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Thread: CA Laws/Alerts in Place

  1. #1
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    CA Laws/Alerts in Place

    Please post California's Laws and Alerts in Place here.
    *******************************************
    Princess Blue
    Located September 10, 1990 in Manvel, Texas

    Could Princess Blue be identified soon Princess Blue? Follow us at the link below
    Princess Blue Forum to find out.

    ***************************************
    Kimberly Shawn Cheatham
    Missing from Dallas, Texas since April 8, 1989

    Where is Kimberly Shawn Cheatham?

    ******************************************

  2. #2
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    California Missing Persons
    The Missing and Unidentified Persons Unit in the California Department of Justice assists law enforcement and criminal justice agencies in locating missing persons and identifying unknown live and deceased persons through the comparison of physical characteristics, fingerprints and dental/body X-rays

    In California, a missing person is someone whose whereabouts is unknown to the reporting party. This includes any child who may have run away, been taken involuntary or may be in need of assistance. It includes a child illegally taken, held or hidden by a parent or non-parent family member (*See California Penal Code Sections 277-280).

    There is NO waiting period for reporting a person missing. All California police and sheriffs' departments must accept any report, including a report by telephone, of a missing person, including runaways, without delay and will give priority to the handling of the report.


    Amber Alert

    California's AMBER Alert is an innovative statewide program in which law enforcement agencies, local radio and television stations and the public collaborate to help locate abducted children as soon as possible after they are reported missing.

    Activation Criteria

    After receiving a report of a child abduction, the responsible law enforcement agency must conduct a preliminary investigation and determine if the specified criteria for an AMBER Alert activation have been met.
    All of the following conditions must apply:
    A confirmed abduction has occurred.
    The victim is 17 years of age or younger, or of proven mental or physical disability.
    The victim is reasonably believed by local law enforcement to be in imminent danger of serious bodily injury or death.
    There is information available that, if disseminated to the general public, could assist in the safe recovery of the victim.

    Note: AMBER Alert is not intended for cases involving runaways, missing children in which there is no evidence of foul play, or custody disputes that are not reasonably believed to endanger the life or physical health of a child. However, agencies should continue to exercise their discretion when determining which of the many tools available would be the most appropriate for transmitting information and photos of missing children to other officers, the media and the public.

    CA Amber Alert

  3. #3
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    CA PENAL CODE
    SECTION 14200-14213


    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, sex,
    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 sexual 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, sex, 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 sexual 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) Sex 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
    sexual 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
    sexual 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 sex 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.

  4. #4
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    CA PENAL CODE continued:

    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.

  5. #5
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    In California, a missing person is someone whose whereabouts is unknown to the reporting party. This includes any child who may have run away, been taken involuntary or may be in need of assistance. It includes a child illegally taken, held or hidden by a parent or non-parent family member.

    *PENAL CODE SECTION 277-280


    277. The following definitions apply for the purposes of this
    chapter:
    (a) "Child" means a person under the age of 18 years.
    (b) "Court order" or "custody order" means a custody determination
    decree, judgment, or order issued by a court of competent
    jurisdiction, whether permanent or temporary, initial or modified,
    that affects the custody or visitation of a child, issued in the
    context of a custody proceeding. An order, once made, shall continue
    in effect until it expires, is modified, is rescinded, or terminates
    by operation of law.
    (c) "Custody proceeding" means a proceeding in which a custody
    determination is an issue, including, but not limited to, an action
    for dissolution or separation, dependency, guardianship, termination
    of parental rights, adoption, paternity, except actions under Section
    11350 or 11350.1 of the Welfare and Institutions Code, or protection
    from domestic violence proceedings, including an emergency
    protective order pursuant to Part 3 (commencing with Section 6240) of
    Division 10 of the Family Code.
    (d) "Lawful custodian" means a person, guardian, or public agency
    having a right to custody of a child.
    (e) A "right to custody" means the right to the physical care,
    custody, and control of a child pursuant to a custody order as
    defined in subdivision (b) or, in the absence of a court order, by
    operation of law, or pursuant to the Uniform Parentage Act contained
    in Part 3 (commencing with Section 7600) of Division 12 of the Family
    Code. Whenever a public agency takes protective custody or
    jurisdiction of the care, custody, control, or conduct of a child by
    statutory authority or court order, that agency is a lawful custodian
    of the child and has a right to physical custody of the child. In
    any subsequent placement of the child, the public agency continues to
    be a lawful custodian with a right to physical custody of the child
    until the public agency's right of custody is terminated by an order
    of a court of competent jurisdiction or by operation of law.
    (f) In the absence of a court order to the contrary, a parent
    loses his or her right to custody of the child to the other parent if
    the parent having the right to custody is dead, is unable or refuses
    to take the custody, or has abandoned his or her family. A natural
    parent whose parental rights have been terminated by court order is
    no longer a lawful custodian and no longer has a right to physical
    custody.
    (g) "Keeps" or "withholds" means retains physical possession of a
    child whether or not the child resists or objects.
    (h) "Visitation" means the time for access to the child allotted
    to any person by court order.
    (i) "Person" includes, but is not limited to, a parent or an agent
    of a parent.
    (j) "Domestic violence" means domestic violence as defined in
    Section 6211 of the Family Code.
    (k) "Abduct" means take, entice away, keep, withhold, or conceal.



