BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              S
                             2013-2014 Regular Session               B

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          SB 1066 (Galgiani)                                         6
          As Amended April 3, 2014
          Hearing date:  April 29, 2014
          Education; Family; Government; and Penal Codes
          JRD:mc

                            MISSING OR UNIDENTIFIED PERSONS  

                                       HISTORY

          Source:  Author

          Prior Legislation: SB 1736 (Rainey) - Chapter 284, Statutes of  
          2000

          Support: Unknown 

          Opposition:None known



                                         KEY ISSUE
           
          SHOULD SEVERAL AMENDMENTS BE MADE TO THE CODE SECTIONS RELATING TO  
          MISSING AND UNIDENTIFIED PERSONS, AS SPECIFIED?  



                                       PURPOSE

          This legislation makes numerous changes to the code sections  
          relating to missing and unidentified persons by: (1) requiring  
          medical examiners and other agencies responsible for a  
          postmortem exam or autopsy to follow certain procedures when  



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          conducting an autopsy on an unidentified person; (2) requiring  
          reports to the Department of Justice (DOJ) be done on the  
          department's Unidentified Deceased Person Reporting form, as  
          specified; (3) expanding requirements relating to reports to the  
          Department of Justice by local law enforcement, as specified;  
          (4) requiring that the final report of investigation include any  
          homicide report, anthropology report, fingerprints, photographs,  
          and autopsy report; (5) expanding the Department of Justice  
          computer internet directory of information to include at-risk  
          missing persons and unidentified persons, as specified; (6)  
          requiring a "Be On the Look-out" bulletin for any missing person  
          under 21 years of age; (7) requiring local law enforcement to  
          electronically report to DOJ within two hours, as specified; (8)  
          making the Attorney General's Office's database the statewide  
          database for x-rays, and would require the Attorney General's  
          Office to forward the information to the National Crime  
          Information Center; and (9) making technical and conforming  
          changes to the code sections relating to missing and  
          unidentified persons.    

           Autopsies of an Unidentified Body or Human Remains
           
           Existing law  requires, in cases involving an unidentified body  
          or human remains, a postmortem examination or autopsy be  
          conducted in accordance with the following procedures:

                 Taking of all available fingerprints and palms prints.

                 A dental examination consisting of dental charts and  
               dental X-rays of the deceased person's teeth, which may be  
               conducted on the body or human remains by a qualified  
               dentist.

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

                 Frontal and lateral facial photographs with the scale  
               indicated.

                 Notation and photographs, with a scale, of significant  



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               scars, marks, tattoos, clothing items, or other personal  
               effects found with or near the body.

                 Notations of observations pertinent to the estimation of  
               the time of death.

                 Precise documentation of the location of the remains.

          The coroner is required to prepare a final report of  
          investigation in a format established by the Department of  
          Justice.  (Government Code  27521.)

           Existing law  requires the coroner to retain the jaws and other  
          tissue samples of the deceased person for one year after a  
          positive identification is made, and no civil or criminal  
          challenges are pending, or indefinitely.  (Government Code   
          27521.)

           This bill  applies these provisions to medical examiners and any  
          other agency responsible for a postmortem exam or autopsy. 





           Law Enforcement Investigation of Unidentified Person

          Current law  requires a law enforcement agency investigating the  
          death of an unidentified person to report the death to the  
          Department of Justice no later than 10 calendar days after the  
          date the body or human remains were discovered.  (Government  
          Code  27521.1.)

           Under existing law  , if the coroner is unable to establish the  
          identity of the body or human remains, the coroner is required  
          to submit dental charts and dental X-rays of the unidentified  
          deceased person to the Department of Justice within 45 days of  
          the date the body or human remains were discovered.  (Government  
          Code  27521.)




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           Under existing law  , if the coroner is unable to establish the  
          identity of the body or human remains, the coroner is required  
          to submit the final report of investigation to the Department of  
          Justice within 180 days of the date the body or human remains  
          were discovered.  (Government Code  27521.)

           This bill  would require a police department, sheriff's office,  
          coroner, medical examiner, or other law enforcement agency  
          investigation the death of an unidentified person, when  
          investigating the death of an unidentified person, to report to  
          the Department of Justice no later than 10 calendar days from  
          the date of discovery, using the department's Unidentified  
          Deceased Person Reporting form. 

