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.

Existing law establishes the Rural Indian Crime Prevention Program, a program of financial and technical assistance for local law enforcement, within the Office of Emergency Services, to target the relationship between law enforcement and Indigenous communities to encourage and strengthen cooperative efforts and to implement crime suppression and prevention programs.

This bill would authorize the Governor to appoint a Red Ribbon Panel to address the murdered or missing indigenous persons (MMIP) crisis, consisting of specified members. The bill would require the panel to produce and submit, by January 1, 2026, a study with recommendations to address the MMIP crisis to tribes, Californias federal elected officials, the Legislature, counties, cities, and federal, tribal, state, county, and local law enforcement agencies. The bill would make related findings and declarations.

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2944

Author:(Waldron) – As Introduced Ver:February 16, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the Governor to appoint a Red Ribbon Panel (Panel) to address the murdered or missing indigenous persons (MMIP) crisis. The Panel must produce and submit to relevant stakeholders, by January 1, 2026, a study with recommendations to address the MMIP crisis.

FISCAL EFFECT:

Cost pressures (General Fund) of an unknown but potentially significant amount, depending on the scope of the Panel’s operations. The bill permits but does not require the Governor to appoint members to the Panel. The bill does not specify whether members will be compensated, eligible for a per diem, or reimbursed for expenses incurred while working for the Panel. The bill also does not specify whether the Panel may hire staff or contract with other parties to produce the required report.

Regardless, consistent with Appropriations Committee rules and practice, this bill is eligible for placement on the suspense file because it has the primary purpose of requiring a study.

COMMENTS:

1. Purpose. According to the author:

The Missing or Murdered Indigenous Persons (MMIP) crisis deeply affects Indigenous communities, especially in California, where cases often go unresolved. AB 2944 aims to address the MMIP crisis by establishing a Red Ribbon Panel led by tribal leaders and stakeholders to study and recommend actions by 2026. This bill acknowledges the disproportionate impact on Indigenous communities in California and seeks to address the systemic issues contributing to MMIP cases, prioritizing the safety and well-being of Indigenous individuals. A California-centric study on MMIP, involving all relevant stakeholders is needed to develop meaningful recommendations to identify, prioritize, and address the root causes of the MMIP crisis and take effective steps towards ensuring the safety and well-being of Indigenous communities in California.

1. Background. According to the U.S. Department of the Interior,

Native American and Alaska Native rates of murder, rape, and violent crime are all higher than the national averages. When looking at missing and murdered cases, data shows that Native American and Alaska Native women make up a significant portion of missing and murdered individuals.

The MMIP crisis refers to these disproportionately high rates of murder and disappearance of Indigenous people, whose cases are often unresolved, unsolved, or even unacknowledged outside of Indigenous communities. California has the largest population of Indigenous people in the U.S. However, despite growing awareness of the MMIP crisis, there is still a dearth of adequate data, investigative resources, and solutions to address this significant problem.

This bill allows the Governor to appoint a Red Ribbon Panel with the primary purpose of producing a report of recommendations about the MMIP crisis to tribes, California’s federal elected officials, the Legislature, counties, cities, and federal, tribal, state, county, and local law enforcement agencies. The bill specifies more than 30 members who will make up the Panel, including tribal leaders from across the state, representatives of law enforcement agencies, and representatives from California state agencies like the Office of Emergency Services and the Department of Social Services, among others. As described above, it is difficult to assess the costs associated with this measure because it includes few details about the Panel’s staffing, compensation, or operations. The author may wish to consider amendments to provide additional direction to the Panel and to help define the scope of this endeavor.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 2, 2024

Consultant: Elizabeth Potter

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2944

Author:(Waldron) – As Introduced Ver:February 16, 2024

SUMMARY: Creates the Red Ribbon Panel to address the murdered or missing indigenous persons (MMIP) crisis. Specifically, this bill:

1. Allows the Governor to appoint a Red Ribbon Panel to address the murdered or missing indigenous persons (MMIP) crisis with the panel being composed of the following members:
   
