BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1330
          Author:   Galgiani (D) 
          Amended:  8/19/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/19/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE FLOOR:  37-0, 4/28/16 (Consent)
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,  
            Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Wieckowski, Wolk
           NO VOTE RECORDED:  Hernandez, Runner, Vidak

           ASSEMBLY FLOOR:  79-0, 8/24/16 - See last page for vote
           
           SUBJECT:   Missing persons


          SOURCE:    UDW/AFSCME Local 3930


          DIGEST:  This bill clarifies that an "at risk" missing person  
          includes a person that is cognitively impaired or  
          developmentally disabled for the purposes of the issuance of a  
          "Be On the Look-Out" bulletin.  




          Assembly Amendments delete the requirement that law enforcement  
          exhausts all available resources before activating a "Silver  








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          Alert" for a missing person.  


          ANALYSIS:   


          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 VCIC 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 Department of Justice (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  








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             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).)


           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  








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             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 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 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; 








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              b)    A child who was taken, detained, concealed, enticed  
                away, or retained by a parent illegally; and,


              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).










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           13)Provides that if a person is reported missing to a law  
             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).)


          This bill clarifies that an "at risk" missing person includes a  








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          person that is cognitively impaired or developmentally disabled  
          for the purposes of a "Be On the Look-Out" bulletin.  


          Background

          There are many protocols that apply to individuals who are  
          "at-risk" and missing. For instance, existing law establishes  
          that any "at-risk" and missing individuals' information will be  
          in the AG's quarterly bulletin to local law enforcement  
          agencies, district attorneys, and public schools and will be in  
          the AG's confidential database for missing children and at-risk  
          adults created for statistical and research purposes. Current  
          law also dedicates a statewide, toll-free 24/7 telephone hotline  
          to receive information to help locate missing children and  
          at-risk adults and to relay this information to the appropriate  
          authorities and also requires police and sheriff's departments  
          to immediately report and assess missing person cases and that  
          if the missing person is under 21 years of age or at risk, to  
          broadcast them a "Be On the Lookout" bulletin without delay,  
          within its jurisdiction. This bill clarifies that a mentally  
          impaired person, who is generally defined as "at-risk" if  
          missing, also includes a "cognitively impaired or  
          developmentally disabled" individual, which will help ensure  
          that current law also applies to help locate missing, at-risk  
          individuals with cognitive or developmental disabilities.

          There can be an overlap in defining developmental and cognitive  
          disabilities. "Developmental" and "cognitive" are very broad  
          labels, and do not particularly indicate the level of skill or  
          ability that an individual may have." Developmental disability"  
          is a legal umbrella term that refers to disabilities present  
          before an individual reaches age 22. Congenital developmental  
          disabilities exist at birth, but developmental disabilities can  
          also be acquired post birth. Examples of developmental  
          disabilities are: Cerebral palsy, epilepsy, autism, hearing  
          loss, Down syndrome, mental retardation, spinal injury and brain  
          injury. Though not all of these disabilities necessarily result  
          in decreased intellectual functioning, often people use the term  
          to refer to disabilities that have a component affecting  
          cognitive function. "Cognitive disabilities" generally refers to  
          any disability affecting mental processes, and examples include  








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          mental retardation, attention-deficit hyperactivity disorder  
          (ADHD), dyslexia, aphasia, brain injury, language delay and  
          learning disabilities.   
          [http://www.serviceandinclusion.org/index.php?  
          page=developmental]

          In 2015, there were 83,144 reported cases of children who went  
          missing in California and of them 45,647 were female and 37,497  
          were male children.   
          [https://oag.ca.gov/sites/all/files/agweb/pdfs/missing/children/c 
          hildren-2015-annual-reports.pdf?] It is unknown from the data  
          how many of these children were cognitively impaired or  
          developmentally disabled at the time that they went missing. In  
          2015, there were 40,823 reported cases of missing adults. From  
          the total amount of adults who went missing, 23,958 were male  
          and 16,865 were female adults. Of these cases, there were 1,943  
          "dependent adults," which was defined as "any adult who has  
          physical or mental limitations that restrict his or her ability  
          to carry out normal activities."   
          [https://oag.ca.gov/sites/all/files/agweb/  
          pdfs/missing/adults/adult-2015-annual-reports.pdf?]

          The number of active missing person cases in California averages  
          around 25,000 individuals and currently, there are over 3,000  
          reports of unidentified individuals (including homicide victims)  
          in the California AG's database.  [https://oag.ca.gov/ missing]   
          There is no waiting period to report a missing person and the  
          police and sheriff's departments across California must accept  
          any report, whether it is made by telephone of missing persons  
          and runaways, immediately and give priority to handling such  
          reports. Law enforcement officers regularly highlight missing  
          individuals on the Web site either in the Featured Missing  
          Children and Adult Cases Section or through the Missing Person  
          Bulletin. In order to add photographs of a missing person on the  
          Web site, family members must submit the photo of the missing  
          person to their local law enforcement agency through a missing  
          person's report.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No










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          SUPPORT:   (Verified8/24/16)


          UDW/AFSCME Local 3930 (source)


          OPPOSITION:   (Verified8/24/16)


          None received


          ARGUMENTS IN SUPPORT:     The sponsor of SB 1330, stated in  
          part:


            The "Be On the Lookout" bulletin is a critical tool used by  
            law enforcement to aid in the recovery of missing individuals.  
            When a person goes missing, every minute is crucial. SB 1330  
            expands the "Be on the Lookout" requirements 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.

           ASSEMBLY FLOOR:  79-0, 8/24/16
           AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED:  Daly











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          Prepared by:Molly Lao / PUB. S. / 
          8/25/16 17:37:27


                                   ****  END  ****