BILL NUMBER: SB 1330AMENDED 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.