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 that performs 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 apply these provisions to a medical examiner or other agency that performs a postmortem examination or autopsy 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
begin delete homicide report,end delete 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 the Lookout” 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 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 Telecommunications 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:
Section 38139 of the Education Code is amended
(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.
Section 49068.5 of the Education Code is amended to
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
P5 1transfers is urged to check to see if the child resembles a child
2listed as missing by the bulletins provided by the Department of
3Justice pursuant to Section 14204 of the Penal Code.
Section 17506 of the Family Code is amended to read:
(a) There is in the department a California Parent
6Locator Service and Central Registry that shall collect and
7disseminate all of the following, with respect to any parent, putative
8parent, spouse, or former spouse:
9(1) The full and true name of the parent together with any known
11(2) Date and place of birth.
12(3) Physical description.
13(4) Social security number.
14(5) Employment history and earnings.
15(6) Military status and Veterans Administration or military
16service serial number.
17(7) Last known address, telephone number, and date thereof.
18(8) Driver’s license number, driving record, and vehicle
20(9) Criminal, licensing, and applicant records and information.
21(10) (A) Any additional location, asset, and income information,
22including income tax return information obtained pursuant to
23Section 19548 of the Revenue and Taxation Code, and to the extent
24permitted by federal law, the address, telephone number, and social
25security number obtained from a public utility, cable television
26corporation, a provider of electronic digital pager communication,
27or a provider of mobile telephony services that may be of assistance
28in locating the parent, putative parent, abducting, concealing, or
29detaining parent, spouse, or former spouse, in establishing a parent
30and child relationship, in enforcing the child support liability of
31the absent parent, or enforcing the spousal support liability of the
32spouse or former spouse to the extent required by the state plan
33pursuant to Section 17604.
34(B) For purposes of this subdivision, “income tax return
35information” means all of the following regarding the taxpayer:
P6 1(vi) Liabilities.
2(vii) Nature, source, and amount of income.
3(viii) Net worth.
7(xii) Social security number.
8(b) Pursuant to a letter of agreement entered into between the
9Department of Child Support Services and the Department of
10Justice, the Department of Child Support Services shall assume
11responsibility for the California Parent Locator Service and Central
12Registry. The letter of agreement shall, at a minimum, set forth all
13of the following:
14(1) Contingent upon funding in the Budget Act, the Department
15of Child Support Services shall assume responsibility for leadership
16and staff of the California Parent Locator Service and Central
17Registry commencing July 1, 2003.
18(2) All employees and other personnel who staff or provide
19support for the California Parent Locator Service and Central
20Registry shall, at the time of the transition, at their option, become
21the employees of the Department of Child Support Services at
22their existing or equivalent classification, salaries, and benefits.
23(3) Until the department’s automation system for the California
24Parent Locator Service and Central Registry functions is fully
25operational, the department shall use the automation system
26operated by the Department of Justice.
27(4) Any other provisions necessary to ensure continuity of
28function and meet or exceed existing levels of service.
29(c) To effectuate the purposes of this section, the California
30Child Support Automation System, the California Parent Locator
31Service and Central Registry, and the Franchise Tax Board shall
32utilize the federal Parent Locator Service to the extent necessary,
33and may request and shall receive from all departments, boards,
34bureaus, or other agencies of the state, or any of its political
35subdivisions, and those entities shall provide, that assistance and
36data that will enable the Department of Child Support Services
37and other public agencies to carry out their powers and duties to
38locate parents, spouses, and former spouses, and to identify their
39assets, to establish parent-child relationships, and to enforce
40liability for child or spousal support, and for any other obligations
P7 1incurred on behalf of children, and shall also provide that
2information to any local child support agency in fulfilling the duties
3 prescribed in Section 270 of the Penal Code, and in Chapter 8
4(commencing with Section 3130) of Part 2 of Division 8 of this
5code, relating to abducted, concealed, or detained children and to
6any county child welfare agency or county probation department
7in fulfilling the duties prescribed in Article 5.5 (commencing with
8Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare
9and Institutions Code, and prescribed in Article 6 (commencing
10with Section 300) of Chapter 2 of Part 1 of Division 2 of the
11Welfare and Institutions Code to identify, locate, and notify parents
12of children who are the subject of juvenile court proceedings, to
13establish parent and child relationships pursuant to Section 316.2
14of the Welfare and Institutions Code, and to assess the
15appropriateness of placement of a child with a noncustodial parent
16pursuant to Section 361.2 of the Welfare and Institutions Code.