    278. Every person, not having a right to custody, who maliciously
    takes, entices away, keeps, withholds, or conceals any child with the
    intent to detain or conceal that child from a lawful custodian shall
    be punished by imprisonment in a county jail not exceeding one year,
    a fine not exceeding one thousand dollars ($1,000), or both that
    fine and imprisonment, or by imprisonment in the state prison for
    two, three, or four years, a fine not exceeding ten thousand dollars
    ($10,000), or both that fine and imprisonment.



    278.5. (a) Every person who takes, entices away, keeps, withholds,
    or conceals a child and maliciously deprives a lawful custodian of a
    right to custody, or a person of a right to visitation, shall be
    punished by imprisonment in a county jail not exceeding one year, a
    fine not exceeding one thousand dollars ($1,000), or both that fine
    and imprisonment, or by imprisonment in the state prison for 16
    months, or two or three years, a fine not exceeding ten thousand
    dollars ($10,000), or both that fine and imprisonment.
    (b) Nothing contained in this section limits the court's contempt
    power.
    (c) A custody order obtained after the taking, enticing away,
    keeping, withholding, or concealing of a child does not constitute a
    defense to a crime charged under this section.



    278.6. (a) At the sentencing hearing following a conviction for a
    violation of Section 278 or 278.5, or both, the court shall consider
    any relevant factors and circumstances in aggravation, including, but
    not limited to, all of the following:
    (1) The child was exposed to a substantial risk of physical injury
    or illness.
    (2) The defendant inflicted or threatened to inflict physical harm
    on a parent or lawful custodian of the child or on the child at the
    time of or during the abduction.
    (3) The defendant harmed or abandoned the child during the
    abduction.
    (4) The child was taken, enticed away, kept, withheld, or
    concealed outside the United States.
    (5) The child has not been returned to the lawful custodian.
    (6) The defendant previously abducted or threatened to abduct the
    child.
    (7) The defendant substantially altered the appearance or the name
    of the child.
    (8) The defendant denied the child appropriate education during
    the abduction.
    (9) The length of the abduction.
    (10) The age of the child.
    (b) At the sentencing hearing following a conviction for a
    violation of Section 278 or 278.5, or both, the court shall consider
    any relevant factors and circumstances in mitigation, including, but
    not limited to, both of the following:
    (1) The defendant returned the child unharmed and prior to arrest
    or issuance of a warrant for arrest, whichever is first.
    (2) The defendant provided information and assistance leading to
    the child's safe return.
    (c) In addition to any other penalties provided for a violation of
    Section 278 or 278.5, a court shall order the defendant to pay
    restitution to the district attorney for any costs incurred in
    locating and returning the child as provided in Section 3134 of the
    Family Code, and to the victim for those expenses and costs
    reasonably incurred by, or on behalf of, the victim in locating and
    recovering the child. An award made pursuant to this section shall
    constitute a final judgment and shall be enforceable as such.