   1. Four tribal leaders from Norther California;
      
   2. Four tribal leaders from central California;
      
   3. Four tribal leaders from southern California;
      
   4. A chairperson, selected from the 12 tribal leaders;
      
   5. The Tribal Affairs Secretary;
      
   6. A representative from the Department of the California Highway Patrol;
      
   7. A representative from the State Department of Social Services;
      
   8. A representative from the Office of Emergency Services;
      
   9. A representative from the Attorney General’s office;
      
   10. The Superintendent of Public Instruction;
       
   11. Three representatives of counties;
       
   12. Three representatives of cities;
       
   13. A representative of federal law enforcement agencies;
       
   14. A representative of tribal law enforcement agencies;
       
   15. A representative of county law enforcement agencies;
       
   16. A representative of city law enforcement agencies;
       
   17. A Senator;
       
   18. A Member of the Assembly;
       
   19. Two representatives from tribal courts;
       
   20. Three victims’ rights advocates; and,
       
   21. A representative from the Bureau of Indian Affairs.
       
2. Requires the panel to produce and submit a study with recommendations to address the MMIP crisis to tribes, California’s elected officials, the Legislature, counties, cities, and federal, tribal, state, county, and local law enforcement agencies by January 1, 2026.
   
3. Makes findings and declarations.
   

EXISTING FEDERAL LAW:

1. Defines “Indian Country” as:
   
2. All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;
   
3. All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and,
   
4. All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (18 U.S.C. § 1151)
   
5. Provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country, as specified. (18 U.S.C. § 1162.):
   
6. Provides California limited jurisdiction over civil offenses that occur within Indian country. (25 U.S.C. § 1322, subds. (a) & (c).)

EXISTING STATE LAW:

1. States that murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187, subd. (a). )
   
2. States that malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (Pen. Code, § 188, subd. (a)(2). )
   
3. Requires that all local police and sheriffs’ departments shall accept any report, by any party, 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. (Pen. Code, § 14211, subd. (a).)
   
4. States that 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 by using the report forms, checklists, and guidelines, as specified. (Pen. Code, § 14211, subd. (c).)
   
5. Establishes the “feather alert”, a notification system designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. (Gov. Code, § 8594.13 subd. (a). )
   
6. States that if a person is reported missing to a law enforcement agency and that agency determines that specified requirements are met, the law enforcement agency may request the Department of the California Highway Patrol to activate a Feather Alert. (Gov. Code, § 8594.13 subd. (b)(1). )
   
7. Establishes the Rural Indian Crime Prevention Program. (Pen. Code, § 13847, subd. (a).)
   
8. Requires the Rural Indian Crime Prevention Program to target the relationship between law enforcement and Native American communities to encourage and to strengthen cooperative efforts and to implement crime suppression and prevention programs. (Pen. Code, § 13847, subd. (a).)
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, “California has the largest population of Native Americans than any other state in the nation. Our state is home to a diverse array of Indigenous communities, consisting of 109 federally recognized tribes, more than 60 tribes seeking federal recognition, and hundreds of thousands Indigenous people from across the country, each with unique cultures, histories, and challenges. Structural and systemic failures make it difficult to accurately determine the total number of missing or murdered indigenous people. Although the data that has been collected, is underreported and has revealed that Indigenous people experience higher rates of violence and victimization compared to any other ethnic group.
   
   “The Missing or Murdered Indigenous Persons (MMIP) crisis deeply affects Indigenous communities, especially in California, where cases often go unresolved. AB 2944 aims to address the MMIP crisis by establishing a Red Ribbon Panel led by tribal leaders and stakeholders to study and recommend actions by 2026. This bill acknowledges the disproportionate impact on Indigenous communities in California and seeks to address the systemic issues contributing to MMIP cases, prioritizing the safety and well-being of Indigenous individuals. A California-centric study on MMIP, involving all relevant stakeholders is needed to develop meaningful recommendations to identify, prioritize, and address the root causes of the MMIP crisis and take effective steps towards ensuring the safety and well-being of Indigenous communities in California.”
   
