"u.s.a"california penal code

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14170. (a) It is the intent of the Legislature in enacting this
measure to enhance crime prevention efforts by establishing a pilot
program to strengthen the ability of law enforcement agencies in
rural areas to detect and monitor agricultural- and rural-based
crimes.
(b) The County of Tulare has developed the Rural Crime
Demonstration Project administered by the Tulare County District
Attorney's office under a joint powers agreement with the Tulare
County Sheriff's office entered into pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code.
The parties to that agreement formed a task force to include the
office of the Tulare County Agricultural Commissioner. The task
force is an interactive team working together to develop problem
solving and crime control techniques, to encourage timely reporting
of crimes, and to evaluate the results of these activities. The task
force conducts joint operations in order to facilitate investigative
coordination. The task force consults with experts from the United
States military, the California Military Department, the Department
of Justice, other law enforcement entities, and various other state
and private organizations as deemed necessary to maximize the
effectiveness of the task force. Media and community support have
been solicited to promote the task force.
The Rural Crime Demonstration Project has proven its cost
effectiveness. It is appropriate that the project be expanded into a
program that will allow the County of Tulare to continue to operate
the task force formed under the above described joint powers
agreement, and to permit the Counties of Fresno, Kern, Kings, Madera,
Merced, San Joaquin, and Stanislaus to establish their own programs,
pursuant to the provisions of this title, and to collectively
establish a task force for the prevention of rural crime in those
counties.
(c) The Legislature finds and declares that California has
experienced an escalation in agricultural crimes in general, both
property and personal, and that there has been no concentrated effort
applied to the prevention of crimes against the agricultural
industry. Currently, no national or state agency keeps track of
statistics on agricultural and rural crime. According to media
reports, this state lost millions of dollars worth of crops,
livestock, and equipment in 1994 and 1995. A majority of these
crimes occurred in agricultural-based counties. However, there has
been no effort on the part of any state or local agency to accurately
record these types of crimes.
The Legislature further finds and declares that there are no state
or local law enforcement agencies in this state with programs that
are specially designed to detect or monitor agricultural- and
rural-based criminal activities. In addition, local law enforcement
agencies do not possess the jurisdictional authority, investigative
facilities, or data systems to coordinate a comprehensive approach to
the state's agricultural and rural crime problem.
The Legislature additionally finds and declares that the
proliferation of agricultural and rural crime in the various rural
counties of this state is a threat to the vitality of our rich
agrarian tradition. Agricultural and rural crime, if left unchecked,
endangers an entire industry that is vital to America's continued
economic role in the world, and therefore requires a proactive
response from the Legislature. The intent of the Legislature in
authorizing the Central Valley Rural Crime Prevention Program
pursuant to this act is to provide for the protection and safety of
the state's agriculture industry by creating statewide standards and
methods of detecting and tracking agrarian and rural crime.




14171. (a) Each of the Counties of Fresno, Kern, Kings, Madera,
Merced, San Joaquin, Stanislaus, and Tulare may develop within its
respective jurisdiction a Central Valley Rural Crime Prevention
Program, which shall be administered by the county district attorney'
s office of each respective county under a joint powers agreement
with the corresponding county sheriff's office entered into pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
of the Government Code.
(b) The parties to each agreement shall form a regional task force
that shall be known as the Central Valley Rural Crime Task Force,
that includes the respective county office of the county agricultural
commissioner, the county district attorney, the county sheriff, and
interested property owner groups or associations. The task force
shall be an interactive team working together to develop crime
prevention, problem solving, and crime control techniques, to
encourage timely reporting of crimes, and to evaluate the results of
these activities. The task force shall operate from a joint facility
in order to facilitate investigative coordination. The task force
shall also consult with experts from the United States military, the
California Military Department, the Department of Justice, other law
enforcement entities, and various other state and private
organizations as deemed necessary to maximize the effectiveness of
this program. Media and community support shall be solicited to
promote this program. Each of the designated counties shall adopt
rules and regulations for the implementation and administration of
this program.
(1) In order to receive funds for this program, each designated
county shall agree to participate in a regional task force, to be
known as the Central Valley Rural Crime Task Force, and shall appoint
a representative to that task force.
(2) The Central Valley Rural Crime Task Force shall develop rural
crime prevention programs containing a system for reporting rural
crimes that enables the swift recovery of stolen goods and the
apprehension of criminal suspects for prosecution. The task force
shall develop computer software and use communication technology to
implement the reporting system, although the task force is not
limited to the use of these means to achieve the stated goals.
(3) The Central Valley Rural Crime Task Force shall develop a
uniform procedure for all participating counties to collect, and each
participating county shall collect, data on agricultural crimes. The
task force shall also establish a central database for the
collection and maintenance of data on agricultural crimes and
designate one participating county to maintain the database. State
funds the counties receive to operate their rural crime prevention
programs may be used to implement the requirements of this paragraph.
This paragraph does not prohibit counties from using their own funds
to implement the paragraph's provisions, however, it is the
Legislature's intent that this paragraph shall not be construed as
creating a state-mandated local program.
(c) The staff for each program shall consist of the personnel
designated by the district attorney and sheriff for each county in
accordance with the joint powers agreement.




14173. It is the intent of the Legislature that any funds
appropriated to the Central Valley Rural Crime Prevention Program be
distributed according to the following schedule:



Fresno ......................... 23%

Kern ........................... 17%

Kings .......................... 8.5%

Madera ......................... 5.5%

Merced ......................... 8.5%

San Joaquin .................... 8.5%

Stanislaus ..................... 8.5%

Tulare ......................... 20.5%




14174. Funds appropriated for the purposes of this title shall be
allocated based on the counties' compliance with paragraph (3) of
subdivision (b) of Section 14171.



