BILL NUMBER: AB 33 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 22, 2010
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. Child abduction: sex offender
identification.
Existing law requires that the Attorney General
establish and maintain within the Violent Crime Information Center an
investigative support unit 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 investigative support unit 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, if available, 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.
This bill would require the department to make accessible to law
enforcement agencies, via a department bulletin and the California
Law Enforcement Telecommunications System Web
, the commission's "Guidelines For Handling Missing Persons
Investigations" or any subsequent similar guidelines created by the
commission, relating to the investigation of missing persons.
The bill would also require law enforcement agencies, by January
1, 2012, to adopt a checklist document directing peace officers on
investigation guidelines and resources available to them in the early
hours of an a missing person
investigation; to adopt a policy, regulations, or guidelines on
missing persons investigations that are consistent with state and
federal law; and to utilize the department's missing person reporting
form for the initial contact with the parent or family member
reporting a missing person. Because the bill would impose new duties
on local agencies with respect to missing person investigations, the
bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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.
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 that is consistent with
state and federal law and with the agency's specific policy regarding
missing children and the reporting of missing children.
(b)
13519.07. (a) The Department of
Justice shall make accessible to law enforcement agencies, via a
department bulletin and the California Law Enforcement
Telecommunications System Web , the commission's
"Guidelines For Handling Missing Persons Investigations" or any
subsequent similar guidelines created by the commission, relating to
the investigation of missing persons.
(c)
(b) By January 1, 2012, law enforcement agencies shall
adopt a checklist document directing peace officers on investigation
guidelines and resources available to them in the early hours of
an a missing person investigation. The
commission's "Guidelines For Handling Missing Persons Investigations"
should be used as a model policy or example in developing the
checklist document.
(d)
(c) By January 1, 2012, law enforcement agencies shall
adopt a policy, regulations, or guidelines on missing persons
investigations that are consistent with state and federal law. The
commission's "Guidelines For Handling Missing Persons Investigations"
should be used as a model policy or example in developing the
policy, regulations, or guidelines.
(e)
(d) By January 1, 2012, law enforcement agencies shall
utilize , at a minimum, the department's missing person
reporting form , at a minimum for the initial
contact with the parent or family member reporting a missing person.
(f)
(e) As necessary and appropriate, the commission shall
modify its missing persons investigations guidelines and curriculum
with contemporary information. Specifically, the commission should
consider including and revising their guidelines to include both of
the following:
(1) Steps for law enforcement agencies in the first few hours
after the reporting of a missing person.
(2) Information on the availability of the department task forces,
the SAFE Task Force Regional Teams, and other entities that can
assist in the search for a missing person.
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 11478.1 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.
(c) The investigative support unit 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, if available, or the specified geographical location from
which the child was abducted.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.