           This bill  expands the requirement that a coroner submit dental  
          charts and dental X-rays of an unidentified deceased person to  
          the Department of Justice on forms supplied by the Department of  
          Justice within 45 days of the date the body or human remains  
          were discovered to also require a police department, sheriff's  
          office, coroner, medical examiner, or other law enforcement  
          agency investigation the death of an unidentified person.  

           This bill  expands the requirement that a coroner submit the  
          final report of investigation to the Department of Justice  
          within 180 days of the date the body or human remains were  
          discovered to also require a police department, sheriff's  
          office, coroner, medical examiner, or other law enforcement  
          agency investigation the death of an unidentified person.  

           This bill  requires that the final report of investigation  
          include any homicide report, anthropology report, fingerprints,  
          photographs, and autopsy report.  
           
          Victim Crime Information Center
           
           Current law  requires the Attorney General to 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.  The center is  



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          required to, among other things, assist local law enforcement  
          agencies and county district attorneys by providing  
          investigative information on persons responsible for specific  
          violent crimes and missing person cases.  (Penal Code  14200.)

           Current law  requires the Attorney General to establish and  
          maintain a computer system designed to effect an immediate law  
          enforcement response to reports of missing persons.  This system  
          must include an active file of information concerning persons  
          reported to it as missing and who have not been reported as  
          found.  The computer system is to be made available to law  
          enforcement agencies.  However, the Attorney General shall not  
          release the information if the reporting agency requests the  
          Attorney General in writing not to release the information  
          because it would impair a criminal investigation.  (Penal Code   
          14201.)

           Current law  requires the Attorney General to establish and  
          maintain, upon appropriation of funds by the Legislature, the  
          Violent Crime Information Network within the center to enable  
          the Department of Justice crime analysts with expertise in child  
          abuse, missing persons, child abductions, and sexual assaults to  
          electronically share their data, analysis, and findings on  
          violent crime cases with each other, and to electronically  
          provide law enforcement agencies with information to assist in  
          the identification, tracking, and apprehension of violent  
          offenders.  The Violent Crime Information Network shall serve to  
          integrate existing state, federal, and civilian data bases into  
          a single comprehensive network.  (Penal Code  14201.1.)

           Current law  requires the Violent Crime Information Center to  
          make accessible to the National Missing and Unidentified Persons  
          System specific information authorized for dissemination and as  
          determined appropriate by the center that is contained in law  
          enforcement reports regarding missing or unidentified persons.   
          (Penal Code  14201.3.)

           Current law  requires the Attorney General to establish the  
          Missing and Exploited Children's Recovery Network, an automated  
          computerized system that has the capability to electronically  



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          transmit to all state and local law enforcement agencies, and  
          all cooperating news media services, either by facsimile or  
          computer modem, a missing child poster that includes the name,  
          personal description data, and picture of the missing child.   
          (Penal Code  14201.5.)

           Current law  requires the Department of Justice to establish and  
          maintain a publicly accessible computer internet directory of  
          information relating to the following:  

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

                 Critical missing children.

                 Unsolved homicides.  (Penal Code  14201.6.)

           Current law  requires the Attorney General to establish and  
          maintain an automated violent crime method of operation system  
          to facilitate the identification and apprehension of persons  
          responsible for murder, kidnap, including parental abduction,  
          false imprisonment, or sexual assault.  This unit shall be  
          responsible for identifying perpetrators of violent felonies  
          collected from the center and analyzing and comparing data on  
          missing persons in order to determine possible leads which could  
          assist local law enforcement agencies.  This unit shall only  
          release information about active investigations by police and  
          sheriffs' departments to local law enforcement agencies.  (Penal  
          Code  14202.)

           Existing law  requires the online missing persons registry to  
          accept and generate complete information on a mission person.   
          The Attorney General is required to develop the form in which  
          information shall be entered into the system.  The Attorney  
          General is, additionally, required to establish and maintain  
          within the center a separate, confidential historic database  
          relating to missing children and dependent adults.  The center  
          may supply information about specific cases from the historic  
          database to a local police department, sheriff's department, or  



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          district attorney, only in connection with an investigation by  
          the police department, sheriff's department, or district  
          attorney of a missing person case or a violation or attempted  
          violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or  
          any sex offense listed in Section 290, except for the offense  
          specified in subdivision (d) of Section 243.4.  (Penal Code   
          14203.) 

