BILL ANALYSIS �
SB 1066
Page 1
Date of Hearing: June 17, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1066 (Galgiani) - As Amended: May 27, 2014
SUMMARY : Revises, recasts, and renumbers several provisions of
law relating to missing or unidentified persons. Specifically,
this bill :
1)Expands the requirements for the conduct of a postmortem
examination of an unidentified deceased person to a medical
examiner, or other agency responsible for a postmortem
examination or autopsy.
2)Requires a coroner, medical examiner, or other agency
investigating the death of an unidentified person to report
the death to the Department of Justice (DOJ) no later than 10
calendar days from the date of discovery, using the
department's Unidentified Deceased Person Reporting form.
3)Expands provisions of law that requires specified information
related to the investigation into the identity of an
unidentified person be submitted, by a coroner, to DOJ within
45days and 180 days, respectively, to apply to a police
department, sheriff's office, medical examiner, or other law
enforcement agency investigating the death of an unidentified
person.
4)Requires that the final report of the investigation into the
identity of the body or human remains of an unidentified
person include any homicide report, anthropology report,
fingerprints, photographs, and autopsy report.
5)Increases the age that a "Be On the Look-Out bulletin" be
issued for a missing person or if there is evidence that the
person is at risk from 16 to 21 years of age, and requires
that these bulletins be issued by police or sheriff's
department within its jurisdiction, in addition to the DOJ.
6)Requires the DOJ publicly accessible computer internet
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directory of information include information related to
at-risk missing persons and unidentified persons.
7)Increases from 16 to 21 years of age, the age at which a
missing person or runaway report taken by a department, other
than that of a city or county of residence of the missing
person or runaway, the department, or division of the CHP
taking the report is required without delay, and within no
more than 24 hours, to notify and forward a copy of the report
to the police or sheriff's department having jurisdiction over
the missing person or runaway's residence, and of the place
where the person was last seen.
8)Requires a law enforcement agency receiving a report, in cases
where the person reported missing is under 21 years of age, or
if there is evidence the person is at risk, to electronically
report to DOJ via the California Law Enforcement
Telecommunications System within two hours of receiving the
report, as specified. Information not available for
electronic transmission must be obtained by the investigating
agency and provided as a supplement to the original entry as
soon as possible, but not later than 60 days after the
electronic entry. Supplemental information may include:
dental records; fingerprints; photographs; description of
physical characteristics; description of clothing; vehicle
information; and, other information describing any person or
vehicle believed to be involved in taking, abducting or
retaining the missing person.
9)Makes the Attorney General's (AG's) Office database the
statewide database for dental or skeletal x-rays,
and requires that he AG's Office forward the information to the
National Crime Information Center) NCIC.
10)Deletes references to "dependent" adults and replaces that
term with the term "at-risk" adults.
11)Recasts and renumbers numerous code sections, makes
conforming cross references and technical amendments.
EXISTING LAW :
1)Provides that a postmortem examination or autopsy conducted at
the discretion of a coroner upon an unidentified body or human
remains shall include, but shall not be limited to the
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following procedures:
a) Taking of all available fingerprints and palm prints;
b) A dental examination consisting of dental charts and
dental X-rays of the deceased person's teeth, which may be
conducted on the body or human remains by a qualified
dentist.
c) The collection of tissue, including a hair sample, or
body fluid samples for future DNA testing, if necessary;
d) Frontal and lateral facial photographs with the scale
indicated;
e) Notations and photographs, with a scale, of significant
scars, marks, tattoos, clothing items, or other personal
effects found with or near the body;
f) Notations of observations pertinent to the estimation of
the time of death; and,
g) Precise documentation of the location of the remains.
(Gov. Code, � 27521, subds. (a) & (b).)
2)Requires the coroner to prepare a final report of the
investigation into the identity of an unidentified person in a
format established by the DOJ, and requires that the report
list or describe the information collected pursuant to the
postmortem examination or autopsy. (Gov. Code, � 27521, subd.
(d).)
3)Requires the coroner to retain the jaws and other tissue
samples of the deceased person for one year after a positive
identification is made, and no civil or criminal challenges
are pending, or indefinitely. (Gov. Code, � 27521, subd.
(e).)
4)Provides that if the coroner is unable to establish the
identity of the body or human remains, the coroner is required
to submit dental charts and dental X-rays of the unidentified
deceased person to the DOJ within 45 days of the date the body
or human remains were discovered, and is required to submit
the final report of the investigation to the DOJ within 180
days of the body or human remains were discovered. (Gov.
