BILL ANALYSIS �
SB 1066
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SENATE THIRD READING
SB 1066 (Galgiani)
As Amended July 3, 2014
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Lowenthal |
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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
45 days 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
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identity of the body or human remains of an unidentified
person include any anthropology report, fingerprints,
photographs, and autopsy report.
5)Increases the age that a "Be On the Look-Out bulletin" (BOLO)
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 DOJ.
6)Requires DOJ publicly accessible computer internet directory
of information to 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
California Highway Patrol 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 the AG's Office forward the information to the National
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Crime Information Center.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown, likely minor, non-reimbursable costs to local
entities for additional autopsy requirements related to
unidentified persons, as these examinations are discretionary.
2)Unknown, potentially moderate, non-reimbursable local law
enforcement costs to expand BOLO-related requirements from
persons under the age of 16 to persons under the age of 21.
3)Absorbable state General Fund costs to DOJ for expanded
database requirements.
COMMENTS : 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0004434
SB 1066
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