SB 4: Missing and Murdered Indigenous Persons Justice Program.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-05-23
Current Status:
In Progress
(2025-08-29: August 29 hearing: Held in committee and under submission.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs.
Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments.
This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, until January 1, 2029, 2028, would require the program to submit an annual report to both houses of the Legislature containing, among other things, data on the number of and facts about cases involving missing and murdered indigenous persons in California.
Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs.
Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments.
This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, until January 1, 2029, would require the program to submit an annual report to both houses of the Legislature containing, among other things, data on the number of and facts about cases involving missing and murdered indigenous persons in California.
Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs.
Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments.
This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, until January 1, 2029, would require the program to submit an annual report to both houses of the Legislature containing, among other things, data on the number of and facts about cases involving missing and murdered indigenous persons in California.
The Missing and Murdered Indigenous Persons Justice Program is established within and under the discretion of the Department of Justice. The program shall have all of the following responsibilities:
(a)Facilitate collaboration and act as a liaison between tribal victims families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking.
(b)Provide technical assistance to law enforcement agencies already engaged in investigating cases involving missing and murdered indigenous persons in California, including cases of human trafficking.
(c)Publish data on the number of, and facts about, cases involving missing and murdered indigenous persons in California, where appropriate.
(d)(1)Submit an annual report to both houses of the Legislature containing all of the following:
(A)The cases the department acted as a liaison pursuant to subdivision (a) and provided technical assistance to law enforcement pursuant to subdivision (b).
(B)The information published pursuant to subdivision (c).
(C)An analysis of all appropriate data, and any recommendations to assist or improve upon necessary collaboration and coordination between local, state, and tribal governments in addressing missing and murdered indigenous persons in California.
(2)(A)The requirement for submitting a report imposed pursuant to this subdivision is inoperative on and after January 1, 2029, 2028, pursuant to Section 10231.5.
(B)The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
The Missing and Murdered Indigenous Persons Justice Program is established within and under the discretion of the Department of Justice. The program shall have all of the following responsibilities:
(a)Facilitate collaboration and act as a liaison between tribal victims families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking.
(b)Provide technical assistance to law enforcement agencies already engaged in investigating cases involving missing and murdered indigenous persons in California, including cases of human trafficking.
(c)Publish data on the number of of, and facts about about, cases involving missing and murdered indigenous persons in California, where appropriate.
(d)(1)Submit an annual report to both houses of the Legislature containing all of the following:
(A)The cases the department acted as a liaison pursuant to subdivision (a) and provided technical assistance to law enforcement pursuant to subdivision (b).
(B)The information published pursuant to subdivision (c).
(C)An analysis of all appropriate data, and any recommendations to assist or improve upon necessary collaboration and coordination between local, state, and tribal governments in addressing missing and murdered indigenous persons in California.
(2)(A)The requirement for submitting a report imposed pursuant to this subdivision is inoperative on and after January 1, 2029, pursuant to Section 10231.5.
(B)The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
The Missing and Murdered Indigenous Persons Justice Program is established within and under the discretion of the Department of Justice. The program shall have all of the following responsibilities:
(a)Facilitate collaboration and act as a liaison between tribal victims families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking.
(b)Provide technical assistance to law enforcement agencies already engaged in investigating cases involving missing and murdered indigenous persons in California, including cases of human trafficking.
(c)Publish data on the number of and facts about cases involving missing and murdered indigenous persons in California, where appropriate.
(d)(1)Submit an annual report to both houses of the Legislature containing all of the following:
(A)The cases the department acted as a liaison pursuant to subdivision (a) and provided technical assistance to law enforcement pursuant to subdivision (b).
(B)The information published pursuant to subdivision (c).
(C)An analysis of all appropriate data, and any recommendations to assist or improve upon necessary collaboration and coordination between local, state, and tribal governments in addressing missing and murdered indigenous persons in California.
(2)(A)The requirement for submitting a report imposed pursuant to this subdivision is inoperative on and after January 1, 2029, pursuant to Section 10231.5.