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Code, � 27521, subds. (f) & (g).)
5)Requires a law enforcement agency investigating the death of
an unidentified person to report the death to the DOJ no later
than 10 calendar days after the date the body or human remains
were discovered. (Gov. Code, � 27521.1, subd (a).)
6)Requires the AG to maintain the Violent Crime Information
Center (VCIC) 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 is
required to assist local law enforcement agencies and county
district attorneys by providing investigative information on
persons responsible for specific violent crimes and missing
persons cases. (Pen. Code � 14200.)
7)Mandates the AG to establish and maintain a computer system
designed to effect an immediate law enforcement response to
reports of missing persons. This system must include an
active file of information concerning persons reported to it
as missing and who have not been reported as found. The
computer system is to be made available to law enforcement
agencies. However, the AG shall not release the information
if the reporting agency requests the AG in writing not to
release the information because it would impair a criminal
investigation. (Pen. Code � 14201.)
8)Establishes, upon appropriation of funds by the Legislature,
the Violent Crime Information Network (VCIN) within the VCIC
to enable the DOJ crime analysts with expertise in child
abuse, missing persons, child abductions, and sexual assaults
to electronically share their data, analysis, and findings on
violent crime cases with each other, and to electronically
provide law enforcement agencies with information to assist in
the identification, tracking, and apprehension of violent
offenders. The VCIN shall serve to integrate existing state,
federal, and civilian data bases into a single comprehensive
network. (Pen. Code � 14201.1.)
9)Requires the VCIC to make accessible to the National Missing
and Unidentified Persons System specific information
authorized for dissemination and as determined appropriate by
the center that is contained in law enforcement reports
regarding missing or unidentified persons. (Pen. Code �
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14201.3.)
10) Requires the AG to establish the Missing and Exploited
Children's Recovery Network, an automated computerized system
that has the capability to electronically transmit to all
state and local law enforcement agencies, and all cooperating
news media services, either by facsimile or computer modem, a
missing child poster that includes the name, personal
description data, and picture of the missing child. (Pen.
Code � 14201.5.)
11)Mandates the AG to establish and maintain 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.
(Pen. Code � 14202.)
12)Requires the AG to provide training on the services provided
by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement,
district attorneys' offices, the Department of Corrections and
Rehabilitation, probation departments, court mediation
services, and the judiciary. (Pen. Code, � 14204.)
13)Requires all local police and sheriffs' departments to accept
any report, including any telephonic report, of a missing
person, including runaways. Local police and sheriffs'
departments are required to give priority to the handling of
these reports over the handling of reports relating to crimes
involving property. In cases where the person making a report
of a missing person or runaway, contacts the California
Highway Patrol (CHP), the CHP may take the report, and must
immediately advise the person making the report of the name
and telephone number of the police or sheriff's department
having jurisdiction of the residence address of the missing
person and of the name and telephone number of the police or
sheriff's department having jurisdiction of the place where
the person was last seen. If the missing person is under 16
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years of age, or there is evidence that the person is at risk,
the department shall broadcast a "Be On the Look-Out" bulletin
within its jurisdiction. (Pen. Code, � 14205, subd. (a).)
14)Requires that if the person reported missing is under 21
years of age, or if there is evidence that the person is at
risk, the law enforcement agency receiving the report shall,
within two hours after the receipt of the report, transmit the
report to the DOJ for inclusion in the VCIC and the NCIC
databases. (Pen. Code, � 14205, subd. (b).)
15)Provides that in cases where the report is taken by a
department, other than that of the city or county of residence
of the missing person or runaway, the department, or division
of the CHP taking the report shall, without delay, and, in
the case of children under 16 years of age or where there was
evidence that the missing person was at risk, within no more
than 24 hours, notify, and forward a copy of the report to the
police or sheriff's department or departments having
jurisdiction of the residence address of the missing person or
runaway and of the place where the person was last seen. The
report shall be submitted to the department or division of the
CHP that took the report to the VCIC. (Pen. Code, � 14205,
subd. (c).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Inconsistencies
and outdated language across various sections cause confusion
for both Law Enforcement Agencies and the Department of
Justice. Due to the way the sections have evolved over time,
the requirements are not outlined in a clear consistent manner
for agencies to implement. In addition, contradictory
language across statutes results in delay's in the reporting
of information in both missing and unidentified persons cases.
This bill provides clarity to law enforcement agencies and
the DOJ, so that they can focus on the important task of
working to bring loved ones home."
REGISTERED SUPPORT / OPPOSITION :
Support
SB 1066
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None
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744