BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1066
Author: Galgiani (D), et al.
Amended: 8/18/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 37-0, 5/28/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Wright, Yee
ASSEMBLY FLOOR : 78-0, 8/20/14 - See last page for vote
SUBJECT : Missing or unidentified persons
SOURCE : Author
DIGEST : This bill amends several code sections relating to
missing and unidentified persons, as specified.
Assembly Amendments are technical and clarifying.
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ANALYSIS : Existing law:
1. Requires, in cases involving an unidentified body or human
remains, a postmortem examination or autopsy be conducted in
accordance with the following procedures:
A. Taking of all available fingerprints and palms 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. Notation 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.
G. Precise documentation of the location of the remains.
The coroner is required to prepare a final report of
investigation in a format established by the Department of
Justice (DOJ).
1. 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.
2. Requires a law enforcement agency investigating the death
of an unidentified person to report the death to DOJ no
later than 10 calendar days after the date the body or human
remains were discovered.
3. States that if the coroner is unable to establish the
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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 DOJ within 45 days of the
date the body or human remains were discovered.
4. States that if the coroner is unable to establish the
identity of the body or human remains, the coroner is
required to submit the final report of investigation to DOJ
within 180 days of the date the body or human remains were
discovered.
5. Requires the Attorney General to 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 is required to, among other things, assist local law
enforcement agencies and county district attorneys by
providing investigative information on persons responsible
for specific violent crimes and missing person cases.
6. Requires the Attorney General 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
Attorney General shall not release the information if the
reporting agency requests the Attorney General in writing
not to release the information because it would impair a
criminal investigation.
7. Requires the Attorney General to establish and maintain,
upon appropriation of funds by the Legislature, the Violent
Crime Information Network within the center 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 Violent Crime Information Network shall
serve to integrate existing state, federal, and civilian
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data bases into a single comprehensive network.
8. Requires the Violent Crime Information Center 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.
9. Requires DOJ 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.
This bill makes numerous changes to the code sections relating
to missing and unidentified persons by:
1.Requiring medical examiners and other agencies responsible for
postmortem exams or autopsies follow certain procedures when
conducting an autopsy on an unidentified body or human
remains.
2.Providing that if coroner, medical examiner, or other agency
performing a postmortem examination or autopsy with the aid of
the dental examination and any other identifying findings is
unable to establish the identity of the body or human remains,
the coroner, medical examiner, or other agency shall submit
dental charts and dental X-rays of the unidentified deceased
person to DOJ on forms supplied by DOJ 45 days of the date the
body or human remains were discovered.
3.Provides that if the coroner, medical examiner, or other
agency performing a postmortem examination or autopsy with the
aid of the dental examination and other identifying findings
is unable to establish the identity of the body or human
remains, the coroner, medical examiner, or other agency shall
submit the final report of investigation to DOJ within 180
days of the date the body or human remains were discovered.
4.Requires that the final report of investigation include any
homicide report, anthropology report, fingerprints,
photographs, and autopsy report.
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5.Requires the DOJ computer internet directory of information to
include at-risk missing persons and unidentified persons.
6.Requires a "Be On the Lookout" bulletin for any missing person
under 21 years of age.
7.Requires, in cases where a report is taken by a department,
other than that of a city or county of residence of the
missing person or runaway, DOJ, or division of the Department
of California Highway Patrol taking the report shall, without
delay and in the case of persons under 21 year of age, to
notify local law enforcement within 24 hours.
8.Deletes reference to "dependent adult" as specified.
9.Requires local law enforcement, in cases where the person
reported missing is under 21 years of age, or if there is
evidence that the person is at risk, to electronically report
to DOJ within two hours, as specified. Information not
available for electronic transmission must be obtained by the
investigation 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.
10.Makes the Attorney General's Office's database the statewide
database for x-rays, and would require the Attorney General's
Office to forward the information to the National Crime
Information Center.
Comments
According to the author, this bill is clarifying and technical
in nature and cleans up and renumbers penal codes regarding
missing persons. This bill extends requirements that are
applicable to missing persons under 16 years of age to missing
persons under 21 years of age. The bill expands
responsibilities and applies provisions in current law to a
police department, sheriff's office, medical examiner or other
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law enforcement agency investigating the death of an
unidentified person. The bill also requires the DOJ to serve as
a statewide repository for final reports of investigation and to
maintain dental records. Existing law requires DOJ to establish
and maintain a publicly accessible computer Internet directory
of information relating to, among other things, missing children
who are "at risk," and unsolved homicides. This bill expands
those provisions to include persons who are at risk, and
unidentified persons.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Significant ongoing costs, potentially state-reimbursable
(General Fund), for coroners and county medical examiners to
report to DOJ on investigations of death of unidentified
persons within 10 days, as specified.
Non-reimbursable costs (Local) for county medical examiners
and other local agencies to follow certain procedures when
conducting an autopsy on an unidentified person, as the
examinations are discretionary.
Potentially significant state-reimbursable local costs
(General Fund) for local law enforcement, coroners, and county
medical examiners to submit dental charts, x-rays, and final
reports of investigation to DOJ, as specified, for cases in
which the identity of the body or human remains cannot be
established.
Potentially significant non-reimbursable local costs to police
and sheriffs' departments to broadcast "Be On the Lookout"
bulletins for a larger population of missing persons up to age
21(currently bulletins are issued for missing persons under 16
years of age) and report electronically to DOJ, as specified.
ASSEMBLY FLOOR : 78-0, 08/20/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
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Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Grove, Vacancy
JG:nl 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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