation.

25(e) Notwithstanding any other provision of law, the written
26declaration, signed by a peace officer, is sufficient authority for
27the dentist, physician and surgeon, or medical facility to
28immediately release the missing person’s dental or skeletal X-rays,
29or both.

30(f)  The Attorney General’s office shall code and enter the dental
31or skeletal X-rays, or both, into the center’s database, which shall
32serve as the statewide database for those X-rays, and shall forward
33the information to the National Crime Information Center.

34(g) When a person reported missing has not been found within
3530 days, the sheriff, chief of police, or other law enforcement
36agency conducting the investigation for the missing person may
37confer with the coroner or medical examiner prior to the
38preparation of a missing person report. The coroner or medical
39examiner shall cooperate with the law enforcement agency. After
40conferring with the coroner or medical examiner, the sheriff, chief
P28   1of police, or other law enforcement agency initiating and
2conducting the investigation for the missing person may submit a
3missing person report and the dental or skeletal X-rays, or both,
4and photograph received pursuant to subdivision (a) to the Attorney
5General’s office in a format acceptable to the Attorney General.

6(h) Nothing in this section prohibits a parent or guardian of a
7child, reported to a law enforcement agency as missing, from
8voluntarily submitting fingerprints, and other documents, to the
9law enforcement agency accepting the report for inclusion in the
10report which is submitted to the Attorney General.

11(i) The requirements imposed by this section on local police
12and sheriff’s departments shall not be operative if the governing
13body of that local agency, by a majority vote of the members of
14that body, adopts a resolution expressly making those requirements
15inoperative.

16

begin deleteSEC. 24.end delete
17begin insertSEC. 23.end insert  

Section 14207 of the Penal Code is amended and
18renumbered to read:

19

14213.  

(a) When a person reported missing has been found,
20the sheriff, chief of police, coroner or medical examiner, or the
21law enforcement agency locating the missing person shall
22immediately report that information to the Attorney General’s
23office. The Attorney General’s office shall then notify the National
24Crime Information Center that the missing person has been found.

25(b) When a missing person is found, the report indicating that
26the person is found shall be made not later than 24 hours after the
27person is found to the law enforcement agency that made the initial
28missing person report.

29(c) In the event that a missing person is found alive or dead in
30less than 24 hours and the local police or sheriff’s department has
31reason to believe that the person had been abducted, the department
32shall submit a report to the center in a format established by the
33Attorney General. In the event that a missing person has been
34found before he or she has been reported missing to the center, the
35information related to the incident shall be submitted to the center.

36(d) A law enforcement agency shall not establish or maintain
37any policy that requires the removal of a missing person entry from
38the center database or the National Crime Information Center
39database.

P29   1

begin deleteSEC. 25.end delete
2begin insertSEC. 24.end insert  

Section 14208 of the Penal Code is amended and
3renumbered to read:

4

14210.  

(a) The Department of Justice shall operate a statewide,
5toll-free telephone hotline 24 hours per day, seven days per week
6to receive information regarding missing children and at-risk adults
7and relay this information to the appropriate law enforcement
8authorities.

9(b) The Department of Justice shall select up to six children per
10month from the missing persons publicly maintained computer
11Internet directory maintained pursuant to Section 14207 and shall
12produce posters with photographs and information regarding these
13children, including the missing children hotline telephone number
14and reward information. The department shall make these posters
15available to parties as prescribed and as the department deems
16appropriate.

17(c) The Department of Justice shall provide appropriate local
18reporting agencies with a list of persons still listed as missing who
19are under 21 years of age, and with an appropriate waiver form in
20order to assist the reporting agency in obtaining a photograph of
21each of the missing children.

22(d) Local reporting agencies shall attempt to obtain the most
23recent photograph available for persons still listed as missing and
24forward those photographs to the Department of Justice.

25(e) The department shall include these photographs, as they
26become available, in the quarterly bulletins pursuant to subdivision
27(c) of Section 14204.

28(f) State and local elected officials, agencies, departments,
29boards, and commissions may enclose in their mailings information
30 regarding missing children or at-risk adults obtainable from the
31Department of Justice or any organization that is recognized as a
32nonprofit, tax-exempt organization under state or federal law and
33that has an ongoing missing children program. Elected officials,
34agency secretaries, and directors of departments, boards, and
35commissions are urged to develop policies to enclose missing
36children or at-risk adults information in mailings if it will not
37increase postage costs and is otherwise deemed appropriate.

38

begin deleteSEC. 26.end delete
39begin insertSEC. 25.end insert  

Section 14209 of the Penal Code is repealed.

P30   1

begin deleteSEC. 27.end delete
2begin insertSEC. 26.end insert  

Section 14210 of the Penal Code is amended and
3renumbered to read:

4

14214.  

(a) The Legislature finds and declares that it is the duty
5of all law enforcement agencies to immediately assist any person
6who is attempting to make a report of a missing person or runaway.

7(b) The Department of the California Highway Patrol shall
8continue to implement the written policy, required to be developed
9and adopted pursuant to former Section 11114.3, for the
10coordination of each of its divisions with the police and sheriffs’
11departments located within each division in taking, transmitting,
12and investigating reports of missing persons, including runaways.

13

begin deleteSEC. 28.end delete
14begin insertSEC. 27.end insert  

Section 14213 of the Penal Code is amended and
15renumbered to read:

16

14215.  

(a) As used in this title, “missing person” includes, but
17is not limited to, a child who has been taken, detained, concealed,
18enticed away, or retained by a parent in violation of Chapter 4
19(commencing with Section 277) of Title 9 of Part 1. It also includes
20any child who is missing voluntarily or involuntarily, or under
21circumstances not conforming to his or her ordinary habits or
22behavior and who may be in need of assistance.

23(b) As used in this title, “at-risk” means there is evidence of, or
24there are indications of, any of the following:

25(1) The person missing is the victim of a crime or foul play.

26(2) The person missing is in need of medical attention.

27(3) The person missing has no pattern of running away or
28disappearing.

29(4) The person missing may be the victim of parental abduction.

30(5) The person missing is mentally impaired.

31(c) As used in this title, “child” is any person under begin deletethe age ofend delete
32 18begin insert years of ageend insert.

33(d) As used in this title, “center” means the Violent Crime
34Information Center.

35(e) As used in this title, “dental or medical records or X-raysbegin delete,end delete
36include all those records or X-rays which are in the possession of
37a dentist, physician and surgeon, or medical facility.

38(f) As used in this title, “unidentified person” means a person,
39living or deceased, whose identity the local investigative agency
40is unable to determine.

P31   1

begin deleteSEC. 29.end delete
2begin insertSEC. 28.end insert  

If the Commission on State Mandates determines that
3this act contains costs mandated by the state, reimbursement to
4local agencies and school districts for those costs shall be made
5pursuant to Part 7 (commencing with Section 17500) of Division
64 of Title 2 of the Government Code.



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