14175. This title shall become inoperative on July 1, 2012, and is
repealed as of January 1, 2013, unless a later enacted statute, which
is enacted before January 1, 2013, deletes or extends that date.[/align]

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14180. The Legislature encourages the Counties of Monterey, San
Benito, Santa Barbara, Santa Cruz, and San Luis Obispo to develop,
adopt, and implement a Central Coast Rural Crime Prevention Program
based upon the Central Valley Rural Crime Prevention Program
established by Title 11.5 (commencing with Section 14170) of Part 4.




14181. (a) The Counties of Monterey, San Luis Obispo, Santa
Barbara, Santa Cruz, and San Benito may each develop within its
respective jurisdiction a Central Coast Rural Crime Prevention
Program, which shall be administered in San Benito County, Santa
Barbara County, Santa Cruz County, and San Luis Obispo County by the
county district attorney's office under a joint powers agreement with
the county sheriff's office, and in Monterey County by the county
sheriff's office under a joint powers agreement with the county
district attorney's office. Each joint powers agreement shall be
entered into pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
(b) The parties to each agreement shall form a regional task force
that shall be known as the Central Coast Rural Crime Task Force,
that includes the respective county office of the county agricultural
commissioner, the county district attorney, the county sheriff, and
interested property owner groups or associations. The task force
shall be an interactive team working together to develop crime
prevention, problem solving, and crime control techniques, to
encourage timely reporting of crimes, and to evaluate the results of
these activities. The task force shall operate from a joint facility
in order to facilitate investigative coordination. The task force
shall also consult with experts from the United States military,
other law enforcement entities, and various private organizations as
deemed necessary to maximize the effectiveness of this program.
Media and community support shall be solicited to promote this
program. Each of the designated counties shall adopt rules and
regulations for the implementation and administration of this
program.
(1) The Central Coast Rural Crime Task Force shall develop rural
crime prevention programs containing a system for reporting rural
crimes that enables the swift recovery of stolen goods and the
apprehension of criminal suspects for prosecution. The task force
shall develop computer software and use communication technology to
implement the reporting system, although the task force is not
limited to the use of these means to achieve the stated goals.
(2) The Central Coast Rural Crime Task Force shall develop a
uniform procedure for all participating counties to collect, and each
participating county shall collect, data on agricultural crimes.
The task force shall also establish a central database for the
collection and maintenance of data on agricultural crimes and
designate one participating county to maintain the database.
(c) The staff for each program shall consist of the personnel
designated by the district attorney and sheriff for each county in
accordance with the joint powers agreement.


14182. Sources of funding for the program may include, but shall
not be limited to, appropriations from local government and private
contributions.


14183. This title shall become inoperative on July 1, 2010, and is
repealed as of January 1, 2011, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends those dates.[/align]

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14200. The Attorney General shall establish and maintain the
Violent Crime Information Center to assist in the identification and
the apprehension of persons responsible for specific violent crimes
and for the disappearance and exploitation of persons, particularly
children and dependent adults. The center shall establish and
maintain programs which include, but are not limited to, all of the
following: developing violent offender profiles; assisting local law
enforcement agencies and county district attorneys by providing
investigative information on persons responsible for specific violent
crimes and missing person cases; providing physical description
information and photographs, if available, of missing persons to
county district attorneys, nonprofit missing persons organizations,
and schools; and providing statistics on missing dependent adults and
on missing children, including, as may be applicable, family
abductions, nonfamily abductions, voluntary missing, and lost
children or lost dependent adults.


14201. (a) The Attorney General shall establish within the center
and shall maintain an online, automated computer system designed to
effect an immediate law enforcement response to reports of missing
persons. The Attorney General shall design the computer system,
using any existing system, including the California Law Enforcement
Telecommunications System, to include an active file of information
concerning persons reported to it as missing and who have not been
reported as found. The computer system shall also include a
confidential historic data base. The Attorney General shall develop
a system of cataloging missing person reports according to a variety
of characteristics in order to facilitate locating particular
categories of reports as needed.
(b) The Attorney General's active files described in subdivision
(a) shall be made available to law enforcement agencies. The
Attorney General shall provide to these agencies the name and
personal description data of the missing person including, but not
limited to, the person's date of birth, color of eyes and hair, ***,
height, weight, and race, the time and date he or she was reported
missing, the reporting agency, and any other data pertinent to the
purpose of locating missing persons. However, the Attorney General
shall not release the information if the reporting agency requests
the Attorney General in writing not to release the information
because it would impair a criminal investigation.
(c) The Attorney General shall distribute a missing children and
dependent adults bulletin on a quarterly basis to local law
enforcement agencies, district attorneys, and public schools. The
Attorney General shall also make this information accessible to other
parties involved in efforts to locate missing children and dependent
adults and to those other persons as the Attorney General deems
appropriate.
This section shall become operative on July 1, 1989.



14201.1. The Attorney General shall establish and maintain, upon
appropriation of funds by the Legislature, the Violent Crime
Information Network within the center to enable the Department of
Justice crime analysts with expertise in child abuse, missing
persons, child abductions, and ***ual assaults to electronically
share their data, analysis, and findings on violent crime cases with
each other, and to electronically provide law enforcement agencies
with information to assist in the identification, tracking, and
apprehension of violent offenders. The Violent Crime Information
Network shall serve to integrate existing state, federal, and
civilian data bases into a single comprehensive network.