17County child welfare agencies and probation departments shall be
18entitled to that information regardless of whether an all-county
19letter or similar instruction is issued pursuant to subparagraph (C)
20of paragraph (8) of subdivision (c) of Section 11478.1 of the
21Welfare and Institutions Code. The California Child Support
22Automation System shall be entitled to the same cooperation and
23information as the California Parent Locator Service and Central
24Registry to the extent allowed by law. The California Child Support
25Automation System shall be allowed access to criminal record
26information only to the extent that access is allowed by state and
28(d) (1) To effectuate the purposes of this section, and
29notwithstanding any other law, regulation, or tariff, and to the
30extent permitted by federal law, the California Parent Locator
31Service and Central Registry and the California Child Support
32Automation System may request and shall receive from public
33utilities, as defined in Section 216 of the Public Utilities Code,
34customer service information, including the full name, address,
35telephone number, date of birth, employer name and address, and
36social security number of customers of the public utility, to the
37extent that this information is stored within the computer database
38of the public utility.
39(2) To effectuate the purposes of this section, and
40notwithstanding any other law, regulation, or tariff, and to the
P8 1extent permitted by federal law, the California Parent Locator
2Service and Central Registry and the California Child Support
3Automation System may request and shall receive from cable
4television corporations, as defined in Section 216.4 of the Public
5Utilities Code, the providers of electronic digital pager
6communication, as defined in Section 629.51 of the Penal Code,
7and the providers of mobile telephony services, as defined in
8Section 224.4 of the Public Utilities Code, customer service
9information, including the full name, address, telephone number,
10date of birth, employer name and address, and social security
11number of customers of the cable television corporation, customers
12of the providers of electronic digital pager communication, and
13customers of the providers of mobile telephony services.
14(3) In order to protect the privacy of utility, cable television,
15electronic digital pager communication, and mobile telephony
16service customers, a request to a public utility, cable television
17corporation, provider of electronic digital pager communication,
18or provider of mobile telephony services for customer service
19information pursuant to this section shall meet the following
21(A) Be submitted to the public utility, cable television
22corporation, provider of electronic digital pager communication,
23or provider of mobile telephony services in writing, on a transmittal
24document prepared by the California Parent Locator Service and
25 Central Registry or the California Child Support Automation
26System and approved by all of the public utilities, cable television
27corporations, providers of electronic digital pager communication,
28and providers of mobile telephony services. The transmittal shall
29be deemed to be an administrative subpoena for customer service
31(B) Have the signature of a representative authorized by the
32California Parent Locator Service and Central Registry or the
33California Child Support Automation System.
34(C) Contain at least three of the following data elements
35regarding the person sought:
36(i) First and last name, and middle initial, if known.
37(ii) Social security number.
38(iii) Driver’s license number.
39(iv) Birth date.
40(v) Last known address.
P9 1(vi) Spouse’s name.
2(D) The California Parent Locator Service and Central Registry
3and the California Child Support Automation System shall ensure
4that each public utility, cable television corporation, provider of
5electronic digital pager communication services, and provider of
6mobile telephony services has at all times a current list of the names
7of persons authorized to request customer service information.
8(E) The California
Child Support Automation System and the
9California Parent Locator Service and Central Registry shall ensure
10that customer service information supplied by a public utility, cable
11television corporation, provider of electronic digital pager
12communication, or provider of mobile telephony services is
13applicable to the person who is being sought before releasing the
14information pursuant to subdivision (d).
15(4) During the development of the California Child Support
16Automation System, the department shall determine the necessity
17of additional locate sources, including those specified in this
18section, based upon the cost-effectiveness of those sources.
19(5) The public utility, cable television corporation, electronic
20digital pager communication provider, or mobile telephony service
21provider may charge a fee to the California Parent Locator Service
22and Central Registry or the California Child Support Automation
23System for each search performed pursuant to this subdivision to
24cover the actual costs to the public utility, cable television
25corporation, electronic digital pager communication provider, or
26mobile telephony service provider for providing this information.
27(6) No public utility, cable television corporation, electronic
28digital pager communication provider, or mobile telephony service
29provider or official or employee thereof, shall be subject to criminal
30or civil liability for the release of customer service information as
31authorized by this subdivision.