    278.7. (a) Section 278.5 does not apply to a person with a right to
    custody of a child who, with a good faith and reasonable belief that
    the child, if left with the other person, will suffer immediate
    bodily injury or emotional harm, takes, entices away, keeps,
    withholds, or conceals that child.
    (b) Section 278.5 does not apply to a person with a right to
    custody of a child who has been a victim of domestic violence who,
    with a good faith and reasonable belief that the child, if left with
    the other person, will suffer immediate bodily injury or emotional
    harm, takes, entices away, keeps, withholds, or conceals that child.
    "Emotional harm" includes having a parent who has committed domestic
    violence against the parent who is taking, enticing away, keeping,
    withholding, or concealing the child.
    (c) The person who takes, entices away, keeps, withholds, or
    conceals a child shall do all of the following:
    (1) Within a reasonable time from the taking, enticing away,
    keeping, withholding, or concealing, make a report to the office of
    the district attorney of the county where the child resided before
    the action. The report shall include the name of the person, the
    current address and telephone number of the child and the person, and
    the reasons the child was taken, enticed away, kept, withheld, or
    concealed.
    (2) Within a reasonable time from the taking, enticing away,
    keeping, withholding, or concealing, commence a custody proceeding in
    a court of competent jurisdiction consistent with the federal
    Parental Kidnapping Prevention Act (Section 1738A, Title 28, United
    States Code) or the Uniform Child Custody Jurisdiction Act (Part 3
    (commencing with Section 3400) of Division 8 of the Family Code).
    (3) Inform the district attorney's office of any change of address
    or telephone number of the person and the child.
    (d) For the purposes of this article, a reasonable time within
    which to make a report to the district attorney's office is at least
    10 days and a reasonable time to commence a custody proceeding is at
    least 30 days. This section shall not preclude a person from making
    a report to the district attorney's office or commencing a custody
    proceeding earlier than those specified times.
    (e) The address and telephone number of the person and the child
    provided pursuant to this section shall remain confidential unless
    released pursuant to state law or by a court order that contains
    appropriate safeguards to ensure the safety of the person and the
    child.


    279. A violation of Section 278 or 278.5 by a person who was not a
    resident of, or present in, this state at the time of the alleged
    offense is punishable in this state, whether the intent to commit the
    offense is formed within or outside of this state, if any of the
    following apply:
    (a) The child was a resident of, or present in, this state at the
    time the child was taken, enticed away, kept, withheld, or concealed.

    (b) The child thereafter is found in this state.
    (c) A lawful custodian or a person with a right to visitation is a
    resident of this state at the time the child was taken, enticed
    away, kept, withheld, or concealed.



    279.1. The offenses enumerated in Sections 278 and 278.5 are
    continuous in nature, and continue for as long as the minor child is
    concealed or detained.


    279.5. When a person is arrested for an alleged violation of
    Section 278 or 278.5, the court, in setting bail, shall take into
    consideration whether the child has been returned to the lawful
    custodian, and if not, shall consider whether there is an increased
    risk that the child may not be returned, or the defendant may flee
    the jurisdiction, or, by flight or concealment, evade the authority
    of the court.



    279.6. (a) A law enforcement officer may take a child into
    protective custody under any of the following circumstances:
    (1) It reasonably appears to the officer that a person is likely
    to conceal the child, flee the jurisdiction with the child, or, by
    flight or concealment, evade the authority of the court.
    (2) There is no lawful custodian available to take custody of the
    child.
    (3) There are conflicting custody orders or conflicting claims to
    custody and the parties cannot agree which party should take custody
    of the child.
    (4) The child is an abducted child.
    (b) When a law enforcement officer takes a child into protective
    custody pursuant to this section, the officer shall do one of the
    following:
    (1) Release the child to the lawful custodian of the child, unless
    it reasonably appears that the release would cause the child to be
    endangered, abducted, or removed from the jurisdiction.
    (2) Obtain an emergency protective order pursuant to Part 3
    (commencing with Section 6240) of Division 10 of the Family Code
    ordering placement of the child with an interim custodian who agrees
    in writing to accept interim custody.
    (3) Release the child to the social services agency responsible
    for arranging shelter or foster care.
    (4) Return the child as ordered by a court of competent
    jurisdiction.
    (c) Upon the arrest of a person for a violation of Section 278 or
    278.5, a law enforcement officer shall take possession of an abducted
    child who is found in the company of, or under the control of, the
    arrested person and deliver the child as directed in subdivision (b).

