BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       SB 1066|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  SB 1066
          Author:   Galgiani (D), et al.
          Amended:  5/27/14
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/29/14
          AYES:  Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  De León

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Missing or unidentified persons

           SOURCE  :     Author


          DIGEST  :    This bill amends several code sections relating to  
          missing and unidentified persons, as specified.

           ANALYSIS  :    Existing law:

            1.  Requires, in cases involving an unidentified body or human  
              remains, a postmortem examination or autopsy be conducted in  
              accordance with the following procedures:

             A.   Taking of all available fingerprints and palms prints.

             B.   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  
                                                                CONTINUED





                                                                    SB 1066
                                                                     Page  
          2

               dentist.

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

             D.   Frontal and lateral facial photographs with the scale  
               indicated.

             E.   Notation and photographs, with a scale, of significant  
               scars, marks, tattoos, clothing items, or other personal  
               effects found with or near the body.

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

             G.   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 (DOJ). 

            1.  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. 

            2.  Requires a law enforcement agency investigating the death  
              of an unidentified person to report the death to DOJ no  
              later than 10 calendar days after the date the body or human  
              remains were discovered. 

            3.  States that 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 DOJ within 45 days of the  
              date the body or human remains were discovered. 

            4.  States that 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 DOJ  
              within 180 days of the date the body or human remains were  
              discovered. 

            5.  Requires the Attorney General to maintain the Violent  

                                                                CONTINUED





                                                                    SB 1066
                                                                     Page  
          3

              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 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.

            6.  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.  

            7.  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  
              DOJ 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.  

            8.  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.

            9.  Requires DOJ to make accessible to law enforcement  
              agencies, via a department bulletin and the California Law  
              Enforcement Web, the commission's "Guidelines For Handling  

                                                                CONTINUED





                                                                    SB 1066
                                                                     Page  
          4

              Missing Persons Investigations" or any subsequent similar  
              guidelines created by the commission, relating to the  
              investigation of missing persons.  

          This bill makes numerous changes to the code sections relating  
          to missing and unidentified persons by:

          1.Requiring medical examiners and other agencies responsible for  
            postmortem exams or autopsies follow certain procedures when  
            conducting an autopsy on an unidentified body or human  
            remains.

          2.Providing that if coroner, medical examiner, or other agency  
            performing a postmortem examination or autopsy with the aid of  
            the dental examination and any other identifying findings is  
            unable to establish the identity of the body or human remains,  
            the coroner, medical examiner, or other agency shall submit  
            dental charts and dental X-rays of the unidentified deceased  
            person to DOJ on forms supplied by DOJ 45 days of the date the  
            body or human remains were discovered.

          3.Provides that if the coroner, medical examiner, or other  
            agency performing a postmortem examination or autopsy with the  
            aid of the dental examination and other identifying findings  
            is unable to establish the identity of the body or human  
            remains, the coroner, medical examiner, or other agency shall  
            submit the final report of investigation to DOJ within 180  
            days of the date the body or human remains were discovered.

          4.Requires that the final report of investigation include any  
            homicide report, anthropology report, fingerprints,  
            photographs, and autopsy report.  

          5.Requires the DOJ computer internet directory of information to  
            include at-risk missing persons and unidentified persons.  

          6.Requires a "Be On the Lookout" bulletin for any missing person  
            under 21 years of age.  

          7.Requires, 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, DOJ, 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  

                                                                CONTINUED





                                                                    SB 1066
                                                                     Page  
          5

            notify local law enforcement within 24 hours.  

          8.Deletes reference to "dependent adult" as specified.

          9.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 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.  

           10.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.  

           Comments
           
          According to the author, this bill is clarifying and technical  
          in nature and cleans up and renumbers penal codes regarding  
          missing persons.  This bill extends 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 DOJ 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 expands  
          those provisions to include persons who are at risk, and  
          unidentified persons.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

                                                                CONTINUED





                                                                    SB 1066
                                                                     Page  
          6


          According to the Senate Appropriations Committee:

           Significant ongoing costs, potentially state-reimbursable  
            (General Fund), for coroners and county medical examiners to  
            report to DOJ on investigations of death of unidentified  
            persons within 10 days, as specified.

           Non-reimbursable costs (Local) for county medical examiners  
            and other local agencies to follow certain procedures when  
            conducting an autopsy on an unidentified person, as the  
            examinations are discretionary.

           Potentially significant state-reimbursable local costs  
            (General Fund) for local law enforcement, coroners, and county  
            medical examiners to submit dental charts, x-rays, and final  
            reports of investigation to DOJ, as specified, for cases in  
            which the identity of the body or human remains cannot be  
            established.

           Potentially significant non-reimbursable local costs to police  
            and sheriffs' 



            departments to broadcast "Be On the Lookout" bulletins for a  
            larger population of missing persons up to age 21(currently  
            bulletins are issued for missing persons under 16 years of  
            age) and report electronically to DOJ, as specified. 




          JG:nl  5/27/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

                                   ****  END  ****







                                                                CONTINUED