Bill Text: CA AB34 | 2009-2010 | Regular Session | Chaptered
Bill Title: Reports of missing persons: Violent Crime Information
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-09-24 - Chaptered by Secretary of State - Chapter 225, Statutes of 2010. [AB34 Detail]
Download: California-2009-AB34-Chaptered.html
BILL NUMBER: AB 34 CHAPTERED
BILL TEXT
CHAPTER 225
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2010
APPROVED BY GOVERNOR SEPTEMBER 23, 2010
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN SENATE AUGUST 19, 2010
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN SENATE MAY 18, 2010
AMENDED IN SENATE SEPTEMBER 3, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Members Nava and Cook
DECEMBER 1, 2008
An act to amend Section 14205 of, and to add Section 14201.3 to,
the Penal Code, relating to missing persons.
LEGISLATIVE COUNSEL'S DIGEST
AB 34, Nava. Reports of missing persons: Violent Crime Information
Center.
Existing law requires the Attorney General to establish and
maintain a Violent Crime Information Center to assist in the
identification and apprehension of persons responsible for specific
violent crimes and for the disappearance and exploitation of persons,
particularly children and dependent adults. Existing law also
requires the Attorney General to provide information on reports of
missing persons to law enforcement agencies, as provided.
This bill would require 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 to the
National Missing and Unidentified Persons System to assist in the
search for the missing person or persons.
Existing law imposes certain requirements on law enforcement
agencies with respect to the reporting of missing persons. Under
existing law, if the person reported missing is under 16 years of
age, or there is evidence that the person is at risk, as defined, the
local police, sheriff's department, or the California Highway Patrol
is required to submit the report to the Attorney General's office
within 4 hours after accepting the report. Existing law authorizes
the governing body of a local agency to adopt a resolution to make
these provisions inoperative as to the local police or sheriff's
department under its jurisdiction, as specified.
This bill would, subject to the authority of the local governing
body to adopt a resolution to make the provisions inoperative as to
its police or sheriff's department, provide 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 2 hours after the receipt of the report,
transmit the report to the Department of Justice for inclusion in the
Violent Crime Information Center and the National Crime Information
Center databases.
The bill would provide that its provisions shall become operative
on January 1, 2012.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14201.3 is added to the Penal Code, to read:
14201.3. The center shall 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. The information shall be accessible in a manner
and format approved by the center and shall be used to assist in the
search for the missing person or persons. The center shall not
permit the transmission or sharing of information, or portions of
information, to the National Missing and Unidentified Persons System
unless the reporting agency, as specified in Section 14205, or the
reporting party, with respect to the information submitted to the
center, submits authorization to the center to transmit or share that
information.
SEC. 2. Section 14205 of the Penal Code is amended to read:
14205. (a) All local police and sheriffs' departments shall
accept any report, including any telephonic report, of a missing
person, including runaways, without delay and shall 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, including by
telephone, the California Highway Patrol, the California Highway
Patrol may take the report, and shall 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. In cases of reports involving missing persons,
including, but not limited to, runaways, the local police or sheriff'
s department shall immediately take the report and make an assessment
of reasonable steps to be taken to locate the person. If the missing
person is under 16 years of age, or there is evidence that the
person is at risk, the department shall broadcast a "Be On the
Look-Out" bulletin, without delay, within its jurisdiction.
(b) 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 Department of Justice for
inclusion in the Violent Crime Information Center and the National
Crime Information Center databases.
(c) 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 California Highway Patrol
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 also be submitted by the department or
division of the California Highway Patrol which took the report to
the center.
(d) The requirements imposed by this section on local police and
sheriffs' departments shall not be operative if the governing body of
that local agency, by a majority vote of the members of that body,
adopts a resolution expressly making those requirements inoperative.
SEC. 3. This act shall become operative on January 1, 2012.