           Existing law  requires the Attorney General to provide training  
          on the services provided by the center to line personnel,  
          supervisors, and investigators in the following fields: law  
          enforcement, district attorneys' offices, the Department of  
          Corrections and Rehabilitation, probation departments, court  
          mediation services, and the judiciary.  (Penal Code  14204.)  

           Current law  requires all local police and sheriffs' departments  
          to accept any report, including any telephonic report, of a  
          missing person, including runaways.  Local police and sheriffs'  
          department are required to give priority to the handling of  
          these reports over the handling of reports relating to crimes  
          involving property.  In cases where the person making a report  
          of a missing person or runaway, contacts the California Highway  
          Patrol, the California Highway Patrol may take the report, and  
          must immediately advise the person making the report of the name  
          and telephone number of the police or sheriff's department  
          having jurisdiction of the residence address of the missing  
          person and of the name and telephone number of the police or  
          sheriff's department having jurisdiction of the place where the  
          person was last seen.  If the missing person is under 16 years  
          of age, or there is evidence that the person is at risk, the  
          department shall broadcast a "Be On the Look-Out" bulletin  
          within its jurisdiction.  (Penal Code  14205.)

           Current law  requires that if the person reported missing is  
          under 21 years of age, or if there is evidence that the person  
          is at risk, the law enforcement agency receiving the report  
          shall, within two hours after the receipt of the report,  
          transmit the report to the Department of Justice for inclusion  
          in the Violent Crime Information Center and the National Crime  
          Information Center databases.  (Penal Code  14205.)



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           Existing law  requires that, in cases where the report is taken  
          by a department, other than that of the city or county of  
          residence of the missing person or runaway, the department, or  
          division of the California Highway Patrol taking the report  
          shall, without delay, and, in the case of children under 16  
          years of age or where there was evidence that the missing person  
          was at risk, within no more than 24 hours, notify, and forward a  
          copy of the report to the police or sheriff's department or  
          departments having jurisdiction of the residence address of the  
          missing person or runaway and of the place where the person was  
          last seen.  (Penal Code  14205.)

           Current law  requires local law enforcement, in cases where the  
          person reported missing is under 21 years of age, or if there is  
          evidence that the person is at risk, to report to DOJ within two  
          hours after receipt of the report.  (Penal Code  14205.)

           Current law  requires that when any person makes a report of a  
          missing person to a police department, sheriff's department,  
          district attorney's office, California Highway Patrol, or other  
          law enforcement agency, the report shall be given in person or  
          by mail in a format acceptable to the Attorney General.  When  
          the person is found, the sheriff, chief of police, coroner or  
          medical examiner, or the law enforcement agency locating the  
          missing person are required to immediately report that  
          information to the Attorney General's office.  (Penal Code   
          14206 
          and 14207.)

           Current law requires  the Department of Justice to operate a  
          statewide, toll-free telephone hotline 24 hours per day, seven  
          days per week to receive information regarding missing children  
          and dependent adults and relay this information to the  
          appropriate law enforcement authorities.  The Department of  
          Justice must also select up to six children per month from the  
          missing children registry and produce posters with photographs  
          and information regarding these children, including the missing  
          children hotline telephone number and reward information.  The  
          department shall make these posters available to parties as  



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          prescribed and as the department deems appropriate.  (Penal Code  
           14208.)

           Current law requires  the Department of Justice to provide  
          appropriate local reporting agencies with a list of persons  
          still listed as missing who are under 18 years of age, with an  
          appropriate waiver form in order to assist the reporting agency  
          in obtaining a photograph of each of the missing children.   
          Local reporting agencies must attempt to obtain the most recent  
          photograph available for persons still listed as missing and  
          forward those photographs to the Department of Justice.  (Penal  
          Code  14209.) 
          
           Current law defines  a variety of terms relating to missing  
          persons.  (Penal Code  14213.)

           Existing law  requires the Department of Justice to make  
          accessible to law enforcement agencies, via a department  
          bulletin and the California Law Enforcement Web, the  
          commission's "Guidelines For Handling Missing Persons  
          Investigations" or any subsequent similar guidelines created by  
          the commission, relating to the investigation of missing  
          persons.  (Penal Code  13519.07.)