14201.5. (a) The Attorney General shall establish within the
Department of Justice the Missing and Exploited Children's Recovery
Network by July 31, 1995.
(b) This network shall consist of an automated computerized system
that shall have the capability to electronically transmit to all
state and local law enforcement agencies, and all cooperating news
media services, either by facsimile or computer modem, a missing
child poster that includes the name, personal description data, and
picture of the missing child. The information contained in this
poster shall include, but not be limited to, the child's date of
birth, color of eyes and hair, ***, height, weight, race, the time
and date he or she was reported missing, the reporting agency,
including contact person at reporting agency if known, and any other
data pertinent to the purpose of locating missing persons.
(c) The Department of Justice shall work in cooperation with the
National Center for Missing and Exploited Children to develop and
implement a network that can electronically interface with the
National Missing and Exploited Children's Network.
(d) The Attorney General shall implement this network within
existing Department of Justice resources.



14201.6. (a) The Department of Justice shall establish and maintain
a publicly accessible computer internet directory of information
relating to the following:
(1) Persons for whom an arrest warrant has been issued pursuant to
an alleged violation of any offense defined as a violent felony in
subdivision (c) of Section 667.5.
(2) Critical missing children.
(3) Unsolved homicides.
(b) The Attorney General may determine the extent of information
and the priority of cases to be included in the directory.
(c) The department shall keep confidential, and not enter into the
directory, either of the following:
(1) Information regarding any case for which the Attorney General
has determined that disclosure pursuant to this section would
endanger the safety of a person involved in an investigation or the
successful completion of the investigation or a related
investigation.
(2) Information regarding an arrest warrant for which the issuing
magistrate has determined that disclosure pursuant to this section
would endanger the safety of a person involved in an investigation or
the successful completion of the investigation or a related
investigation.
(d) For purposes of this section, "critical missing child"
includes, but is not limited to, any case of a missing child for
which there is evidence or indications that the child is at risk, as
specified in subdivision (b) of Section 14213.



14202. (a) The Attorney General shall establish and maintain within
the center an investigative support unit and an automated violent
crime method of operation system to facilitate the identification and
apprehension of persons responsible for murder, kidnap, including
parental abduction, false imprisonment, or ***ual assault. This unit
shall be responsible for identifying perpetrators of violent
felonies collected from the center and analyzing and comparing data
on missing persons in order to determine possible leads which could
assist local law enforcement agencies. This unit shall only release
information about active investigations by police and sheriffs'
departments to local law enforcement agencies.
(b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit. This
set of files may include, among others, the following:
(1) Missing or unidentified, deceased persons' dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.
(2) Child abuse reports filed pursuant to Section 11169.
(3) *** offender registration files maintained pursuant to Section
290.
(4) State summary criminal history information maintained pursuant
to Section 11105.
(5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.5 of the Welfare and
Institutions Code.
(6) Information furnished to the Department of Justice pursuant to
Section 11107.
(7) Other Attorney General's office files as requested by the
investigative support unit.
This section shall become operative on July 1, 1989.



14202.1. The Attorney General shall establish and maintain, upon
appropriation of funds by the Legislature, within the center the
Violent Crime Information System to track and monitor violent
offenders and their activities. The Violent Crime Information System
shall use computer technology to compare unsolved crime scene and
methods of operation information against the file of known violent
***ual assault, kidnapping, and homicide offenders, containing over
40,000 violent, kidnapping, and homicide offenders. The system shall
provide local law enforcement agencies with investigative leads to
assist in the resolution of violent crimes.




14202.2. (a) The Department of Justice, in conjunction with the
Department of Corrections, shall update any supervised release file
that is available to law enforcement on the California Law
Enforcement Telecommunications System every 10 days to reflect the
most recent inmates paroled from facilities under the jurisdiction of
the Department of Corrections.
(b) Commencing on July 1, 2001, The Department of Justice, in
consultation with the State Department of Mental Health, shall also
update any supervised release file that is available to law
enforcement on the California Law Enforcement Telecommunications
System every 10 days to reflect patients undergoing community mental
health treatment and supervision through the Forensic Conditional
Release Program administered by the State Department of Mental
Health, other than individuals committed as incompetent to stand
trial pursuant to Chapter 6 (commencing with Section 1367) of Title
10 of Part 2.



14203. (a) The online missing persons registry shall accept and
generate complete information on a missing person.
(b) The information on a missing person shall be retrievable by
any of the following:
(1) The person's name.
(2) The person's date of birth.
(3) The person's social security number.
(4) Whether a dental chart has been received, coded, and entered
into the National Crime Information Center Missing Person System by
the Attorney General.
(5) The person's physical description, including hair and eye
color and body marks.
(6) The person's known associates.
(7) The person's last known location.
(8) The name or assumed name of the abductor, if applicable, other
pertinent information relating to the abductor or the assumed
abductor, or both.
(9) Any other information, as deemed appropriate by the Attorney
General.
(c) The Attorney General, in consultation with local law
enforcement agencies and other user groups, shall develop the form in
which information shall be entered into the system.
(d) The Attorney General shall establish and maintain within the
center a separate, confidential historic database relating to missing
children and dependent adults. The historic database may be used
only by the center for statistical and research purposes. The
historic database shall be set up to categorize cases relating to
missing children and dependent adults by type. These types shall
include the following: runaways, voluntary missing, lost, abduction
involving movement of the victim in the commission of the crime or
***ual exploitation of the victim, nonfamily abduction, family
abduction, and any other categories as determined by the Attorney
General. In addition, the data shall include the number of missing
children and missing dependent adults in this state and the category
of each case.
(e) The center may supply information about specific cases from
the historic database to a local police department, sheriff's
department, or district attorney, only in connection with an
investigation by the police department, sheriff's department, or
district attorney of a missing person case or a violation or
attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5,
or any *** offense listed in Section 290, except for the offense
specified in subdivision (d) of Section 243.4.