32(e) Notwithstanding Section 14203 of the Penal Code, any
33records established pursuant to this section shall be disseminated
34only to the Department of Child Support Services, the California
35Child Support Automation System, the California Parent Locator
36Service and Central Registry, the parent locator services and central
37registries of other states as defined by federal statutes and
38regulations, a local child support agency of any county in this state,
39and the federal Parent Locator Service. The California Child
40Support Automation System shall be allowed access to criminal
P10 1offender record information only to the extent that access is allowed
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.
Section 6276.30 of the Government Code is amended
Managed care health plans, confidentiality of
2proprietary information, Section 14091.3 of the Welfare and
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
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
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.
orders, confidentiality of processors’ or distributors’
27information, Section 59202 of the Food and Agricultural Code.
28Marriage, confidential, certificate, Section 511 of the Family
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
35Medi-Cal Fraud Bureau, confidentiality of complaints, Section
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
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
19Mentally abnormal sex offender committed to state hospital,
20confidentiality of records, Section 4135 of the Welfare and
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
27Mentally disordered or mentally ill person, confidentiality of
28written consent to detainment, Section 5326.4 of the Welfare and
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
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, inclusive, 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.
Section 13974.1 of the Government Code is amended
(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
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.
Section 27521 of the Government Code is amended
(a) A postmortem examination or autopsy conducted
16at the discretion of a coroner, medical examiner, or other agency
17upon an unidentified body or human remains is subject to this
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 and palm 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
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 agency performing
39a postmortem examination or autopsy shall prepare a final report
40of investigation in a format established by the Department of
P15 1Justice. The final report shall list or describe the information
2collected pursuant to the postmortem examination or autopsy
3conducted 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 agency performing a
8postmortem examination or autopsy has determined that the body
9of the unidentified deceased person has suffered significant
10deterioration or decomposition, the jaws shall not be removed until
11immediately before the body is cremated or buried. The coroner,
12medical examiner, or other agency responsible for a postmortem
13examination or autopsy shall retain the jaws and other tissue
14samples for one year after a positive identification is made, and
15no civil or criminal challenges are pending, or indefinitely.
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 Department
22of Justice on forms supplied by the Department of Justice within
2345 days of the date the body or human remains were discovered.
24(g) If the coroner, medical examiner, or other agency performing
25a postmortem examination or autopsy with the aid of the dental
26examination and other identifying findings is unable to establish
27the identity of the body or human remains, the coroner, medical
28examiner, or other agency shall submit the final report of
29investigation to the Department of Justice within 180 days of the
30 date the body or human remains were discovered. The final report
31of investigation shall list or describe the information collected
32pursuant to the postmortem examination or autopsy conducted
33under subdivision (b), and any
begin delete homicide report,end delete anthropology
34report, fingerprints, photographs, and autopsy report.
Section 168 of the Penal Code is amended to read:
(a) Every district attorney, clerk, judge, or peace officer
37who, except by issuing or in executing a search warrant or warrant
38of arrest for a felony, willfully discloses the fact of the warrant
39prior to execution for the purpose of preventing the search or
40seizure of property or the arrest of any person shall be punished
P16 1by imprisonment in a county jail not exceeding one year or
2pursuant to subdivision (h) of Section 1170.
3(b) This section shall not prohibit the following:
4(1) A disclosure made by a district attorney or the Attorney
5General for the sole purpose of securing voluntary compliance
6with the warrant.
7(2) Upon the return of an indictment and the issuance of an
8arrest warrant, a disclosure of the existence of the indictment and
9arrest warrant by a district attorney or the Attorney General to
10assist in the apprehension of a defendant.
11(3) The disclosure of an arrest warrant pursuant to paragraph
12(1) of subdivision (a) of Section 14207.
Section 273j of the Penal Code is amended to read:
(a) (1) Any parent or guardian having the care, custody,
15or control of a child under 14 years of age who knows or should
16have known that the child has died shall notify a public safety
17agency, as defined in Section 53102 of the Government Code,
18within 24 hours of the time that the parent or guardian knew or
19should have known that the child has died.
20(2) This subdivision shall not apply when a child is otherwise
21under the immediate care of a physician at the time of death, or if
22a public safety agency, a coroner, or a medical examiner is
23otherwise aware of the death.
