BILL NUMBER: SB 1330 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Galgiani
FEBRUARY 19, 2016
An act to amend Section 8594.10 of the Government Code, and
to amend Section 14215 of the Penal Code, relating to missing
persons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1330, as amended, Galgiani. Missing persons.
(1) Existing law authorizes a law enforcement agency to request
the Department of the California Highway Patrol to activate a Silver
Alert, as defined, if the agency receives a report of a missing
person who is 65 years of age or older, developmentally disabled, or
cognitively impaired, and certain conditions are met, including that
all local resources have been utilized and the disappearance is
unexplained or suspicious.
This bill would remove the requirement that the investigating law
enforcement agency have used all available resources.
Existing
(2) 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.
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 8594.10 of the
Government Code is amended to read:
8594.10. (a) For purposes of this section, "Silver Alert" means a
notification system, activated pursuant to subdivision (b), designed
to issue and coordinate alerts with respect to a person who is 65
years of age or older, developmentally disabled, or cognitively
impaired, and who is reported missing.
(b) (1) If a person is reported missing to a law enforcement
agency and that agency determines that the requirements of
subdivision (c) are met, the agency may request the Department of the
California Highway Patrol to activate a Silver Alert. If the
Department of the California Highway Patrol concurs that the
requirements of subdivision (c) are met, it shall activate a Silver
Alert within the geographical area requested by the investigating law
enforcement agency.
(2) Radio, television, and cable and satellite systems are
encouraged to, but not required to, cooperate with disseminating the
information contained in a Silver Alert.
(3) Upon activation of a Silver Alert, the Department of the
California Highway Patrol shall assist the investigating law
enforcement agency by issuing a be-on-the-lookout alert, an Emergency
Digital Information Service message, an electronic flyer, or a
changeable message sign in compliance with paragraph (4).
(4) Upon activation of a Silver Alert, the Department of the
California Highway Patrol may use a changeable message sign if both
of the following conditions are met:
(A) A law enforcement agency determines that a vehicle may be
involved in the missing person incident.
(B) Specific vehicle identification is available for public
dissemination.
(c) A law enforcement agency may request a Silver Alert be
activated if that agency determines that all of the following
conditions are met in regard to the investigation of the missing
person:
(1) The missing person is 65 years of age or older,
developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all
available local resources.
(3)
(2) The law enforcement agency determines that the
person has gone missing under unexplained or suspicious
circumstances.
(4)
(3) The law enforcement agency believes that the person
is in danger because of age, health, mental or physical disability,
or environment or weather conditions, that the person is in the
company of a potentially dangerous person, or that there are other
factors indicating that the person may be in peril.
(5)
(4) There is information available that, if
disseminated to the public, could assist in the safe recovery of the
missing person.
(d) For purposes of this section, the following definitions have
the following meanings:
(1) "Developmentally disabled" means affected by a developmental
disability, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code.
(2) "Cognitively impaired" means affected by a cognitive
impairment, as defined in Section 14522.4 of the Welfare and
Institutions Code.
SECTION 1. SEC. 2. 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" 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, 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.