Amended in Senate March 28, 2016

Senate BillNo. 1330


Introduced by Senator Galgiani

February 19, 2016


An act to amend Sectionbegin delete 12300 of the Fish and Game Code, relating to Native Americans.end deletebegin insert 14215 of the Penal Code, relating to missing persons.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1330, as amended, Galgiani. begin deleteCalifornia Indian tribe members. end deletebegin insertMissing persons.end insert

begin insert

Existing law requires the Attorney General to maintain a directory of at-risk missing persons. Existing law requires police or sheriff departments, if there is evidence that a missing person is at-risk, to broadcast a bulletin within its jurisdiction. Existing law defines at-risk as including, among other things, a missing person who is mentally impaired.

end insert
begin insert

This bill would clarify that an at-risk includes a person who is cognitively impaired or developmentally disabled.

end insert
begin delete

Existing law, except as specified, exempts members of California Indian tribes from laws regulating fish and wildlife while on the tribal reservation.

end delete
begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14215 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

14215.  

(a) As used in this title, “missing person” includes, but
4is not limited to, any of the following:

5(1) An at-risk adult.

6(2) A child who has been taken, detained, concealed, enticed
7away, or retained by a parent in violation of Chapter 4
8(commencing with Section 277) of Title 9 of Part 1.

9(3) A child who is missing voluntarily or involuntarily, or under
10circumstances not conforming to his or her ordinary habits or
11behavior and who may be in need of assistance.

12(b) As used in this title,begin delete “at risk”end deletebegin insert “at-risk”end insert means there is
13evidence of, or there are indications of, any of the following:

14(1) The person missing is the victim of a crime or foul play.

15(2) The person missing is in need of medical attention.

16(3) The person missing has no pattern of running away or
17disappearing.

18(4) The person missing may be the victim of parental abduction.

19(5) The person missing is mentallybegin delete impaired.end deletebegin insert impaired, including
20cognitively impaired or developmentally disabled.end insert

21(c) As used in this title, “child” is any person under 18 years of
22age.

23(d) As used in this title, “center” means the Violent Crime
24Information Center.

25(e) As used in this title, “dental or medical records or X-rays”
26include all those records or X-rays which are in the possession of
27a dentist, physician and surgeon, or medical facility.

28(f) As used in this title, “unidentified person” means a person,
29living or deceased, whose identity the local investigative agency
30is unable to determine.

begin delete

  

31

SECTION 1.  

Section 12300 of the Fish and Game Code is
32amended to read:

33

12300.  

(a) Notwithstanding any other law, the provisions of
34this code are not applicable to a member of a California Indian
35tribe whose name is inscribed upon the tribal roll, while on the
36reservation of that tribe and under those circumstances in this state
37where the code was not applicable to them immediately before the
P3    1effective date of Public Law 280, Chapter 505, First Session, 1953,
283d Congress of the United States.

3(b) A member of a California Indian tribe described in
4subdivision (a)shall not be prosecuted for a violation of this code
5occurring in the places and under the circumstances described in
6subdivision (a). Nothing in this section, however, prohibits or
7restricts the prosecution of any member of a California Indian tribe
8for the violation of a provision of this code prohibiting the sale of
9a bird, mammal, fish, amphibian, or reptile.

end delete


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