           Existing law  requires law enforcement agencies to adopt a  
          policy, regulations, or guidelines on missing persons  
          investigations that are consistent with state and federal law,  
          as well as a checklist document directing peace officers on  
          investigation guidelines and resources available to them in the  
          early hours of a missing person investigation, by January 1,  
          2012.  By January 1, 2012, law enforcement agencies are required  
          to utilize, at a minimum, the department's missing person  
          reporting form for the initial contact with the parent or family  
          member reporting a missing person.  (Penal Code  13519.07.)

           This bill  would require the Department of Justice computer  
          internet directory of information to include at-risk missing  
          persons and unidentified persons.  

           This bill would require a "Be On the Look-Out" bulletin for any  



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          missing person under 21 years of age.  

           This bill  would require, in cases where a report is taken by a  
          department, other than that of a city or county of residence of  
          the missing person or runaway, the department, or division of  
          the Department of California Highway Patrol taking the report  
          shall, without delay and in the case of persons under 21 year of  
          age, to notify local law enforcement within 24 hours.  

           This bill  deletes reference to "dependent adult" throughout  
          Penal Code sections 14200, et seq.

           This bill  would require local law enforcement, in cases where  
          the person reported missing is under 21 years of age, or if  
          there is evidence that the person is at risk, to electronically  
          report to DOJ within two hours, as specified.  Information not  
          available for electronic transmission must be obtained by the  
          investigation agency and provided as a supplement to the  
          original entry as soon as possible, but not later than 60 days  
          after the electronic entry.  Supplemental information may  
          include: dental records; fingerprints; photographs; description  
          of physical characteristics; description of clothing; vehicle  
          information; and other information describing any person or  
          vehicle believed to be involved in taking, abducting or  
          retaining the missing person.  

           This bill  makes the Attorney General's Office's database the  
          statewide database for x-rays, and would require the Attorney  
          General's Office to forward the information to the National  
          Crime Information Center.  

           This bill  renumbers a number of code sections, makes conforming  
          cross-reference amendments and technical amendments. 


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the last several years, severe overcrowding in California's  
          prisons has been the focus of evolving and expensive litigation  
          relating to conditions of confinement.  On May 23, 2011, the  



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          United States Supreme Court ordered California to reduce its  
          prison population to 137.5 percent of design capacity within two  
          years from the date of its ruling, subject to the right of the  
          state to seek modifications in appropriate circumstances.   

          Beginning in early 2007, Senate leadership initiated a policy to  
          hold legislative proposals which could further aggravate the  
          prison overcrowding crisis through new or expanded felony  
          prosecutions.  Under the resulting policy, known as "ROCA"  
          (which stands for "Receivership/ Overcrowding Crisis  
          Aggravation"), the Committee held measures that created a new  
          felony, expanded the scope or penalty of an existing felony, or  
          otherwise increased the application of a felony in a manner  
          which could exacerbate the prison overcrowding crisis.  Under  
          these principles, ROCA was applied as a content-neutral,  
          provisional measure necessary to ensure that the Legislature did  
          not erode progress towards reducing prison overcrowding by  
          passing legislation, which would increase the prison population.  
            

          In January of 2013, just over a year after the enactment of the  
          historic Public Safety Realignment Act of 2011, the State of  
          California filed court documents seeking to vacate or modify the  
          federal court order requiring the state to reduce its prison  
          population to 137.5 percent of design capacity.  The State  
          submitted that the, ". . .  population in the State's 33 prisons  
          has been reduced by over 24,000 inmates since October 2011 when  
          public safety realignment went into effect, by more than 36,000  
                     inmates compared to the 2008 population . . . , and by nearly  
          42,000 inmates since 2006 . . . ."  Plaintiffs opposed the  
          state's motion, arguing that, "California prisons, which  
          currently average 150% of capacity, and reach as high as 185% of  
          capacity at one prison, continue to deliver health care that is  
          constitutionally deficient."  In an order dated January 29,  
          2013, the federal court granted the state a six-month extension  
          to achieve the 137.5 % inmate population cap by December 31,  
          2013.  

