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AB-2461 Missing or unidentified persons.(2021-2022)

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Date Published: 03/29/2022 09:00 PM
AB2461:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2461

Introduced by Assembly Member Rodriguez

February 17, 2022

An act to add and repeal Section 14213.5 of to the Penal Code, relating to missing persons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2461, as amended, Rodriguez. Missing or unidentified persons.
Existing law requires the Attorney General to 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. Existing law requires the Attorney General to establish within the center and to maintain an online, automated computer system designed to effect an immediate law enforcement response to reports of missing persons, and requires the center to make information authorized for dissemination that is contained in law enforcement reports regarding missing or unidentified persons accessible to the National Missing and Unidentified Persons System.
This bill, until January 1, 2025, bill would require a general acute care hospital and an acute psychiatric hospitals hospital, when feasible, to report to law enforcement, within 5 business days after a patient’s admission, if the hospital does not know the identity of the patient and the patient is unable to identify themselves and an emergency contact due to a medical or psychiatric condition. The bill would require law enforcement to offer to take attempt to identify the patient using available law enforcement resources, including taking the patient’s fingerprints and search the National Crime Information Center database, the National Institute of Justice National Missing and Unidentified Persons System database, and, if the patient appears to be fewer than 21 years of age, the National Center for Missing and Exploited Children database. The bill would require a law enforcement agency, if able to identify the patient, to provide the hospital with the patient’s identity or an emergency contact person, as defined. By placing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 14213.5 is added to the Penal Code, to read:

14213.5.
 (a) A general acute care hospital and an acute psychiatric hospital, as defined in Section 1250 of the Health and Safety Code, when feasible, shall report to the law enforcement agency in whose jurisdiction the hospital is located, no later than five business days after a patient’s admission but prior to discharge, when both of the following apply:
(1) The hospital does not know the identity of the patient.
(2) The patient is unable to identify their name and an emergency contact person due to a medical or psychiatric condition.
(b) A law enforcement agency that receives a report pursuant to subdivision (a) shall, no later than five business days after receiving a hospital’s report, offer to do the following:

(1)Take the patient’s fingerprints.

(1) Attempt to identify the patient using available law enforcement resources, including, but not limited to, obtaining the patient’s fingerprints.
(2) Search the National Crime Information Center database, the National Institute of Justice National Missing and Unidentified Persons System database, and, if the patient appears to be fewer than 21 years of age, the National Center for Missing and Exploited Children database.
(3) If the agency is able to identify the patient or an emergency contact person, promptly provide that information to the hospital.
(c) Notwithstanding any other law, the hospital shall disclose to the local law enforcement agency any information reasonably necessary to help identify the patient and an emergency contact person.
(d) For purposes of this section, an “emergency contact person” means a family member or close personal friend of the patient. A “family member” means, with respect to an individual, any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of the individual.
(e) This section does not create a private right of action.

(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 2.

 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.