Existing law requires all local police and sheriffs' departments to accept reports of missing persons without delay and to use a specified form in order to obtain the release of dental or skeletal X-ray records, as provided. If the missing person is under 21 years of age, or the person is determined to be at risk, existing law requires the police department or sheriff's department to broadcast a "Be On the Lookout" bulletin and to transmit the report to the Department of Justice, as provided.
Under existing law, these requirements are not operative in a local jurisdiction if the governing body of a local agency adopts a resolution expressly making these requirements inoperative.
This bill would delete the authorization to make the reporting requirements inoperative in a local jurisdiction by resolution, thereby making those requirements mandatory and imposing a state-mandated local program.
If a missing person is determined to be an at-risk person and has not been found within 30 days, existing law allows a law enforcement agency to execute a written declaration in order to facilitate the release of dental or skeletal X-rays, or both, and treatment notes.
This bill would make the execution of a written declaration by the law enforcement agency mandatory if those records have not otherwise been obtained. By imposing new duties on local law enforcement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Statutes affected:
SB388: 14211 PEN, 14212 PEN
02/20/19 - Introduced: 14211 PEN, 14212 PEN
01/06/20 - Amended Senate: 14211 PEN, 14212 PEN