Amended in Assembly July 3, 2014

Amended in Assembly May 28, 2014

Amended in Senate February 25, 2014

Senate BillNo. 846


Introduced by Senator Galgiani

(Coauthor: Senator Gaines)

January 9, 2014


An act to add Section 14201.2 to 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 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.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

begin insert

3(a) According to a 2014 report by the National Center for
4Missing and Exploited Children entitled “The Identification of
5Unknown Child Remains: Analysis of 25 Years of Recoveries and
6Lessons Learned,” 68 percent of suspects in child abduction cases
7were known to the victim. Of those suspects known to the victim,
840 percent were family members and 60 percent were
9acquaintances.

end insert
begin delete

3 10(a)

end delete

11begin insert(b)end insert Unsolved missing and unidentified persons investigations
12generally lack an obvious connection between the offender and
13the victim.

begin delete

6 14(b)

end delete

15begin insert(c)end insert There is a high probability that unsolved missing and
16unidentified persons cases across local jurisdictions may be linked
17together.

begin delete

9 18(c)

end delete

19begin insert(d)end insert It is the intent of the Legislature to do all of the following:

20(1) Enable law enforcement agencies to generate a more
21effective response in the identification, investigation, and
22adjudication of unsolved missing and unidentified persons cases.

23(2) Enable the Attorney General to provide local law
24enforcement agencies with access to existing informational
25resources within the Department of Justice for the purpose of
26linking, and eventually resolving, unsolved missing and
27unidentified persons cases that were previously unknown to be
28related.

29(3) Authorize local law enforcement agencies from all local
30jurisdictions within California to request existing information and
31data maintained by the Department of Justice, for the purpose of
32linking, and eventually resolving, unsolved missing and
33unidentified persons cases.

34

SEC. 2.  

Section 14201.2 is added to the Penal Code, to read:

35

14201.2.  

Notwithstanding any other law, a law enforcement
36agency may request a copy of information or data maintained by
37the Department of Justice pursuant to this title, for the purpose of
38linking an unsolved missing or unidentified person case with
P3    1another case that was previously unknown to be related to that
2case, or for the purpose of resolving an unsolved missing or
3unidentified person case.begin insert This section does not supersede
4subdivision (b) of Section 14201 or subdivision (e) of Section
514203.end insert



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