14204. The Attorney General shall provide training on the services
provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys' offices, the Department of Corrections and Rehabilitation,
probation departments, court mediation services, and the judiciary.
The Corrections Standards Authority shall provide for the
presentation of training to peace officers which will enable them to
more efficiently handle, on the local level, the tracing of missing
persons and victims of violent crimes.



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 16 years of age, or if
there is evidence that the person is at risk, the local police,
sheriff's department, or the California Highway Patrol shall submit
the report to the Attorney General's office within four hours after
accepting the report. After the California Law Enforcement
Telecommunications System online missing person registry becomes
operational, the reports shall be submitted, within four hours after
accepting the report, to the Attorney General's office through the
use of the California Telecommunications System.
(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
sheriff's 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.



14206. (a) (1) When any person makes a report of a missing person
to a police department, sheriff's department, district attorney's
office, California Highway Patrol, or other law enforcement agency,
the report shall be given in person or by mail in a format acceptable
to the Attorney General. That form shall include a statement
authorizing the release of the dental or skeletal X-rays, or both, of
the person reported missing and authorizing the release of a recent
photograph of a person reported missing who is under 18 years of age.
Included with the form shall be instructions which state that if
the person reported missing is still missing 30 days after the report
is made, the release form signed by a member of the family or next
of kin of the missing person shall be taken by the family member or
next of kin to the dentist, physician and surgeon, or medical
facility in order to obtain the release of the dental or skeletal
X-rays, or both, of that person or may be taken by a peace officer,
if others fail to take action, to secure those X-rays.
Notwithstanding any other provision of law, dental or skeletal
X-rays, or both, shall be released by the dentist, physician and
surgeon, or medical facility to the person presenting the request and
shall be submitted within 10 days by that person to the police or
sheriff's department or other law enforcement agency having
jurisdiction over the investigation. When the person reported
missing has not been found within 30 days and no family or next of
kin exists or can be located, the law enforcement agency may execute
a written declaration, stating that an active investigation seeking
the location of the missing person is being conducted, and that the
dental or skeletal X-rays, or both, are necessary for the exclusive
purpose of furthering the investigation. Notwithstanding any other
provision of law, the written declaration, signed by a peace officer,
is sufficient authority for the dentist, physician and surgeon, or
medical facility to release the missing person's dental or skeletal
X-rays, or both.
(2) The form provided under this subdivision shall also state that
if the person reported missing is under 18 years of age, the
completed form shall be taken to the dentist, physician and surgeon,
or medical facility immediately when the law enforcement agency
determines that the disappearance involves evidence that the person
is at risk or when the law enforcement agency determines that the
person missing is under 16 years of age and has been missing at least
14 days. The form shall further provide that the dental or skeletal
X-rays, or both, and a recent photograph of the missing child shall
be submitted immediately to the law enforcement agency. Whenever
authorized under this subdivision to execute a written declaration to
obtain the release of dental or skeletal X-rays, or both, is
provided, the investigating law enforcement agency may obtain those
X-rays when a person reported missing is under 18 years of age and
the law enforcement agency determines that the disappearance involves
evidence that the person is at risk. In each case, the law
enforcement agency may confer immediately with the coroner or medical
examiners and may submit its report including the dental or skeletal
X-rays, or both, within 24 hours thereafter to the Attorney General.
The Attorney General's office shall code and enter the dental or
skeletal X-rays, or both, into the center.
(b) When a person reported missing has not been found within 45
days, the sheriff, chief of police, or other law enforcement agency
conducting the investigation for the missing person may confer with
the coroner or medical examiner prior to the preparation of a missing
person report. The coroner or medical examiner shall cooperate with
the law enforcement agency. After conferring with the coroner or
medical examiner, the sheriff, chief of police, or other law
enforcement agency initiating and conducting the investigation for
the missing person may submit a missing person report and the dental
or skeletal X-rays, or both, and photograph received pursuant to
subdivision (a) to the Attorney General's office in a format
acceptable to the Attorney General.
(c) Nothing in this section prohibits a parent or guardian of a
child, reported to a law enforcement agency as missing, from
voluntarily submitting fingerprints, and other documents, to the law
enforcement agency accepting the report for inclusion in the report
which is submitted to the Attorney General.
(d) The requirements imposed by this section on local police and
sheriff's 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.




14207. (a) When a person reported missing has been found, the
sheriff, chief of police, coroner or medical examiner, or the law
enforcement agency locating the missing person shall immediately
report that information to the Attorney General's office.
(b) When a child under 12 years of age or a missing person, where
there was evidence that the person was at risk, is found, the report
indicating that the person is found shall be made not later than 24
hours after the person is found. A report shall also be made to the
law enforcement agency that made the initial missing person report.
The Attorney General's office shall then notify the National Crime
Information Center that the missing person has been found.
(c) In the event that a missing person is found alive or dead in
less than 24 hours and the local police or sheriff's department has
reason to believe that the person had been abducted, the department
shall submit a report to the center in a format established by the
Attorney General. In the event that a missing person has been found
before he or she has been reported missing to the center, the
information related to the incident shall be submitted to the center.



