BILL NUMBER: SB 1330	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 19, 2016

   An act to amend Section  12300 of the Fish and Game Code,
relating to Native Americans.   14215 of the Penal Code,
relating to missing persons. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1330, as amended, Galgiani.  California Indian tribe
members.   Missing persons.  
   Existing law requires the Attorney General to maintain a directory
of at-risk missing persons. Existing law requires police or sheriff
departments, if there is evidence that a missing person is at-risk,
to broadcast a bulletin within its jurisdiction. Existing law defines
at-risk as including, among other things, a missing person who is
mentally impaired.  
   This bill would clarify that an at-risk includes a person who is
cognitively impaired or developmentally disabled.  
   Existing law, except as specified, exempts members of California
Indian tribes from laws regulating fish and wildlife while on the
tribal reservation.  
   This bill would make nonsubstantive changes to these provisions.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 14215 of the   Penal
Code   is amended to read: 
   14215.  (a) As used in this title, "missing person" includes, but
is not limited to, any of the following:
   (1) An at-risk adult.
   (2) A child who has been taken, detained, concealed, enticed away,
or retained by a parent in violation of Chapter 4 (commencing with
Section 277) of Title 9 of Part 1.
   (3) A child who is missing voluntarily or involuntarily, or under
circumstances not conforming to his or her ordinary habits or
behavior and who may be in need of assistance.
   (b) As used in this title,  "at risk"  
"at-risk"  means there is evidence of, or there are indications
of, any of the following:
   (1) The person missing is the victim of a crime or foul play.
   (2) The person missing is in need of medical attention.
   (3) The person missing has no pattern of running away or
disappearing.
   (4) The person missing may be the victim of parental abduction.
   (5) The person missing is mentally  impaired. 
 impaired, including cognitively impaired or developmentally
disabled. 
   (c) As used in this title, "child" is any person under 18 years of
age.
   (d) As used in this title, "center" means the Violent Crime
Information Center.
   (e) As used in this title, "dental or medical records or X-rays"
include all those records or X-rays which are in the possession of a
dentist, physician and surgeon, or medical facility.
   (f) As used in this title, "unidentified person" means a person,
living or deceased, whose identity the local investigative agency is
unable to determine. 
       
  SECTION 1.    Section 12300 of the Fish and Game
Code is amended to read:
   12300.  (a) Notwithstanding any other law, the provisions of this
code are not applicable to a member of a California Indian tribe
whose name is inscribed upon the tribal roll, while on the
reservation of that tribe and under those circumstances in this state
where the code was not applicable to them immediately before the
effective date of Public Law 280, Chapter 505, First Session, 1953,
83d Congress of the United States.
   (b) A member of a California Indian tribe described in subdivision
(a)shall not be prosecuted for a violation of this code occurring in
the places and under the circumstances described in subdivision (a).
Nothing in this section, however, prohibits or restricts the
prosecution of any member of a California Indian tribe for the
violation of a provision of this code prohibiting the sale of a bird,
mammal, fish, amphibian, or reptile.