24(b) (1) Any
parent or guardian having the care, custody, or
25control of a child under 14 years of age shall notify law
26enforcement within 24 hours of the time that the parent or guardian
27knows or should have known that the child is a missing person
28and there is evidence that the child is a person at risk, as those
29terms are defined in Section 14215.
30(2) This subdivision shall not apply if law enforcement is
31otherwise aware that the child is a missing person.
32(c) A violation of this section is a misdemeanor punishable by
33imprisonment in a county jail for not more than one year, or by a
34fine not exceeding one thousand dollars ($1,000), or by both that
35fine and imprisonment.
36(d) Nothing in this section shall preclude prosecution under any
37 other provision of law.
Section 14200 of the Penal Code is amended to read:
(a) The Attorney General shall establish and maintain
40the Violent Crime Information Center to assist in the identification
P17 1and the apprehension of persons responsible for specific violent
2crimes and for the disappearance and exploitation of persons,
3particularly children and at-risk adults.
4(b) The center shall establish and maintain programs which
5include, but are not limited to, all of the following:
6(1) Developing violent offender profiles.
7(2) Assisting local law enforcement agencies and county district
8attorneys by providing investigative information on persons
9responsible for specific violent crimes and missing person cases.
10(3) Providing physical description information and photographs,
11if available, of missing persons to county district attorneys,
12nonprofit missing persons organizations, and schools.
13(4) Providing statistics on missing at-risk adults and on missing
14children, including, as may be applicable, family abductions,
15nonfamily abductions, voluntary missing, and lost children or lost
17(c) The Attorney General shall provide training on the services
18provided by the center to line personnel, supervisors, and
19investigators in the following fields: law enforcement, district
20attorneys’ offices, the Department of Corrections and
21Rehabilitation, probation departments, court mediation services,
22and the judiciary.
Section 14201 of the Penal Code is amended and
24renumbered to read:
(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
P18 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
Section 14201.1 of the Penal Code is amended and
16renumbered to read:
The Attorney General shall establish and maintain,
18upon appropriation of funds by the Legislature, the Violent Crime
19Information Network within the center to enable the Department
20of Justice crime analysts with expertise in child abuse, missing
21persons, child abductions, and sexual assaults to electronically
22share their data, analysis, and findings on violent crime cases with
23each other, and to electronically provide law enforcement agencies
24with information to assist in the identification, tracking, and
25apprehension of violent offenders. The Violent Crime Information
26Network shall integrate existing state, federal, and civilian
27databases into a single comprehensive network.
Section 14201.3 of the Penal Code is amended and
29renumbered to read:
The center shall make accessible to the National Missing
31and Unidentified Persons System specific information authorized
32for dissemination and as determined appropriate by the center that
33is contained in law enforcement reports regarding missing or
34unidentified persons. The information shall be accessible in a
35manner and format approved by the center and shall be used to
36assist in the search for the missing person or persons. The center
37shall not permit the transmission or sharing of information, or
38portions of information, to the National Missing and Unidentified
39Persons System unless the reporting agency, as specified in Section
4014211, or the reporting party, with respect to the information
P19 1submitted to the center, submits authorization to the center to
2transmit or share that information.
Section 14201.5 of the Penal Code is amended and
4renumbered to read:
(a) The Attorney General shall establish within the
6Department of Justice the Missing and Exploited Children’s
7Recovery Network by July 31, 1995.
8(b) This network shall consist of an automated computerized
9system that shall have the capability to electronically transmit to
10all state and local law enforcement agencies, and all cooperating
11news media services, either by facsimile or computer modem, a
12missing child poster that includes the name, personal description
13data, and picture of the missing child. The information contained
14in this poster shall include, but not be limited to, the child’s date
15of birth, color of eyes and hair, sex, height, weight, race, the time
16and date he or she was reported missing, the reporting agency,
17including contact person at reporting agency if known, and any
18other data pertinent to the purpose of locating missing persons.
19(c) The Department of Justice shall work in cooperation with
20the National Center for Missing and Exploited Children to develop
21and implement a network that can electronically interface with the
22National Missing and Exploited Children’s Network.
23(d) The Attorney General shall implement this network within
24existing Department of Justice resources.
Section 14201.6 of the Penal Code is amended and
26renumbered to read:
(a) The Department of Justice shall establish and
28maintain a publicly accessible computer Internet directory of
29information relating to the following:
30(1) Persons for whom an arrest warrant has been issued pursuant
31to an alleged violation of any offense defined as a violent felony
32in subdivision (c) of Section 667.5.