          The Three-Judge Court then ordered, on April 11, 2013, the state  
          of California to "immediately take all steps necessary to comply  



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          with this Court's . . . Order . . . requiring defendants to  
          reduce overall prison population to 137.5% design capacity by  
          December 31, 2013."  On September 16, 2013, the State asked the  
          Court to extend that deadline to December 31, 2016.  In  
          response, the Court extended the deadline first to January 27,  
          2014 and then February 24, 2014, and ordered the parties to  
          enter into a meet-and-confer process to "explore how defendants  
          can comply with this Court's June 20, 2013 Order, including  
          means and dates by which such compliance can be expedited or  
          accomplished and how this Court can ensure a durable solution to  
          the prison crowding problem."

          The parties were not able to reach an agreement during the  
          meet-and-confer process.  As a result, the Court ordered  
          briefing on the State's requested extension and, on February 10,  
          2014, issued an order extending the deadline to reduce the  
          in-state adult institution population to 137.5% design capacity  
          to February 28, 2016.  The order requires the state to meet the  
          following interim and final population reduction benchmarks:

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and
                 137.5% of design bed capacity by February 28, 2016. 

          If a benchmark is missed the Compliance Officer (a position  
          created by the February 10, 2016 order) can order the release of  
          inmates to bring the State into compliance with that benchmark.   


          In a status report to the Court dated February 18, 2014, the  
          state reported that as of February 12, 2014, California's 33  
          prisons were at 144.3 percent capacity, with 117,686 inmates.   
          8,768 inmates were housed in out-of-state facilities.

          The ongoing prison overcrowding litigation indicates that prison  
          capacity and related issues concerning conditions of confinement  
          remain unresolved.  While real gains in reducing the prison  
          population have been made, even greater reductions may be  
          required to meet the orders of the federal court.  Therefore,  
          the Committee's consideration of ROCA bills -bills that may  



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          impact the prison population - will be informed by the following  
          questions:

                 Whether a measure erodes realignment and impacts the  
               prison population;
                 Whether a measure addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
                 Whether a bill corrects a constitutional infirmity or  
               legislative drafting error; 
                 Whether a measure proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy; and,
                 Whether a bill addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy.



























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                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               This bill is clarifying and technical in nature and  
               cleans up and renumbers penal codes regarding missing  
               persons.  This bill would extend requirements that are  
               applicable to missing persons under 16 years of age to  
               missing persons under 21 years of age.  The bill  
               expands responsibilities and applies provisions in  
               current law to a police department, sheriff's office,  
               medical examiner or other law enforcement agency  
               investigating the death of an unidentified person.   
               The bill also requires the DOJ to serve as a statewide  
               repository for final reports of investigation and to  
               maintain dental records.  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," and unsolved homicides.   
               This bill would expand those provisions to include  
               persons who are at risk, and unidentified persons.

          2.    Effect of This Legislation  

          As detailed above, this bill would make several technical  
          amendments to the code sections relating to missing and  
          unidentified persons.  The bill's most substantive  
          amendments appear to be: 

                     Under existing law, law enforcement is required to  
                 issue a "Be On the Look-Out" bulletin for any missing  
                 person under 16 years of age-this legislation would  
                 require a bulleting be issued for any missing person  
                 under 21 years of age. 

                     The Department of Justice is currently required to  



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                 maintain a publicly accessible computer internet  
                 directory of information relating to:  (1) Persons for  
                 whom an arrest warrant has been issued pursuant to an  
                 alleged violation of any offense defined as a violent  
                 felony in subdivision (c) of Section 667.5; (2) Critical  
                 missing children; and, (3) Unsolved homicides.  This bill  
                 would expand this to include at-risk missing persons and  
                 unidentified persons.  

                     In any case where the person reported missing is  
                 under 21 years of age, or is at risk, the law enforcement  
                 agency is currently required to report to the Department  
                 of Justice within two hours after the receipt of the  
                 report.  This legislation would require that the  
                 information be reported electronically and that any  
                 information not immediately available for electronic  
                 transmission be provided as a supplement to the  
                 Department of Justice. 

          Members may wish to discuss any incidents and observations as to  
          the necessity of these changes and how these changes might  
          enhance the state's ability to find missing person and  
          identified unidentified persons.  


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