2. Murdered or Missing Indigenous Persons (MMIP) in California and throughout the U.S.: The problem of MMIP reaches across state lines. In 2018, the Urban Indian Health Institute (UIHI) published a study addressing MMIP titled Missing and Murdered Indigenous Women & Girls, A snapshot of date from 71 urban cities in the United States. (Available at: https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf [as of Mar. 26, 2024].) They state in part, “the National Crime Information Center reports that, in 2016, there were 5,712 reports of missing American Indian and Alaska Native women and girls, though the US Department of Justice’s federal missing persons database, NamUs, only logged 116 cases.” (Missing and Murdered Indigenous Women & Girls, supra, at p. 2.) The lack of information, underreporting, and misinformation on MMIPs leads to various discrepancies as to how local, state, and federal agencies responsd to this ongoing crisis.
   
   The UIHI tried, repeatedly, to gather information from various sources including, but not limited to, law enforcement agencies, state and national databases, and media coverage regarding MMIP. Some sources either did not respond or found it to laborious to produce or provide information for MMIP.
   
   In their report, the UIHI states, “As demonstrated by the findings of this study, reasons for the lack of quality data include underreporting, racial misclassification, poor relationships between law enforcement and American Indian and Alaska Native communities, poor record-keeping protocols, institutional racism in the media, and a lack of substantive relationships between journalists and American Indian and Alaska Native communities. In an effort to collect as much case data as possible and to be able to compare the five data sources used, UIHI collected data from Freedom of Information Act (FOIA) requests to law enforcement agencies, state and national missing persons databases, searches of local and regional news media online archives, public social media posts, and direct contact with family and community members who volunteered information on missing or murdered loved ones.” (Missing and Murdered Indigenous Women & Girls, supra, at p. 4.)
   
   According to a memo produced by the Yurok Tribe in Partnership with Strong Hearted Native Women’s Coalition, provided to this committee by the author, Recommendations for Federal and State Leaders Addressing the Crisis of Missing and Murdered Indigenous People, “California has over 109 federally recognized native tribes, and has the largest population of Native Americans of any state in the United States and the fifth largest caseload of Missing and Murdered Indigenous People (MMIP).” The report gives direct insight into the needs of indigenous groups who live and reside in California. The memo makes recommendations specifically for California, including the creation of a Red Ribbon Panel to address MMIP.
   
   This bill would allow the Governor to create a Red Ribbon Panel to produce a report on recommendations for addressing the MMIP crisis.
   
3. Savannah’s Law: In 2019, U.S. Senator, Lisa Murkowski, from the State of Alaska introduced proposed legislation to address the problem of MMIP. Signed in 2020, Public Law 116-165, also known as Savannah’s Law, was enacted to direct the federal Department of Justice (DOJ) to review, revise, and develop law enforcement and justice protocols to address missing or murdered Native Americans.
   
   The legislation requires DOJ to:
   

• provide training to law enforcement agencies on how to record tribal enrollment for victims in federal databases;
• develop and implement a strategy to educate the public on the National Missing and Unidentified Persons System;
• conduct specific outreach to tribes, tribal organizations, and urban Indian organizations regarding the ability to publicly enter information through the National Missing and Unidentified Persons System or other non-law enforcement sensitive portal;
• develop regionally appropriate guidelines for response to cases of missing or murdered Native Americans;
• provide training and technical assistance to tribes and law enforcement agencies for implementation of the developed guidelines; and
• report statistics on missing or murdered Native Americans.
  

Tribes may submit their own guidelines to DOJ that respond to cases of missing or murdered Native Americans.

Additionally, the bill authorizes DOJ to provide grants for the purposes of (1) developing and implementing policies and protocols for law enforcement regarding cases of missing or murdered Native Americans, and (2) compiling and annually reporting data relating to missing or murdered Native Americans.

Federal law enforcement agencies must modify their guidelines to incorporate the guidelines developed by DOJ.

Finally, the Federal Bureau of Investigation must include gender in its annual statistics on missing and unidentified persons published on its website. (https://www.congress.gov/bill/116th-congress/senate-bill/227) [as of Mar. 25. 2024]

While this federal legislation is an important step to address the continuing problem of MMIP’s, the collaboration and implementation of these guidelines is not clear in this state.