14208. (a) The Department of Justice shall operate a statewide,
toll-free telephone hotline 24 hours per day, seven days per week to
receive information regarding missing children and dependent adults
and relay this information to the appropriate law enforcement
authorities.
(b) The Department of Justice shall select up to six children per
month from the missing children registry maintained pursuant to
former Section 11114 or pursuant to the system maintained pursuant to
Sections 14201 and 14202 and shall produce posters with photographs
and information regarding these children, including the missing
children hotline telephone number and reward information. The
department shall make these posters available to parties as
prescribed and as the department deems appropriate.



14209. (a) The Department of Justice shall provide appropriate
local reporting agencies with a list of persons still listed as
missing who are under 18 years of age, with an appropriate waiver
form in order to assist the reporting agency in obtaining a
photograph of each of the missing children.
(b) Local reporting agencies shall attempt to obtain the most
recent photograph available for persons still listed as missing and
forward those photographs to the Department of Justice.
(c) The department shall include these photographs, as they become
available, in the quarterly bulletins pursuant to subdivision (c)
of Section 14201.
(d) State and local elected officials, agencies, departments,
boards, and commissions may enclose in their mailings information
regarding missing children or dependent adults obtainable from the
Department of Justice or any organization that is recognized as a
nonprofit, tax-exempt organization under state or federal law and
that has an ongoing missing children program. Elected officials,
agency secretaries, and directors of departments, boards, and
commissions are urged to develop policies to enclose missing children
or dependent adults information in mailings when it will not
increase postage costs, and is otherwise deemed appropriate.




14210. (a) The Legislature finds and declares that it is the duty
of all law enforcement agencies to immediately assist any person who
is attempting to make a report of a missing person or runaway.
(b) The Department of the California Highway Patrol shall continue
to implement the written policy, required to be developed and
adopted pursuant to former Section 11114.3, for the coordination of
each of its divisions with the police and sheriffs' departments
located within each division in taking, transmitting, and
investigating reports of missing persons, including runaways.



14213. (a) As used in this title, "missing person" includes, but is
not limited to, 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. It also includes
any 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, "evidence that the person is at risk"
includes, but is not limited to, evidence or 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.
(c) As used in this title, "child" is any person under the age of
18.
(d) As used in this title, "center" means the Violent Crime
Information Center.
(e) As used in this title, "dependent adult" is any person
described in subdivision (e) of Section 368.
(f) 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.[/align]

14250. (a) (1) The Department of Justice shall develop a DNA data
base for all cases involving the report of an unidentified deceased
person or a high-risk missing person.
(2) The data base required in paragraph (1) shall be comprised of
DNA data from genetic markers that are appropriate for human
identification, but have no capability to predict biological function
other than gender. These markers shall be selected by the
department and may change as the technology for DNA typing
progresses. The results of DNA typing shall be compatible with and
uploaded into the CODIS DNA data base established by the Federal
Bureau of Investigation. The sole purpose of this data base shall be
to identify missing persons and shall be kept separate from the data
base established under Chapter 6 (commencing with Section 295) of
Title 9 of Part 1.
(3) The Department of Justice shall compare DNA samples taken from
the remains of unidentified deceased persons with DNA samples taken
from personal articles belonging to the missing person, or from the
parents or appropriate relatives of high-risk missing persons.
(4) For the purpose of this data base, "high-risk missing person"
means a person missing as a result of a stranger abduction, a person
missing under suspicious circumstances, a person missing under
unknown circumstances, or where there is reason to assume that the
person is in danger, or deceased, and that person has been missing
more than 30 days, or less than 30 days in the discretion of the
investigating agency.
(b) The department shall develop standards and guidelines for the
preservation and storage of DNA samples. Any agency that is required
to collect samples from unidentified remains for DNA testing shall
follow these standards and guidelines. These guidelines shall
address all scientific methods used for the identification of
remains, including DNA, anthropology, odontology, and fingerprints.
(c) (1) A coroner shall collect samples for DNA testing from the
remains of all unidentified persons and shall send those samples to
the Department of Justice for DNA testing and inclusion in the DNA
data bank. After the department has taken a sample from the remains
for DNA analysis and analyzed it, the remaining evidence shall be
returned to the appropriate local coroner.
(2) After a report has been made of a person missing under
high-risk circumstances, the responsible investigating law
enforcement agency shall inform the parents or other appropriate
relatives that they may give a voluntary sample for DNA testing or
may collect a DNA sample from a personal article belonging to the
missing person if available. The samples shall be taken by the
appropriate law enforcement agency in a manner prescribed by the
Department of Justice. The responsible investigating law enforcement
agency shall wait no longer than 30 days after a report has been
made to inform the parents or other relatives of their right to give
a sample.
(3) The Department of Justice shall develop a standard release
form that authorizes a mother, father, or other relative to
voluntarily provide the sample. The release shall explain that DNA
is to be used only for the purpose of identifying the missing person
and that the DNA sample and profile will be destroyed upon request.
No incentive or coercion shall be used to compel a parent or relative
to provide a sample.
(4) The Department of Justice shall develop a model kit that law
enforcement shall use when taking samples from parents and relatives.

