BILL NUMBER: AB 33 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN SENATE MAY 19, 2010
AMENDED IN SENATE MARCH 8, 2010
AMENDED IN SENATE AUGUST 25, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JULY 14, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN SENATE JUNE 11, 2009
AMENDED IN ASSEMBLY MARCH 24, 2009
AMENDED IN ASSEMBLY FEBRUARY 10, 2009
INTRODUCED BY Assembly Members Nava and Cook
DECEMBER 1, 2008
An act to amend Section 14202 of, and to add Section
13519.07 to , the Penal Code, relating to missing persons.
LEGISLATIVE COUNSEL'S DIGEST
AB 33, as amended, Nava. Commission on Peace Officer
Standards and Training: missing children. Child
abduction: sex offender identification.
Existing law requires the Attorney General establish and maintain
the Violent Crime Information Center 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.
This bill would require the center to make available, within 2
hours of a reported stranger abduction of a child, a list of persons
required to register as sex offenders based on the method of
operation of the sex offenders or the specified geographical location
from which the child was taken.
Existing law establishes the Commission on Peace Officer Standards
and Training within the Department of Justice. Under existing law,
the commission is required to develop and implement training for
peace officers relative to certain areas of criminal law or
procedure. Existing law requires the commission to implement
a course or courses of instruction for the training of law
enforcement officers and law enforcement dispatchers in the handling
of missing person and runaway cases and to develop guidelines for law
enforcement response to missing person and runaway cases.
This bill would require the commission to develop
uniform, minimum guidelines, and to make those available for adoption
by California law enforcement agencies, regarding the response to
cases of missing children and the reporting of missing children. The
bill would require the commission to implement a course or courses of
instruction for the training of law enforcement officers regarding
cases of missing children and the reporting of missing children.
This bill would require the Child Abduction Task
Force, under the Cali fornia Emergency Management Agency,
to submit its missing children course to the commission for
certification.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
encourage law enforcement agencies to obtain and utilize the list,
created pursuant to Section 14202 of the Penal Code, of registered
sex offenders from the Violent Crime Information Center in the event
of a reported stranger abduction of a child.
SECTION 1. SEC. 2. Section 13519.07
is added to the Penal Code, to read:
13519.07. (a) The
Legislature suggests that each law enforcement agency adopt,
promulgate, and offer training consistent with an agency's specific
policy regarding missing children and the reporting of missing
children that, at a minimum, complies with the commission's
guidelines, developed pursuant to this bill, when these guidelines
become available.
(b) It is the intent of the Legislature that, within two hours of
the reported abduction of a child, law enforcement be provided with a
list of persons required to register as sex offenders residing
within a five-mile radius from the place from which the child was
believed to have been abducted.
(c) The commission shall develop uniform, minimum guidelines, and
make those available for adoption by California law enforcement
agencies, regarding the response to cases of missing children and the
reporting of missing children.
(d) The commission
shall implement a course or courses of instruction for the training
of law enforcement officers regarding cases of missing children and
the reporting of missing children. .
SEC. 3. Section 14202 of the Penal Code
is amended to read:
14202. (a) The Attorney General shall establish and maintain
within the center an investigative support unit and 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.
(b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit. This
set of files may include, among others, the following:
(1) Missing or unidentified, deceased persons' dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.
(2) Child abuse reports filed pursuant to Section 11169.
(3) Sex offender registration files maintained pursuant to Section
290.
(4) State summary criminal history information maintained pursuant
to Section 11105.
(5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.5
11478.1 of the Welfare and Institutions Code.
(6) Information furnished to the Department of Justice pursuant to
Section 11107.
(7) Other Attorney General's office files as requested by the
investigative support unit.
This section shall become operative on July 1, 1989.
(c) The center shall make available, within two hours of a
reported stranger abduction of a child, a list of persons required to
register as sex offenders based upon the modus operandi, or the
specified geographical location from which the child was abducted.
SEC. 4. The Child Abduction Task Force, under the
California Emergency Management Agency, shall submit its missing
children course to the Commission on Peace Officer Standards and
Training for certification.