33(2) At-risk missing persons.
34(3) Unsolved homicides and unidentified persons.
35(b) The Attorney General may determine the extent of
36information and the priority of cases to be included in the directory.
37(c) The department shall keep confidential, and not enter into
38the directory, either of the following:
39(1) Information regarding any case for which the Attorney
40General has determined that disclosure pursuant to this section
P20 1would endanger the safety of a person involved in an investigation
2or the successful completion of the investigation or a related
4(2) Information regarding an arrest warrant for which the issuing
5magistrate has determined that disclosure pursuant to this section
6would endanger the safety of a person involved in an investigation
7or the successful completion of the investigation or a related
Section 14201.8 of the Penal Code is amended and
10renumbered to read:
(a) There shall be within the Department of Justice a
12director responsible for coordinating California’s response to
13missing persons. This position is hereby established for all of the
15(1) To assist law enforcement agencies, at their request, with
16the timely search and recovery of missing children.
17(2) To maintain up-to-date knowledge and expertise of those
18protocols, best practices, and technologies that are most effective
19for recovering missing children in a timely manner.
20(3) To maintain relationships with federal, state, and local law
21enforcement agencies and other entities responsible for the
22investigation of missing persons in the state.
23(4) To maintain records and make the Commission on Peace
24Officer Standards and Training Guidelines for Handling Missing
25Persons Investigations document available to law enforcement
26agencies upon request.
27(b) The director shall utilize existing resources and expertise
28within the Attorney General’s office to the maximum extent
29possible to accomplish the purposes specified in subdivision (a).
Section 14202 of the Penal Code is amended and
31renumbered to read:
(a) The Attorney General shall establish and maintain
33within the center an investigative support unit and an automated
34violent crime method of operation system to facilitate the
35identification and apprehension of persons responsible for murder,
36kidnap, including parental abduction, false imprisonment, or sexual
37assault. This unit shall be responsible for identifying perpetrators
38of violent felonies collected from the center and analyzing and
39comparing data on missing persons in order to determine possible
40leads which could assist local law enforcement agencies. This unit
P21 1shall only release information about active investigations by police
2and sheriffs’ departments to local law enforcement agencies.
3(b) The Attorney General shall make available to the
4investigative support unit files organized by category of offender
5or victim and shall seek information from other files as needed by
6the unit. This set of files may include, among others, the following:
7(1) Missing or unidentified, deceased persons’ dental files filed
8pursuant to this title, Section 27521 of the Government Code, or
9Section 102870 of the Health and Safety Code.
10(2) Child abuse reports filed pursuant to Section 11169.
11(3) Sex offender registration files maintained pursuant to Section
13(4) State summary criminal history information maintained
14pursuant to Section 11105.
15(5) Information obtained pursuant to the parent locator service
16maintained pursuant to Section 11478.1 of the Welfare and
18(6) Information furnished to the Department of Justice pursuant
19to Section 11107.
20(7) Other Attorney General’s office files as requested by the
21investigative support unit.
22(c) The investigative support unit shall make available, within
23two hours of a reported stranger abduction of a child, a list of
24persons required to register as sex offenders based upon the modus
25operandi, if available, or the specified geographical location from
26which the child was abducted.
Section 14202.1 of the Penal Code is amended and
28renumbered to read:
The Attorney General shall establish and maintain,
30upon appropriation of funds by the Legislature, within the center
31the Violent Crime Information System to track and monitor violent
32offenders and their activities. The Violent Crime Information
33System shall use computer technology to compare unsolved crime
34scenes and methods of operation information against the file of
35known violent sexual assault, kidnapping, and homicide offenders.
36The system shall provide local law enforcement agencies with
37investigative leads to assist in the resolution of violent crimes.
Section 14202.2 of the Penal Code is amended and
39renumbered to read:
(a) The Department of Justice, in conjunction with the
2Department of Corrections and Rehabilitation, shall update any
3supervised release file that is available to law enforcement on the
4California Law Enforcement Telecommunications System every
510 days to reflect the most recent inmates paroled from facilities
6under the jurisdiction of the Department of Corrections and
8(b) Commencing on July 1, 2001, the Department of Justice, in
9consultation with the State Department of Mental Health, or its
10successor, the State Department of State Hospitals, shall also
11update any supervised release file that is available to law
12enforcement on the California Law Enforcement
13Telecommunications System every 10 days to reflect patients
14undergoing community mental health treatment and supervision
15through the Forensic Conditional Release Program administered
16by the State Department of Mental Health, or its successor, the
17State Department of State Hospitals, other than individuals
18committed as incompetent to stand trial pursuant to Chapter 6
19(commencing with Section 1367) of Title 10 of Part 2.
