BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1066
                                                                  Page  1

          Date of Hearing:   June 17, 2014
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    SB 1066 (Galgiani) - As Amended:  May 27, 2014


           SUMMARY  :   Revises, recasts, and renumbers several provisions of  
          law relating to missing or unidentified persons.  Specifically,  
           this bill  :

          1)Expands the requirements for the conduct of a postmortem  
            examination of an unidentified deceased person to a medical  
            examiner, or other agency responsible for a postmortem  
            examination or autopsy. 

          2)Requires a coroner, medical examiner, or other agency  
            investigating the death of an unidentified person to report  
            the death to the Department of Justice (DOJ) no later than 10  
            calendar days from the date of discovery, using the  
            department's Unidentified Deceased Person Reporting form. 

          3)Expands provisions of law that requires specified information  
            related to the investigation into the identity of an  
            unidentified person be submitted, by a coroner, to DOJ within  
            45days and 180 days, respectively, to apply to a police  
            department, sheriff's office, medical examiner, or other law  
            enforcement agency investigating the death of an unidentified  
            person.

          4)Requires that the final report of the investigation into the  
            identity of the body or human remains of an unidentified  
            person include any homicide report, anthropology report,  
            fingerprints, photographs, and autopsy report.

          5)Increases the age that a "Be On the Look-Out bulletin" be  
            issued for a missing person or if there is evidence that the  
            person is at risk from 16 to 21 years of age, and requires  
            that these bulletins be issued by police or sheriff's  
            department within its jurisdiction, in addition to the DOJ.

          6)Requires the DOJ publicly accessible computer internet  








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            directory of information include information related to  
            at-risk missing persons and unidentified persons.  

          7)Increases from 16 to 21 years of age, the age at which a  
            missing person or runaway report 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 CHP  
            taking the report  is required without delay, and within no  
            more than 24 hours, to notify and forward a copy of the report  
            to the police or sheriff's department having jurisdiction over  
            the missing person or runaway's residence, and of the place  
            where the person was last seen.

          8)Requires a law enforcement agency receiving a report, in cases  
            where the person reported missing is under 21 years of age, or  
            if there is evidence the person is at risk, to electronically  
            report to DOJ via the California Law Enforcement  
            Telecommunications System within two hours of receiving the  
            report, as specified.  Information not available for  
            electronic transmission must be obtained by the investigating  
            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. 

          9)Makes the Attorney General's (AG's)  Office database the  
            statewide database for dental or skeletal x-rays, 
          and requires that he AG's Office forward the information to the  
            National Crime Information Center) NCIC.  

          10)Deletes references to "dependent" adults and replaces that  
            term with the term "at-risk" adults.

          11)Recasts and renumbers numerous code sections, makes  
            conforming cross references and technical amendments.

           EXISTING LAW  :

          1)Provides that a postmortem examination or autopsy conducted at  
            the discretion of a coroner upon an unidentified body or human  
            remains shall include, but shall not be limited to the  








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            following procedures:

             a)   Taking of all available fingerprints and palm 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  
               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)   Notations 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; and,

             g)   Precise documentation of the location of the remains.   
               (Gov. Code,  27521, subds. (a) & (b).)

          2)Requires the coroner to prepare a final report of the  
            investigation into the identity of an unidentified person in a  
            format established by the DOJ, and requires that the report  
            list or describe the information collected pursuant to the  
            postmortem examination or autopsy.  (Gov. Code,  27521, subd.  
            (d).)

          3)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.  (Gov. Code,  27521, subd.  
            (e).)

          4)Provides 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 the DOJ within 45 days of the date the body  
            or human remains were discovered, and is required to submit  
            the final report of the investigation to the DOJ within 180  
            days of the body or human remains were discovered.  (Gov.  








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            Code,  27521, subds. (f) & (g).)

          5)Requires a law enforcement agency investigating the death of  
            an unidentified person to report the death to the DOJ no later  
            than 10 calendar days after the date the body or human remains  
            were discovered.  (Gov. Code,  27521.1, subd (a).)

          6)Requires the AG to maintain the Violent Crime Information  
            Center (VCIC) 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 assist local law enforcement agencies and county  
            district attorneys by providing investigative information on  
            persons responsible for specific violent crimes and missing  
            persons cases.  (Pen. Code  14200.)

          7)Mandates the AG 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 AG shall not release the information  
            if the reporting agency requests the AG in writing not to  
            release the information because it would impair a criminal  
            investigation.  (Pen. Code  14201.)

          8)Establishes, upon appropriation of funds by the Legislature,  
            the Violent Crime Information Network (VCIN) within the VCIC  
            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 VCIN shall serve to integrate existing state,  
            federal, and civilian data bases into a single comprehensive  
            network.  (Pen. Code  14201.1.)

          9)Requires the VCIC 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.  (Pen. Code   








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            14201.3.)

          10)  Requires the AG to establish the Missing and Exploited  
            Children's Recovery Network, an automated computerized system  
            that has the capability to electronically transmit to all  
            state and local law enforcement agencies, and all cooperating  
            news media services, either by facsimile or computer modem, a  
            missing child poster that includes the name, personal  
            description data, and picture of the missing child.  (Pen.  
            Code  14201.5.)

          11)Mandates the AG 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.   
            (Pen. Code  14202.)

          12)Requires the AG 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.  (Pen. Code,  14204.)

          13)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'  
            departments 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 (CHP), the CHP 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  








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            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.  (Pen. Code,  14205, subd. (a).)

          14)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 DOJ for inclusion in the VCIC and the NCIC  
            databases.  (Pen. Code,  14205, subd. (b).)

          15)Provides 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   CHP 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.  The  
            report shall be submitted to the department or division of the  
            CHP that took the report to the VCIC.  (Pen. Code,  14205,  
            subd. (c).)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Inconsistencies  
            and outdated language across various sections cause confusion  
            for both Law Enforcement Agencies and the Department of  
            Justice.  Due to the way the sections have evolved over time,  
            the requirements are not outlined in a clear consistent manner  
            for agencies to implement.  In addition, contradictory  
            language across statutes results in delay's in the reporting  
            of information in both missing and unidentified persons cases.  
             This bill provides clarity to law enforcement agencies and  
            the DOJ, so that they can focus on the important task of  
            working to bring loved ones home."

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           








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          None
           
            Opposition 
           
          None


           Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744