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AB-952 Child identification kits.(2003-2004)

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AB952:v98#DOCUMENT

Amended  IN  Assembly  April 21, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 952

Introduced  by  Assembly Member Vargas

February 20, 2003

An act to amend Section 11121 of the Penal Code, relating to records. An act relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 952, as amended, Vargas. Records Child identification kits.
Existing law provides that each school district and county office of education is responsible for the overall development of comprehensive school safety plans for its schools operating any kindergarten and any of grades 1 to 12, inclusive.
This bill would require the State Department of Education to administer a 2-year pilot program through which individuals and private organizations may donate child identification kits to the department. The bill would require the department, upon receipt of the kits, to distribute the kits to school districts and county offices of education for distribution to the parents or guardian of each elementary and secondary pupil. By imposing new duties on school districts and county offices of education, the bill would impose a state-mandated local program.
The bill would declare September of 2004 to be Child Identification Month and would require schools, community organizations, and day care centers to educate parents on the importance of obtaining and preserving identifying information concerning their children and to inform them of the opportunity to have a child identification kit prepared.
The bill would require the department, by June 30, 2006, to prepare and submit a report to the Legislature summarizing the effectiveness of the program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires the Department of Justice to furnish various agencies and entities with a person’s state summary criminal history information, and defines that information as the person’s record. Existing statute specifies that certain provisions of law are intended to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from the files, and to refute any erroneous or inaccurate information contained therein.

This bill would make a nonsubstantive change in that law.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

Section 11121 of the Penal Code is amended to

SECTION 1.

 The Legislature hereby finds and declares both of the following:
(a) Obtaining and preserving identifying information such as fingerprints, hair, dental imprints, a photograph, and a physical description concerning one’s child is essential to assist law enforcement recover that child in the unfortunate event that he or she is abducted or is otherwise missing.
(b) California parents should be given the opportunity to obtain identifying information regarding their children for their future protection in the event that they need to be located by law enforcement, in the form of a kit that would include the child’s fingerprints, a lock of his or her hair, dental imprints, a photograph and a physical description of him or her, including blood type, and would be kept by the parent for safekeeping.

SEC. 2.

 (a) The State Department of Education shall administer a two-year pilot program through which individuals and private organizations may donate child identification kits to the department. Upon receipt of the kits, the department shall distribute the kits to school districts and county offices of education for distribution to the parents or guardian of each elementary and secondary pupil.
(b) The month of September 2004 shall be known as Child Identification Month, during which time, efforts shall be made through schools, community organizations, and daycare centers to educate parents on the importance of obtaining and preserving identifying information concerning their children and to inform them of the opportunity to have a child identification kit prepared.
(c) By June 30, 2006, the department shall prepare and submit a report to the Legislature summarizing the effectiveness of the program.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.

read:

11121.

It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from those files, and to refute any erroneous or inaccurate information contained therein.