    (d) Notwithstanding any other law, when a person is arrested for
    an alleged violation of Section 278 or 278.5, the court shall, at the
    time of the arraignment or thereafter, order that the child shall be
    returned to the lawful custodian by or on a specific date, or that
    the person show cause on that date why the child has not been
    returned as ordered. If conflicting custodial orders exist within
    this state, or between this state and a foreign state, the court
    shall set a hearing within five court days to determine which court
    has jurisdiction under the laws of this state and determine which
    state has subject matter jurisdiction to issue a custodial order
    under the laws of this state, the Uniform Child Custody Jurisdiction
    Act (Part 3 (commencing with Section 3400) of Division 8 of the
    Family Code), or federal law, if applicable. At the conclusion of
    the hearing, or if the child has not been returned as ordered by the
    court at the time of arraignment, the court shall enter an order as
    to which custody order is valid and is to be enforced. If the child
    has not been returned at the conclusion of the hearing, the court
    shall set a date within a reasonable time by which the child shall be
    returned to the lawful custodian, and order the defendant to comply
    by this date, or to show cause on that date why he or she has not
    returned the child as directed. The court shall only enforce its
    order, or any subsequent orders for the return of the child, under
    subdivision (a) of Section 1219 of the Code of Civil Procedure, to
    ensure that the child is promptly placed with the lawful custodian.
    An order adverse to either the prosecution or defense is reviewable
    by a writ of mandate or prohibition addressed to the appropriate
    court.



    280. Every person who willfully causes or permits the removal or
    concealment of any child in violation of Section 8713, 8803, or 8910
    of the Family Code shall be punished as follows:
    (a) By imprisonment in a county jail for not more than one year if
    the child is concealed within the county in which the adoption
    proceeding is pending or in which the child has been placed for
    adoption, or is removed from that county to a place within this
    state.
    (b) By imprisonment in the state prison, or by imprisonment in a
    county jail for not more than one year, if the child is removed from
    that county to a place outside of this state.



    http://ag.ca.gov/missing/

  6. #6
    Join Date
    Jul 2008
    Posts
    2,540
    California

    California AB 940
    Extends the $2 fee increase on death certificates issued by a local government agency to fund the "Missing Persons DNA Data Base."


    In California, a missing persons database was created and funded by increasing the cost of a death certificate by $2, which raises about $3 million a year.

    "The legislation goes far beyond the creation of a database," says Jeannine Willie, with the California Bureau of Forensic Services. "It establishes important procedures for law enforcement when a missing persons report is filed and puts requirements on medical examiners when a body is found."

    The legislation requires law enforcement to accept a missing person report from anyone and to enter the information into the system. This is important in circumstances where the missing person is not in frequent contact with family members or does not have a family. In situations where the person disappeared under suspicious circumstances or is under age 16, law enforcement officers are required to check with the local coroner or medical examiner, broadcast an alert, and inform parents or relatives that they voluntarily may provide a sample for DNA testing.

    Also in California, medical examiners and coroners are required to submit detailed reports to the state's Department of Justice whenever human remains are recovered. The reports include autopsies, fingerprints, dental x-rays, genetic material for DNA testing and other information to assist in identifying the body.

    "Very few states require these simple steps, but they go a long way in solving missing person cases," says Willie. "The most important things to do are to require law enforcement and medical examiners to collect and share information in a timely fashion and prohibit state agencies from disposing of unidentified remains without retaining a sample for future analysis."

    http://www.ncsl.org/programs/pubs/Sl...ying.htm#texas

  7. #7
    Join Date
    Jul 2008
    Posts
    2,540
    California AB 22 (Chapter 240)
    Establishes trafficking in human beings as a felony punishable by three, four or six years in state prison. Allows for forfeiture of assets derived from human trafficking. Creates the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force. Requires the court to order the offenders found guilty of human trafficking to pay restitution to their victims.

    California SB 180 (Chapter 239)

    Establishes the California Alliance to Combat Trafficking and Slavery Task Force to evaluate various programs available to victims of trafficking and various criminal statutes addressing human trafficking, and report to the Legislature, governor and attorney general on or before July 1, 2007.

    http://www.ncsl.org/programs/cj/vict...tm#trafficking

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