BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1330


                                                                    Page  1





          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:











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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