1. Practical Considerations: While this bill allows the governor to create a Red Ribbon Panel (panel) to address the problem of MMIP, this bill does not currently have any framework in place for when and how often the panel should meet. And, while the panel is required to produce a report, there are no guidelines as to what should be included in the report. The need for this panel is long overdue, but may benefit from guidance and structure within the panel as to how to best achieve their goals.
   
2. Argument in Support: According to “Strong Hearted Native Women’s Coalition, Inc. (SHNWC) states, “SHNWC works to restore healthy families and communities by bringing awareness to and prevention education on domestic violence, sexual assault, trafficking, stalking, dating violence, and MMIP. The purpose of our coalition is to enhance the capacity of tribes, survivors, advocates, victim organizations, and victim services providers to end violence against American Indian and Alaskan Native people. Our organization aims to enhance accessibility for improving systemic and community response to victims.
   
   “MMIP refers to the disproportionately high rates of disappearance and murder among Indigenous individuals, particularly women, girls, and two-spirit people, whose cases often go uninvestigated or unresolved. MMIP is a crisis plaguing Indigenous communities in the United States and the state of California, specifically. California has the largest population of Indigenous people than any other state in the nation and has the fifth largest caseload of MMIP.
   
   “Structural and systemic failures make it difficult to accurately attain the total number of missing or murdered indigenous people. However, the data that has been collected and is intuitively underreported, reveals shocking disparities that Indigenous people experience higher rates of violence and victimization compared to any other ethnic group. Furthermore, the historical context of colonization, genocide, and ongoing marginalization exacerbates the vulnerability of Indigenous communities, manifesting in high rates of poverty, lack of housing, child welfare issues, educational performance challenges, and involvement in the criminal justice system, among others, all of which are contributing factors to the crisis of MMIP.
   
   “MMIP is a complex and urgent issue that demands a comprehensive, collaborative, and interdisciplinary response. At the federal and state levels, initial steps have been taken, but generally, these efforts are piecemeal, disjointed, and fall short of addressing the multifaceted challenges comprehensively. AB 2944 calls for a California-centric study on the MMIP crisis to establish a comprehensive action plan to enhance the safety and well-being of Indigenous peoples in California.”
   
3. Related Legislation: AB 1863 (Ramos), would make changes to the “Feather Alert” including, but not limited to, application of the “Feather Alert” to a missing indigenous person and urging the Governor to declare a state of emergency on MMIP. AB 1863 is pending hearing in the Emergency Management Committee.
   
4. Prior Legislation:
   
   1. AB 1574 (Waldron), of the 2023-2024 Legislative Session, was substantially similar to this bill, but was never heard by a policy committee, and subsequently returned to the desk.
      
   2. AB 1314 (Ramos), Chapter 476, Statutes of 2022, established the Feather Alert system, to aid in the location of an Indigenous person who has gone missing under suspicious circumstances, been abducted or kidnapped.
      
   3. AB 3099 (Ramos), Chapter 170, Statutes of 2020, requires the Department of Justice (DOJ), upon funding, to provide technical assistance relating to tribal issues to local law enforcement agencies, as specified, and tribal governments with Indian lands. It also requires DOJ, upon funding, to study and report on how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.
      
   4. AB 1653 (Frazier), of the 2019-2020 Legislative Session, would have created the Missing and Murdered Indigenous Women Task Force to consult with California’s Indian tribes to ensure resources are used effectively to investigate cases of missing and murdered indigenous persons in the state and would have alsso required the task force to submit a report to the Legislature on or before January 1, 2022. AB 1653 was held on the Assembly Appropriations suspense file, and subsequently returned to the desk.
      
   5. AB 2761 (Hauser), Chapter 132, Statutes of 1990, established the Rural Crime Prevention Program to work with Native American communities and law enforcement, to implement crime suppression and prevention programs, among other duties, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

California Tribal Business Alliance
Habematolel Pomo of Upper Lake
Strong Hearted Native Women's Coalition, INC.

Opposition

None

Analysis Prepared by:

Elizabeth Potter / PUB. S. / (916) 319-3744