BILL ANALYSIS
AB 33
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 33 (Nava and Cook)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: | |(June 1, 2009) |SENATE: |35-0 |(August 24, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: B. & F.
SUMMARY : Mandates the release of information related to sex
offenders when a stranger abduction occurs, as specified.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Require the Violent Crime Information Center make available
within two 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.
2)State the intent of the Legislature is to encourage law
enforcement agencies to obtain and utilize the list of
registered sex offenders from the Violent Crime Information
Center in the event of a reported stranger abduction of a
child.
3)Require the department to make accessible to law enforcement
agencies, via a department bulletin and the California Law
Enforcement 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.
4)Require, by January 1, 2012, law enforcement agencies, to
adopt a checklist document directing peace officers on
investigation guidelines and resources available to them in
the early hours of an investigation; adopt a policy,
regulations, or guidelines on missing persons investigations
that is consistent with state and federal law; and utilize the
AB 33
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department's missing person reporting form, at a minimum 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.
5)Specify that the Violent Crime Information Center is an
"investigative support unit."
EXISTING LAW :
1)Provides that the California Highway Patrol, in conjunction
with the Department of Justice, shall develop a comprehensive
child abduction education system to educate children in the
state on the appropriate behavior to deter abduction. The
California Highway Patrol shall convene a group consisting of
a representative from the California State Sheriffs'
Association, the California Police Chiefs' Association, and
the California Peace Officers' Association, representatives of
advocacy groups, and the Department of Education to assist in
the development of a plan.
2)Provides if an abduction has been reported to a law
enforcement agency and the agency determines that a child 17
years of age or younger, or an individual with a proven mental
or physical disability, has been abducted and is in imminent
danger of serious bodily injury or death, and there is
information available that, if disseminated to the general
public, could assist in the safe recovery of the victim, the
agency, through a person authorized to activate the Emergency
Alert System, shall, absent extenuating investigative needs,
request activation of the Emergency Alert System within the
appropriate local area. Law enforcement agencies shall only
request activation of the Emergency Alert System for an
abduction if these requirements are met. The Emergency Alert
System is not intended to be used for abductions resulting
from custody disputes that are not reasonably believed to
endanger the life or physical health of a child. The
California Highway Patrol, if requested by a law enforcement
agency, shall activate the system.
3)Specifies that the California Highway Patrol, in consultation
with the Department of Justice, as well as a representative
from the California State Sheriffs' Association, the
California Police Chiefs' Association, and the California
AB 33
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Peace Officers' Association, shall develop policies and
procedures providing instruction specifying how law
enforcement agencies, broadcasters participating in the
Emergency Alert System, and any other intermediate emergency
agencies that may institute activation of the Emergency Alert
System, and, where appropriate, other supplemental warning
systems, shall proceed after a qualifying abduction has been
reported to a law enforcement agency. Those policies and
procedures shall include, but not be limited to:
a) Procedures for transfer of information regarding the
abducted victim and abduction from the law enforcement
agency to the broadcasters;
b) Specification of the event code or codes that should be
used if the Emergency Alert System is activated to report a
qualifying child abduction;
c) Recommended language for an abduction alert;
d) Specification of information that must be included by
the reporting law enforcement agency, including which
agency a person with information relating to the abduction
should contact and how the person should contact the
agency; and,
e) Recommendations on the extent of the geographical area
to which a child abduction emergency alert should be
broadcast.
4)States that the California Highway Patrol, in consultation
with the Department of Justice, shall review the Amber Plan as
adopted by other states and Orange County's Child Abduction
Regional Emergency Alert Program for guidance in developing
appropriate policies and procedures for use of the Emergency
Alert System and, where appropriate, other supplemental
warning systems to report qualifying abductions.
AS PASSED BY THE ASSEMBLY, this bill created the California
Department of Financial Services.
FISCAL EFFECT : According to the Senate Appropriations
Committee, DOJ notifications/information minor and absorbable
workload. General mandate: local law enforcement; potentially
significant costs.
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COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
This bill, as amended in the Senate is inconsistent with
Assembly actions.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0006548