(5) Before submitting the sample to the department for analysis,
law enforcement shall reverify the status of the missing person.
After 30 days has elapsed from the date the report was filed, law
enforcement shall send the sample to the department for DNA testing
and inclusion in the DNA data base, with a copy of the crime report,
and any supplemental information.
(6) All retained samples and DNA extracted from a living person,
and profiles developed therefrom, shall be used solely for the
purpose of identification of the deceased's remains. All samples and
DNA extracted from a living person, and profiles developed
therefrom, shall be destroyed after a positive identification with
the deceased's remains is made and a report is issued, unless any of
the following has occurred:
(A) The coroner has made a report to a law enforcement agency
pursuant to Section 27491.1 of the Government Code, that he or she
has a reasonable ground to suspect that the identified person's death
has been occasioned by another by criminal means.
(B) A law enforcement agency makes a determination that the
identified person's death has been occasioned by another by criminal
means.
(C) The evidence is needed in an active criminal investigation to
determine whether the identified person's death has been occasioned
by another by criminal means.
(D) A governmental entity is required to retain the material
pursuant to Section 1417.9.
(7) Notwithstanding any other provisions of this section, upon the
request of any living person who submits his or her DNA sample and
profile pursuant to this section, including the parent or guardian of
a child who submits a DNA sample of the child, the DNA sample shall
be removed from the DNA data base.
(d) All DNA samples and profiles developed therefrom shall be
confidential and shall only be disclosed to personnel of the
Department of Justice, law enforcement officers, coroners, medical
examiners, district attorneys, and persons who need access to a DNA
sample for purposes of the prosecution or defense of a criminal case,
except that a law enforcement officer or agency may publicly
disclose the fact of a DNA profile match after taking reasonable
measures to first notify the family of an unidentified deceased
person or the family of a high-risk missing person that there has
been an identification.
(e) All DNA, forensic identification profiles, and other
identification information retained by the Department of Justice
pursuant to this section are exempt from any law requiring disclosure
of information to the public.
(f) (1) Any person who knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, or for any purpose other than for
identification or for use in a criminal investigation, prosecution,
or defense, is guilty of a misdemeanor.
(2) A person who collects, processes, or stores DNA or DNA samples
from a living person that are used for DNA testing pursuant to this
section who does either of the following is liable in civil damages
to the donor of the DNA in the amount of five thousand dollars
($5,000) for each violation, plus attorney's fees and costs:
(A) Fails to destroy samples or DNA extracted from a living person
pursuant to paragraph (6) of subdivision (c).
(B) Discloses DNA samples in violation of subdivision (d).
(g) (1) If a disclosure or failure to destroy samples described in
paragraph (2) of subdivision (f) is made by an employee of the
Department of Justice, the department shall be liable for those
actions of its employee.
(2) Notwithstanding any other law, the remedy in this section
shall be the sole and exclusive remedy against the department and its
employees available to the donor of the DNA against the department
and its employees.
(3) The department employee disclosing DNA or other forensic
identification information or otherwise violating this section shall
be absolutely immune from civil liability under this or any other
law.
(h) It is not an unauthorized disclosure or violation of this
section to release DNA and other forensic identification information
as part of a judicial or administrative proceeding, to a jury or
grand jury, or in a document filed with a court or administrative
agency, or for this information to become part of the public
transcript or record of proceedings.
(i) In order to maintain computer system security, the computer
software and data base structures used by the DNA laboratory of the
Department of Justice to implement this chapter are confidential.



14251. (a) The "Missing Persons DNA Data Base" shall be funded by a
two dollar ($2) fee increase on death certificates issued by a local
government agency or by the State of California. The issuing
agencies may retain up to 5 percent of the funds from the fee
increase for administrative costs. This fee shall remain in effect
only until January 1, 2010.
(b) Funds shall be directed on a quarterly basis to the "Missing
Persons DNA Data Base Fund," hereby established, to be administered
by the department for establishing and maintaining laboratory
infrastructure, DNA sample storage, DNA analysis, and labor costs for
cases of missing persons and unidentified remains. Funds may also be
distributed by the department to various counties for the purposes
of pathology and exhumation consistent with this title. The
department may also use those funds to publicize the database for the
purpose of contacting parents and relatives so that they may provide
a DNA sample for training law enforcement officials about the
database and DNA sampling and for outreach.
(c) The department shall create an advisory committee, comprised
of coroners and appropriate law enforcement officials, and interested
stakeholders to prioritize the identification of the backlog of
unidentified remains. The identification of the backlog may be
outsourced to other laboratories at the department's discretion.
(d) (1) The death certificate fee increase shall begin and funds
shall be directed to the Missing Persons DNA Data Base Fund beginning
January 1, 2001. Funding for year one shall be used to develop the
database and laboratory infrastructure, and to establish Department
of Justice protocols and personnel.
(2) The Department of Justice shall begin case analysis in 2002.
The Department of Justice shall retain the authority to prioritize
case analysis, giving priority to those cases involving children.
(3) If federal funding is made available, it shall be used to
assist in the identification of the backlog of high-risk missing
person cases and long-term unidentified remains.

