Amended in Senate February 25, 2014

Senate Bill No. 846

Introduced by Senator Galgiani

January 9, 2014

An act to begin delete amend Section 14200 of end delete begin insert add Section 14201.2 to end insert the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 846, as amended, Galgiani. Crimes: Violent Crime Information Center.

Existing law establishes the Attorney General as the chief law officer of the state, and grants the Attorney General specified law enforcement powers. Existing law requires the Attorney General to establish and maintain a Violent Crime Information Center to assist in the identification and apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law also requires the Attorney General to provide information on reports of missing persons to law enforcement agencies, as provided.

This bill would clarify begin delete that the Attorney General is authorized to perform the duties relating to the Violent Crime Information Center independent of a request from another law enforcement agency end delete begin insert that, notwithstanding any other law, a law enforcement agency is authorized to request a copy of information or data maintained by the Department of Justice relating to the Violent Crime Information Center. The bill would also provide related legislative findings and declarations end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) Unsolved missing and unidentified persons investigations
generally lack an obvious connection between the offender and
the victim.

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(b) There is a high probability that unsolved missing and
unidentified persons cases across local jurisdictions may be linked
together.

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(c) It is the intent of the Legislature to do all of the following:

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(1) Enable the criminal justice community to generate a more
effective response in the identification, investigation, and
adjudication of unsolved missing and unidentified persons cases.

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(2) Enable the Attorney General to provide local law
enforcement agencies with access to existing informational
resources within the Department of Justice for the purpose of
linking, and eventually resolving, unsolved missing and unidentified
persons cases that were previously unknown to be related.

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(3) Authorize local law enforcement agencies from all local
jurisdictions within California to request existing information and
data maintained by the Department of Justice, for the purpose of
linking, and eventually resolving, unsolved missing and unidentified
persons cases.

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begin insert SEC. 2. end insert   

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begin insert Section 14201.2 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

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begin insert 14201.2. end insert   

Notwithstanding any other law, a law enforcement
agency may request a copy of information or data maintained by
the Department of Justice pursuant to this title, for the purpose of
linking an unsolved missing or unidentified person case with
another case that was previously unknown to be related to that
case, or for the purpose of resolving an unsolved missing or
unidentified person case.

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SECTION 1.  

Section 14200 of the Penal Code is amended to
read:

14200.  

(a) The Attorney General shall 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. The center shall
establish and maintain programs which include, but are not limited
to, all of the following: developing violent offender profiles;
assisting local law enforcement agencies and county district
attorneys by providing investigative information on persons
responsible for specific violent crimes and missing person cases;
providing physical description information and photographs, if
available, of missing persons to county district attorneys, nonprofit
missing persons organizations, and schools; and providing statistics
on missing dependent adults and on missing children, including,
as may be applicable, family abductions, nonfamily abductions,
voluntary missing, and lost children or lost dependent adults.

(b) The Attorney General, independent of a request from another
law enforcement agency, may perform the duties imposed under
this title pursuant to the Attorney General’s law enforcement
powers established by Section 13 of Article V of the California
Constitution.

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