Section 14203 of the Penal Code is amended and
21renumbered to read:
(a) The online missing persons registry shall accept
23and generate complete information on a missing person.
24(b) The information on a missing person shall be retrievable by
25any of the following:
26(1) The person’s name.
27(2) The person’s date of birth.
28(3) The person’s social security number.
29(4) Whether a dental chart has been received, coded, and entered
30into the National Crime Information Center Missing Person System
31by the Attorney General.
32(5) The person’s physical description, including hair and eye
33color and body marks.
34(6) The person’s known associates.
35(7) The person’s last known location.
36(8) The name or assumed name of the abductor, if applicable,
37other pertinent information relating to the abductor or the assumed
38abductor, or both.
39(9) Any other information, as deemed appropriate by the
P23 1(c) The Attorney General, in consultation with local law
2enforcement agencies and other user groups, shall develop the
3form in which information shall be entered into the system.
4(d) The Attorney General shall establish and maintain within
5the center a separate, confidential historic database relating to
6missing children and at-risk adults. The historic database may be
7used only by the center for statistical and research purposes. The
8historic database shall be set up to categorize cases relating to
9missing children and at-risk adults by type. These types shall
10include the following:
12(2) Voluntary missing.
14(4) Abduction involving movement of the victim in the
15commission of the crime or sexual exploitation.
16(5) Nonfamily abduction.
17(6) Family abduction.
18(7) Any other categories as determined by the Attorney General.
19(e) In addition, the data shall include the number of missing
20children and missing at-risk adults in this state and the category
21of each case.
22(f) The center may supply information about specific cases from
23the historic database to a local police department, sheriff’s
24department, or district attorney, only in connection with an
25investigation by the police department, sheriff’s department, or
26district attorney of a missing person case or a violation or attempted
27violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any
28sex offense listed in Section 290, except for the offense specified
29in subdivision (d) of Section 243.4.
Section 14204 of the Penal Code is repealed.
Section 14205 of the Penal Code is amended and
32renumbered to read:
(a) All local police and sheriffs’ departments shall
34accept any report, by any party, including any telephonic report,
35of a missing person, including runaways, without delay and shall
36give priority to the handling of these reports over the handling of
37reports relating to crimes involving property.
38(b) In cases where the person making a report of a missing
39person or runaway, contacts, including by telephone, the
40Department of the California Highway Patrol, the Department of
P24 1the California Highway Patrol may take the report, and shall
2immediately advise the person making the report of the name and
3telephone number of the police or sheriff’s department having
4jurisdiction of the residence address of the missing person and of
5the name and telephone number of the police or sheriff’s
6department having jurisdiction of the place where the person was
8(c) In cases of reports involving missing persons, including, but
9not limited to, runaways, the local police or sheriff’s department
10shall immediately take the report and make an assessment of
11reasonable steps to be taken to locate the person by using the report
12forms, checklists, and guidelines required under Section 13519.07.
13(d) If the missing person is under 21 years of age, or there is
14evidence that the person is at risk, the police department or sheriff’s
15department shall broadcast a “Be On the Lookout” bulletin, without
16delay, within its jurisdiction.
17(e) If the person reported missing is under 21 years of age, or
18if there is evidence that the person is at risk, the law enforcement
19agency receiving the report shall, within two hours after the receipt
20of the report, electronically transmit the report to the Department
21of Justice via the California Law Enforcement Telecommunications
22System for inclusion in the Violent Crime Information Center and
23the National Crime Information Center databases.
24(f) Information not immediately available for electronic
25transmission to the department shall be obtained by the
26investigating agency and provided as a supplement to the original
27entry as soon as possible, but in no event later than 60 days after
28the original electronic entry. Supplemental information may
29include, but is not limited to, the following:
30(1) Dental records and treatment notes.
33(4) Description of physical characteristics.
34(5) Description of clothing the person was wearing when last
36(6) Vehicle information.
