BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1066
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          SENATE THIRD READING
          SB 1066 (Galgiani)
          As Amended  July 3, 2014
          Majority vote

           SENATE VOTE  :37-0  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
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          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Bigelow,           |
          |     |Jones-Sawyer, Quirk,      |     |Bocanegra, Bradford, Ian  |
          |     |Skinner, Stone, Waldron   |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Holden, Jones, Linder,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Lowenthal                 |
           ----------------------------------------------------------------- 
           
          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  
            45 days 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  








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            identity of the body or human remains of an unidentified  
            person include any anthropology report, fingerprints,  
            photographs, and autopsy report.

          5)Increases the age that a "Be On the Look-Out bulletin" (BOLO)  
            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 DOJ.

          6)Requires DOJ publicly accessible computer internet directory  
            of information to 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  
            California Highway Patrol 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 the AG's Office forward the information to the National  








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            Crime Information Center.  

          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.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Unknown, likely minor, non-reimbursable costs to local  
            entities for additional autopsy requirements related to  
            unidentified persons, as these examinations are discretionary.

          2)Unknown, potentially moderate, non-reimbursable local law  
            enforcement costs to expand BOLO-related requirements from  
            persons under the age of 16 to persons under the age of 21.

          3)Absorbable state General Fund costs to DOJ for expanded  
            database requirements.

           COMMENTS  :   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."

          Please see the policy committee for a full discussion of this  
          bill.


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


                                                                FN: 0004434









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