Amended in Assembly August 19, 2016

Amended in Assembly May 24, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1330


Introduced by Senator Galgiani

February 19, 2016


An act to amendbegin delete Section 8594.10 of the Government Code, and to amendend delete Section 14215 of the Penal Code, relating to missing persons.

LEGISLATIVE COUNSEL’S DIGEST

SB 1330, as amended, Galgiani. Missing persons.

begin delete

(1) Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Silver Alert, as defined, if the agency receives a report of a missing person who is 65 years of age or older, developmentally disabled, or cognitively impaired, and certain conditions are met, including that all local resources have been utilized and the disappearance is unexplained or suspicious.

end delete
begin delete

This bill would remove the requirement that the investigating law enforcement agency have used all available resources.

end delete
begin delete

(2) Existing

end delete

begin insertExistingend insert 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.

This bill would clarify that an at-riskbegin insert missing personend insert includes a person who is cognitively impaired or developmentally disabled.

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

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

begin delete
P2    1

SECTION 1.  

Section 8594.10 of the Government Code is
2amended to read:

3

8594.10.  

(a) For purposes of this section, “Silver Alert” means
4a notification system, activated pursuant to subdivision (b),
5designed to issue and coordinate alerts with respect to a person
6who is 65 years of age or older, developmentally disabled, or
7cognitively impaired, and who is reported missing.

8(b) (1) If a person is reported missing to a law enforcement
9agency and that agency determines that the requirements of
10subdivision (c) are met, the agency may request the Department
11of the California Highway Patrol to activate a Silver Alert. If the
12Department of the California Highway Patrol concurs that the
13requirements of subdivision (c) are met, it shall activate a Silver
14Alert within the geographical area requested by the investigating
15law enforcement agency.

16(2) Radio, television, and cable and satellite systems are
17encouraged to, but not required to, cooperate with disseminating
18the information contained in a Silver Alert.

19(3) Upon activation of a Silver Alert, the Department of the
20California Highway Patrol shall assist the investigating law
21enforcement agency by issuing a be-on-the-lookout alert, an
22Emergency Digital Information Service message, an electronic
23flyer, or a changeable message sign in compliance with paragraph
24(4).

25(4) Upon activation of a Silver Alert, the Department of the
26California Highway Patrol may use a changeable message sign if
27both of the following conditions are met:

28(A) A law enforcement agency determines that a vehicle may
29be involved in the missing person incident.

30(B) Specific vehicle identification is available for public
31dissemination.

32(c) A law enforcement agency may request a Silver Alert be
33activated if that agency determines that all of the following
P3    1conditions are met in regard to the investigation of the missing
2person:

3(1) The missing person is 65 years of age or older,
4developmentally disabled, or cognitively impaired.

5(2) The law enforcement agency determines that the person has
6gone missing under unexplained or suspicious circumstances.

7(3) The law enforcement agency believes that the person is in
8danger because of age, health, mental or physical disability, or
9environment or weather conditions, that the person is in the
10company of a potentially dangerous person, or that there are other
11factors indicating that the person may be in peril.

12(4) There is information available that, if disseminated to the
13public, could assist in the safe recovery of the missing person.

14(d) For purposes of this section, the following definitions have
15the following meanings:

16(1) “Developmentally disabled” means affected by a
17developmental disability, as defined in subdivision (a) of Section
184512 of the Welfare and Institutions Code.

19(2) “Cognitively impaired” means affected by a cognitive
20impairment, as defined in Section 14522.4 of the Welfare and
21Institutions Code.

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22

begin deleteSEC. 2.end delete
23
begin insertSECTION 1.end insert  

Section 14215 of the Penal Code is amended to
24read:

25

14215.  

(a) As used in this title, “missing person” includes, but
26is not limited to, any of the following:

27(1) An at-risk adult.

28(2) A child who has been taken, detained, concealed, enticed
29away, or retained by a parent in violation of Chapter 4
30(commencing with Section 277) of Title 9 of Part 1.

31(3) A child who is missing voluntarily or involuntarily, or under
32circumstances not conforming to his or her ordinary habits or
33behavior and who may be in need of assistance.

34(b) As used in this title, “at-risk” means there is evidence of, or
35there are indications of, any of the following:

36(1) The person missing is the victim of a crime or foul play.

37(2) The person missing is in need of medical attention.

38(3) The person missing has no pattern of running away or
39disappearing.

40(4) The person missing may be the victim of parental abduction.

P4    1(5) The person missing is mentally impaired, including
2cognitively impaired or developmentally disabled.

3(c) As used in this title, “child” is any person under 18 years of
4age.

5(d) As used in this title, “center” means the Violent Crime
6Information Center.

7(e) As used in this title, “dental or medical records or X-rays”
8include all those records or X-rays which are in the possession of
9a dentist, physician and surgeon, or medical facility.

10(f) As used in this title, “unidentified person” means a person,
11living or deceased, whose identity the local investigative agency
12is unable to determine.



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