37(7) Other information describing any person or vehicle believed
38to be involved in taking, abducting, or retaining the missing person.
39(g) In cases where the report is taken by a department, other
40than that of the city or county of residence of the missing person
P25 1or runaway, the department, or division of the Department of the
2California Highway Patrol taking the report shall, without delay,
3and, in the case of persons under 21 years of age or where there
4was evidence that the missing person was at risk, within no more
5than 24 hours, notify, and forward a copy of the report to the police
6or sheriff’s department or departments having jurisdiction of the
7residence address of the missing person or runaway and of the
8place where the person was last seen. The report shall also be
9submitted by the department or division of the Department of the
10California Highway Patrol which took the report to the center. The
11initial California Law Enforcement Telecommunications System
12record may only be removed after the receiving agency has
13accepted the report.
14(h) The requirements imposed by this section on local police
15and sheriffs’ departments shall not be operative if the governing
16body of that local agency, by a majority vote of the members of
17that body, adopts a resolution expressly making those requirements
Section 14206 of the Penal Code is amended and
20renumbered to read:
(a) When any person makes a report of a missing
22person to a police department, sheriff’s department, district
23attorney’s office, Department of the California Highway Patrol,
24or other law enforcement agency, the agency shall use the Attorney
25General’s form as required under Section 13519.07. That form
26shall include a statement authorizing the release of the dental or
27skeletal X-rays, or both, and treatment notes, of the person reported
28missing and authorizing the release of a recent photograph of a
29person reported missing who is under 18 years of age.
30(b) Included with the form shall be instructions which state that
31if the person reported missing is still missing 30 days after the
32report is made, the release form signed by a member of the family
33or next of kin of the missing person shall be taken by the family
34member or next of kin to the dentist, physician and surgeon, or
35medical facility in order to obtain the release of the dental or
36skeletal X-rays, or both, and treatment notes, of that person or may
37be taken by a peace officer, if others fail to take action, to secure
38those X-rays and treatment notes.
39(c) Notwithstanding any other provision of law, dental or skeletal
40X-rays, or both, and treatment notes, shall be released by the
P26 1dentist, physician and surgeon, or medical facility to the person
2presenting the request and shall be submitted within 10 days by
3that person to the police or sheriff’s department or other law
4enforcement agency having jurisdiction over the investigation.
5(d) When the person reported missing has been determined by
6the agency to be an at-risk person, has not been found within
730 days, the law enforcement agency may execute a written
8declaration, stating that an active investigation seeking the location
9of the missing person is being conducted, and that the dental or
10skeletal X-rays, or both, and treatment notes, are necessary for the
11exclusive purpose of furthering the investigation.
12(e) Notwithstanding any other provision of law, the written
13declaration, signed by a peace officer, is sufficient authority for
14the dentist, physician and surgeon, or medical facility to
15immediately release the missing person’s dental or skeletal X-rays,
17(f) The Attorney General’s office shall code and enter the dental
18or skeletal X-rays, or both, into the center’s database, which shall
19serve as the statewide database for those X-rays, and shall forward
20the information to the National Crime Information Center.
21(g) When a person reported missing has not been found within
2230 days, the sheriff, chief of police, or other law enforcement
23agency conducting the investigation for the missing person may
24confer with the coroner or medical examiner prior to the
25preparation of a missing person report. The coroner or medical
26examiner shall cooperate with the law enforcement agency. After
27conferring with the coroner or medical examiner, the sheriff, chief
28of police, or other law enforcement agency initiating and
29conducting the investigation for the missing person may submit a
30missing person report and the dental or skeletal X-rays, or both,
31and photograph received pursuant to subdivision (a) to the Attorney
32General’s office in a format acceptable to the Attorney General.
33(h) Nothing in this section prohibits a parent or guardian of a
34child, reported to a law enforcement agency as missing, from
35voluntarily submitting fingerprints, and other documents, to the
36law enforcement agency accepting the report for inclusion in the
37report which is submitted to the Attorney General.
38(i) The requirements imposed by this section on local police
39and sheriff’s departments shall not be operative if the governing
40body of that local agency, by a majority vote of the members of
P27 1that body, adopts a resolution expressly making those requirements
Section 14207 of the Penal Code is amended and
4renumbered to read:
(a) When a person reported missing has been found,
6the sheriff, chief of police, coroner or medical examiner, or the
7law enforcement agency locating the missing person shall
8immediately report that information to the Attorney General’s
9office. The Attorney General’s office shall then notify the National
10Crime Information Center that the missing person has been found.