[align=left]
GENERAL PROVISIONS


14300. (a) The Legislature finds and declares all of the following:

(1) The enforcement of California's environmental laws is
essential to protect human health, the environment, and the state's
economy.
(2) Fair and uniform enforcement of laws and regulations governing
the environment benefits law abiding businesses, firms, and
individuals.
(3) There is a need to better integrate enforcement of
environmental laws into California's established criminal justice
system.
(4) Local and state enforcement agencies can play an increasingly
important role in protecting human health, the environment, and the
state's economy through greater involvement in the enforcement of
environmental laws.
(5) Prosecuting violators of environmental laws often requires
special training to detect violations, understand complex laws, and
prepare and present complicated enforcement cases.
(6) There is a need to support programs that assist local and
state enforcement officials in prosecuting violations of
environmental laws through the training of peace officers,
investigators, firefighters, public prosecutors, and state and local
environmental regulators.
(7) Fair and uniform enforcement of environmental laws is
multidisciplinary and involves law enforcement, fire departments,
state and local environmental regulators, and the offices of local
and state public prosecutors.
(b) For purposes of this title, the following definitions shall
apply:
(1) "Account" means the Environmental Enforcement and Training
Account created pursuant to Section 14303.
(2) "Commission" means the Commission on Peace Officer Standards
and Training.
(3) "Agency" means the California Environmental Protection Agency.

(4) "Secretary" means the Agency Secretary for the California
Environmental Protection Agency or his or her designee.
(5) "Environmental laws" means state and federal environmental
laws and regulations that impact public health and the environment,
including, but not limited to, those that regulate toxic and
carcinogenic materials, water quality, air quality, waste management,
pesticides, and wildlife resources.
(6) "Public prosecutor" means district attorneys, city attorneys,
city prosecutors, county counsels, and the Attorney General and his
or her deputies.
(7) "Environmental regulator" means an employee of any state or
local agency whose jurisdiction includes implementation, enforcement,
or both implementation and enforcement of environmental laws.
(8) "Environmental enforcement" means the enforcement of
environmental laws.
(c) This title shall be known and may be cited as the
Environmental Enforcement and Training Act of 2002.
(d) It is the intent of the Legislature that the funds to
implement this title, as specified in Section 14314, come from public
and private contributions, and from the proceeds from any
contributed state or federal court judgments, and that no funds be
expended from the General Fund, other than from the Environmental
Enforcement and Training Account, or other funds appropriated to, or
authorized for expenditure by, the agency, to implement this title.
It is the intent of the Legislature that the funds to implement this
title shall be expended only from the account. It is the intent of
the Legislature that funding provided from the account shall
supplement, not supplant existing funding.



14301. (a) There is hereby established in the agency, a program of
financial assistance to do all of the following:
(1) Provide for statewide education and training programs in the
enforcement of environmental laws for peace officers, investigators,
state and local environmental regulators, and public prosecutors.
(2) Establish enhanced local environmental enforcement efforts.
(3) All funds made available to the agency for the purposes of
this title shall be administered and distributed by the secretary.
(b) Not later than 12 months after the date when this title may be
implemented, as specified in Section 14314, the secretary shall
prepare and issue regulations, which shall, at a minimum, describe
how grants are to be allocated or awarded pursuant to this title, the
procedures for applying for these grants, the criteria to be used in
determining which applications will be funded, and the
administrative and fiscal requirements governing the receipt and
expenditure of these grants.
(c) The secretary shall allocate and award funds to public
agencies or private nonprofit organizations for purposes of
supporting statewide environmental enforcement education and training
programs for peace officers, investigators, state and local
environmental regulators, and public prosecutors pursuant to Chapter
2 (commencing with Section 14304) and Chapter 3 (commencing with
Section 14306), which meet the criteria established pursuant to those
chapters. To ensure that these programs are coordinated with
existing peace officer training, the commission shall be consulted
prior to the allocation of funds to peace officer education and
training programs.
(d) The secretary shall allocate and award funds to support the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309) for the purpose of improving
enforcement of environmental laws by enhancing the investigation and
prosecution of violations of those laws.



14303. (a) There is hereby created, in the General Fund, the
Environmental Enforcement and Training Account and up to two million
dollars ($2,000,000) in the account may be expended annually by the
agency, upon appropriation by the Legislature, for the purposes of
this title.
(b) The agency may accept and receive any contribution of funds
from a public or private organization or an individual, including the
proceeds from a judgment in state or federal court, when the funds
are contributed or the judgment specifies that the proceeds are to be
used to carry out the purposes of this title. Private contributors
shall not have the authority to further influence or direct the use
of their contributions.
(c) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) in the account.
(d) As of January 1, 2003, all unallocated funds in the Hazardous
Materials Enforcement and Training Account created pursuant to
Chapter 743 of the Statutes of 1992 that derive from court judgments
specifying that the funds may be used only for purposes of this title
shall be transferred to the Environmental Enforcement and Training
Account.
[/align]

[align=left]14304. (a) The commission shall develop or review and certify, not
later than 12 months after the date when this title may be
implemented, as specified in Section 14314, a course or courses of
instruction for training local and state peace officers in the
detection of violations, and in the apprehension of suspected
violators, of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum,
include training on all of the following:
(1) Understanding environmental laws.
(2) Detecting violations of environmental laws.
(3) Knowing steps to take when violations are discovered in order
to protect public health and facilitate prosecution of violators.[/align]

[align=left]



14306. (a) The secretary shall provide funding to the California
District Attorneys' Association to develop and implement, not later
than 12 months after the receipt of funds, a course or courses of
instruction for the training of public prosecutors in the enforcement
of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum, do
all of the following:
(1) Provide an understanding of the requirements of environmental
laws.
(2) Teach prosecution techniques that will facilitate prosecution
of environmental law violations.
(3) Provide environmental enforcement training materials.




