BILL ANALYSIS Ó
SB 1330
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Date of Hearing: June 14, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1330 (Galgiani) - As Amended May 24, 2016
SUMMARY: Clarifies that an "at risk" missing person includes a
person that is cognitively impaired or developmentally disabled
for the purposes of a "Be On the Look-Out" bulletin, and deletes
the requirement that law enforcement exhaust all available
resources before activating a "Silver Alert" for a missing
person.
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EXISTING LAW:
1)Requires the Attorney General (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 person cases. (Pen. Code
§ 14200.)
2)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.)
3)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 § 14203, subd. (a).)
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4)Requires 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 § 14204.)
5)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 § 14206.)
6)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 §
14209.)
7)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
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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
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, § 14211, subds.
(a)(b)&(d).)
8)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 National Crime
Information Center (NCIC) databases. (Pen. Code, § 14211,
subd. (e).)
9)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 21 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, § 14211,
subd. (g).)
10)Defines a "missing person" to include any of the following:
a) An at-risk adult;
b) A child who was taken, detained, concealed, enticed
away, or retained by a parent illegally; and,
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c) A child who is missing voluntarily or involuntarily or
under circumstances not conforming to his or her ordinary
habits or behavior and who may be need of assistance. (Pen.
Code, §14215, subd. (a).)
11)Defines an "at-risk" to mean there is evidence of, or there
are indications of, any of the following:
a) The person missing is a victim of a crime or foul play;
b) The person missing is in need of medical attention;
c) The person missing has no pattern of running away or
disappearing;
d) The person missing may be a victim of parental
abduction; or,
e) The person missing may be mentally impaired. (Pen.
Code, §14215, subd. (b).)
12)Defines a "Silver Alert" as a notification system, that can
be activated as specified, and is designed to issue and
coordinate alerts with respect to a person 65 years of age or
older who is reported missing. (Gov. Code, § 8594.10, subd.
(a).
13)Provides that if a person is reported missing to a law
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enforcement agency, and that agency determines that specified
requirements are met, the agency may request the CHP to
activate a "Silver Alert". If the CHP concurs that the
specified requirements are met, it shall activate a "Silver
Alert" within the geographical area requested by the
investigating law enforcement agency. (Gov. Code, § 8594.10,
subd. (c).)
14)States that a law enforcement agency may request a "Silver
Alert" be activated if that agency determines that all of the
following conditions are met in regard to the investigation of
the missing person:
a) The missing person is 65 years of age or older;
b) The investigating law enforcement agency has utilized
all available local resources;
c) The law enforcement agency determines that that the
person has gone missing under unexplained or suspicious
circumstances;
d) The law enforcement agency believes that the person is
in danger because of age, health, mental or physical
disability, environment or weather conditions, that the
person is in the company of a potentially dangerous person,
or there are other factors indicating that the person may
be in peril; and
e) There is information available that, if disseminated to
the public, could assist in the safe recovery of the
missing person. (Gov. Code, § 8594.10, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: "Senate Bill 1330 will clarify that a "Be
On the Look-Out" bulletin should be issued when a missing
person is cognitively impaired or developmentally disabled. By
updating the "Be On the Look-out" bulletin provisions to
conform to the Silver Alert provisions, California will be
taking another step towards helping individuals with a
developmental disability or cognitive impairment to live in
safe communities."
2)Argument in Support: According to the United Domestic Workers
of America/AFSCME Local 3930, "Today, more than 250,000 people
are living with developmental disabilities in California, and
about 1 in 20 adults suffer from a severe mental illness.
Statistics show that 6 in 10 people with dementia will wander.
These populations are among those at the greatest risk of
wandering off on their own. Police and sheriff departments
are required to broadcast a bulleting within its jurisdiction
when there is evidence that a missing person is 'at-risk'.
The 'Be On the Look-Out' bulletin is a critical tool used by
law enforcement to aid in the recovery of missing persons.
"When a person is missing, every minute is crucial. SB 1130
expands the 'Be On the Look-Out' requirement so that
individuals who are cognitively impaired or developmentally
disabled are added to the list of 'at-risk' individuals
covered. This bill ensures that valuable time is not lost
during the recovery of a missing person."
REGISTERED SUPPORT / OPPOSITION:
SB 1330
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Support
United Domestic Workers of America/AFSCME Local 3930
Opposition
None
Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744