11(b) When a missing person is found, the report indicating that
12the person is found shall be made not later than 24 hours after the
13person is found to the law enforcement agency that made the initial
14missing person report.
15(c) In the event that a missing person is found alive or dead in
16less than 24 hours and the local police or sheriff’s department has
17reason to believe that the person had been abducted, the department
18shall submit a report to the center in a format established by the
19Attorney General. In the event that a missing person has been
20found before he or she has been reported missing to the center, the
21information related to the incident shall be submitted to the center.
22(d) A law enforcement agency shall not establish or maintain
23any policy that requires the removal of a missing person entry from
24the center database or the National Crime Information Center
Section 14208 of the Penal Code is amended and
27renumbered to read:
(a) The Department of Justice shall operate a statewide,
29toll-free telephone hotline 24 hours per day, seven days per week
30to receive information regarding missing children and at-risk adults
31and relay this information to the appropriate law enforcement
33(b) The Department of Justice shall select up to six children per
34month from the missing persons publicly maintained computer
35Internet directory maintained pursuant to Section 14207 and shall
36produce posters with photographs and information regarding these
37children, including the missing children hotline telephone number
38and reward information. The department shall make these posters
39available to parties as prescribed and as the department deems
P28 1(c) The Department of Justice shall provide appropriate local
2reporting agencies with a list of persons still listed as missing who
3are under 21 years of age, and with an appropriate waiver form in
4order to assist the reporting agency in obtaining a photograph of
5each of the missing children.
6(d) Local reporting agencies shall attempt to obtain the most
7recent photograph available for persons still listed as missing and
8forward those photographs to the Department of Justice.
9(e) The department shall include these photographs, as they
10become available, in the quarterly bulletins pursuant to subdivision
11(c) of Section 14204.
12(f) State and local elected officials, agencies, departments,
13boards, and commissions may enclose in their mailings information
14 regarding missing children or at-risk adults obtainable from the
15Department of Justice or any organization that is recognized as a
16nonprofit, tax-exempt organization under state or federal law and
17that has an ongoing missing children program. Elected officials,
18agency secretaries, and directors of departments, boards, and
19commissions are urged to develop policies to enclose missing
20children or at-risk adults information in mailings if it will not
21increase postage costs and is otherwise deemed appropriate.
Section 14209 of the Penal Code is repealed.
Section 14210 of the Penal Code is amended and
24renumbered to read:
(a) The Legislature finds and declares that it is the duty
26of all law enforcement agencies to immediately assist any person
27who is attempting to make a report of a missing person or runaway.
28(b) The Department of the California Highway Patrol shall
29continue to implement the written policy, required to be developed
30and adopted pursuant to former Section 11114.3, for the
31coordination of each of its divisions with the police and sheriffs’
32departments located within each division in taking, transmitting,
33and investigating reports of missing persons, including runaways.
Section 14213 of the Penal Code is amended and
35renumbered to read:
(a) As used in this title, “missing person” includes, but
37is not limited to, a child who has been taken, detained, concealed,
38enticed away, or retained by a parent in violation of Chapter 4
39(commencing with Section 277) of Title 9 of Part 1. It also includes
40any child who is missing voluntarily or involuntarily, or under
P29 1circumstances not conforming to his or her ordinary habits or
2behavior and who may be in need of assistance.
3(b) As used in this title, “at-risk” means there is evidence of, or
4there are indications of, any of the following:
5(1) The person missing is the victim of a crime or foul play.
6(2) The person missing is in need of medical attention.
7(3) The person missing has no pattern of running away or
9(4) The person missing may be the victim of parental abduction.
10(5) The person missing is mentally impaired.
11(c) As used in this title, “child” is any person under 18 years of
13(d) As used in this title, “center” means the Violent Crime
15(e) As used in this title, “dental or medical records or X-rays”
16include all those records or X-rays which are in the possession of
17a dentist, physician and surgeon, or medical facility.
18(f) As used in this title, “unidentified person” means a person,
19living or deceased, whose identity the local investigative agency
20is unable to determine.
If the Commission on State Mandates determines
22that this act contains costs mandated by the state, reimbursement
23to local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.