14307. (a) The secretary shall provide funding to the California
District Attorneys' Association to develop and implement, not later
than 12 months after the receipt of funds, a course or courses of
instruction for the training of investigators from the offices of
public prosecutors, fire departments, and state and local
environmental regulators.
(b) With the concurrence of the commission, peace officers may
participate in the course or courses of training.
(c) The course or courses of instruction shall, at a minimum, do
all of the following:
(1) Provide an understanding of the requirements of environmental
laws.
(2) Teach enforcement investigative techniques that will
facilitate the prosecution of environmental law violations.
(3) Provide environmental enforcement training materials.




14308. (a) The secretary may award grants to public and private
entities for training public prosecutors, peace officers,
firefighters, and state or local environmental regulators in the
investigation and enforcement of environmental laws.
(b) The secretary may award local assistance grants to local
environmental regulators for the enforcement of environmental laws.

[/align]

[align=left]



14309. (a) The Environmental Circuit Prosecutor Project, a
cooperative project of the California Environmental Protection Agency
and the California District Attorneys Association, is hereby
established.
(b) The Environmental Circuit Prosecutor Project shall have the
following purposes:
(1) Discourage the commission of violations of environmental laws
by demonstrating the effective response of the criminal justice
system to these violations, including, but not limited to, assisting
district attorneys, particularly in rural counties, in the
prosecution of criminal violations of environmental laws and
regulations, where a district attorney has requested assistance.
(2) Establish model environmental crime prevention, enforcement,
and prosecution techniques with statewide application for fair,
uniform, and effective application.
(3) Increase the awareness and effectiveness of efforts to enforce
environmental laws and to better integrate environmental prosecution
into California's established criminal justice system by providing
on the job education and training to local peace officers and
prosecutors and to local and state environmental regulators.
(4) Promote, through uniform and effective prosecution and local
assistance, the effective enforcement of environmental laws and
regulations.
(c) (1) The secretary shall award project grants and administer
funding from the account to the California District Attorneys
Association for the purpose of providing for the day-to-day
operations of the project.
(2) The award may only be used to fund the costs of prosecutors,
investigators, and research attorney staff, including salary,
benefits, and expenses.
(3) Circuit prosecutor project employees may be either employees
of the California District Attorneys Association or employees on loan
from local, state, or federal governmental agencies.
(d) (1) A district attorney may request the assistance of a
circuit prosecutor from the Environmental Circuit Prosecutor Project
for any of the following purposes:
(A) Assistance with the investigation and development of
environmental cases.
(B) Consultation concerning whether an environmental case merits
filing.
(C) Litigation support, including, but not limited to, the actual
prosecution of the case. A district attorney shall, as appropriate,
deputize a circuit prosecutor to prosecute cases within his or her
jurisdiction.
(2) The authority of a deputized circuit prosecutor shall be
consistent with and shall not exceed the authority of the elected
district attorney or his or her deputies.
(3) Violations of city or county ordinances may be prosecuted by
circuit prosecutors when there is an environmental nexus between the
ordinance and a violation of state law, federal law, or both state
and federal law.
(4) Participating district attorney offices shall provide matching
funds or in-kind contributions equivalent to, but not less than, 20
percent of the expense of the deputized environmental circuit
prosecutor.

IMPLEMENTATION AND FUNDING PRIORITIES


14314. Notwithstanding any other provision of this title, the
agency shall not implement this title until there is an amount of one
hundred thousand dollars ($100,000) in the account.
Funds in the account shall be divided as follows:
(a) Twenty-five percent or one hundred thousand dollars ($100,000)
to the commission, whichever is less.
(b) Twenty-five percent to the secretary for allocation to the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309).
(c) Twenty-five percent to the secretary for allocation to the
California District Attorneys Association for training and assistance
pursuant to Chapter 3 (commencing with Section 14306).
(d) (1) The balance to the secretary for grants awarded to
programs pursuant to Chapter 3 (commencing with Section 14306) or
Chapter 4 (commencing with Section 14309) based on need or in order
to sustain the current level of presence and enforcement for those
programs.
(2) Notwithstanding paragraph (1), the commission may also seek
additional funding from the money allocated in this subdivision based
on need if the environmental law enforcement training is mandated or
if there are substantial changes in the law that require the
commission to revise its environmental law courses.
(e) The secretary shall develop an application process for
awarding funds to programs pursuant to subdivisions (b), (c), and
(d).


14315. Not later than 36 months after the date when this title may
be implemented, as specified in Section 14314, the secretary shall
post on the agency's Web site, updated no later than July 1,
annually, a description of the operation and accomplishments of the
training programs and the environmental enforcement and prosecution
projects funded by this title. The commission shall prepare the
section of the report pertaining to the course of instruction
authorized in Section 14304 and submit it to the secretary for
inclusion in the report.

[/align]

[align=left]

15001. (a) The construction of a memorial to California peace
officers on the grounds of the State Capitol is hereby authorized.
For purposes of this part, the grounds of the State Capitol are that
property in the City of Sacramento bounded by Ninth, Fifteenth, "L,"
and "N" Streets. The actual site for the memorial shall be selected
by the commission after consultation with the Department of General
Services and the State Office of Historic Preservation.
(b) Funds for the construction of the memorial shall be provided
through private contributions for this purpose.



15003. Peace officer memorial ceremonies, including the dedication
of the memorial and any subsequent ceremonies, shall be conducted by
the California Peace Officers Memorial Foundation.

[/align]

Thanx very much