(B)The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
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Date
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Status
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|---|---|
| Aug 29, 2025 | August 29 hearing: Held in committee and under submission. |
| Jul 16, 2025 | July 16 set for first hearing. Placed on APPR. suspense file. |
| Jun 17, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on APPR. |
| Jun 9, 2025 | Referred to Com. on PUB. S. |
| Jun 3, 2025 | In Assembly. Read first time. Held at Desk. |
| Jun 2, 2025 | Read third time. Passed. (Ayes 38. Noes 0. Page 1371.) Ordered to the Assembly. |
| May 27, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1186.) (May 23). |
| May 23, 2025 | Read second time and amended. Ordered to second reading. |
| May 16, 2025 | Set for hearing May 23. |
| Apr 7, 2025 | April 7 hearing: Placed on APPR. suspense file. |
| Mar 28, 2025 | Set for hearing April 7. |
| Mar 25, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0. Page 532.) (March 25). Re-referred to Com. on APPR. |
| Mar 12, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 7, 2025 | Set for hearing March 25. |
| Jan 29, 2025 | Referred to Com. on PUB. S. |
| Dec 3, 2024 | From printer. May be acted upon on or after January 2. |
| Dec 2, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jun 17, 2025 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
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| Jun 2, 2025 | Senate 3rd Reading SB4 Cervantes et al. | Senate Floor |
Passed |
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| May 23, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
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| Apr 7, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Mar 25, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| 3strands global foundation | ** Support | |
| Arcadia Police Officers' Association | ** Support | |
| Brea Police Association | ** Support | |
| Brea Police Association; Burbank Police Officers’ Association | ** Support | |
| Burbank Police Officers' Association | ** Support | |
| California Association of School Police Chiefs | ** Support | |
| California Civil Liberties Advocacy | ** Support | |
| California Coalition of School Safety Professionals | ** Support | |
| California Coastkeeper Alliance | ** Support | |
| California District Attorneys Association | ** Support | |
| California Environmental Voters | ** Support | |
| California Faculty Association | ** Support | |
| California Narcotic Officers' Association | ** Support | |
| California Reserve Peace Officers Association | ** Support | |
| California State PTA | ** Support | |
| California State Sheriffs' Association | ** Support | |
| California Tribal Business Alliance | ** Support | |
| California Trout | ** Support | |
| California Valley Miwok Tribe Aka Sheep Ranch Rancheria | ** Support | |
| CLAREMONT POLICE OFFICERS ASSOCIATION | ** Support | |
| cleanearth4kids.org | ** Support | |
| Corona Police Officers Association | ** Support | |
| Courage California | ** Support | |
| Crime Victims United Of California | ** Support | |
| Culver City Police Officers' Association | ** Support | |
| Democrats of Rossmoor | ** Support | |
| Environmental Protection Information Center | ** Support | |
| Friends of the Eel River | ** Support | |
| Fullerton Police Officers' Association | ** Support | |
| Habematolel Pomo Of Upper Lake | ** Support | |
| Los Angeles School Police Management Association | ** Support | |
| los angeles school police officers association | ** Support | |
| Morongo Band Of Mission Indians | ** Support | |
| Mount Shasta Bioregional Ecology Center | ** Support | |
| Murrieta Police Officers' Association | ** Support | |
| Newport Beach Police Association | ** Support | |
| North Fork Rancheria Of Mono Indians Of California | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| PLACER COUNTY DEPUTY SHERIFFS ASSOCIATION | ** Support | |
| Planning And Conservation League | ** Support | |
| Pomona Police Officers' Association | ** Support | |
| Riverside County District Attorney | ** Support | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs' Association | ** Support | |
| Santa Ana Police Officers Association | ** Support | |
| Save California Salmon | ** Support | |
| Scotts Valley Band of Pomo Indians | ** Support | |
| Smart Justice California, a project of Tides Advocacy | ** Support | |
| Trout Unlimited | ** Support | |
| Trust for Public Land | ** Support | |
| Yurok Tribe | ** Support |
Date of Hearing: July 16, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 4
Author:(Cervantes) – As Amended Ver:May 23, 2025
Policy Committee: | Public Safety | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes the Missing and Murdered Indigenous Persons Justice Program (MMIPJP) within the Department of Justice (DOJ).
Specifically, this bill tasks the MMIPJP with:
- Facilitating collaboration and acting as a liaison between tribal victims’ families, tribal governments, and law enforcement agencies regarding cases involving missing and murdered indigenous people in California.
- Providing technical assistance to law enforcement agencies engaged in investigating cases involving missing and murdered indigenous people in California.
- Publishing data on the number of, and facts about, cases involving missing and murdered indigenous people in California, where appropriate.
- Submitting, annually until January 1, 2028, a report to the Legislature regarding its fulfillment of the above duties, as specified.
FISCAL EFFECT:
Costs (General Fund) to DOJ, likely in the low millions of dollars annually. DOJ anticipates costs of $1.4 million in fiscal year (FY) 2025-26, $2.1 million in FY 2026-27, and $1.9 million in FY 2028-29 for nine full-time positions in its Division of Law Enforcement, Victim Services Unit, Directorate Division, and Special Prosecutions Section, plus IT software costs and consulting services for the annual report. DOJ anticipates costs of $2.3 million in FY 2029-30 and ongoing thereafter to maintain the above-described staffing levels for the MMIPJP and add two additional full-time positions in the department’s Research Services Branch.
COMMENTS:
- 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. According to the author:
It is an unfortunate truth that across the United States, including in California, there is an ongoing crisis of persistent violence levied committed against Indigenous people, especially women and girls…This bill will help provide a coordinated state response to MMIP cases, as well as shine a light on a crisis affecting our Indigenous communities that has not received nearly the attention it deserves.
- Prior Legislation. AB 2279 (Cervantes), of the 2023-24 Legislative Session, was substantially similar to SB 4. AB 2279 was vetoed by the Governor, who wrote:
My administration continues to prioritize policies that increase collaboration between law enforcement and tribal communities to bring justice to those impacted. In partnership with the Legislature, we increased funding in this year’s budget for the MMIP Grant Program, which has awarded millions of dollars to support tribes’ efforts to identify, publicize, investigate, and solve MMIP cases. This measure is duplicative of those efforts and creates a new, unfunded grant program not included in the 2024 Budget Act…It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.
In 2024, under the MMIP grant program, the Board of State and Community Corrections (BSCC) approved $19.9 million in grant awards for 18 federally recognized Indian tribes in California. According to BSCC, these grants are used by tribes to “support efforts to identify, collect case-level data, publicize, and investigate and solve cases involving missing and murdered indigenous people.”
Among other state, federal, and tribal efforts, there is an Office of Native American Affairs (ONAA) currently within DOJ. According to DOJ’s website, ONAA is responsible for advising the Attorney General on matters of importance to tribal governments and citizens; serving as a liaison between DOJ and federal, tribal, and state justice systems; and facilitating and promoting a statewide framework for state and tribal partnerships through coordination of intergovernmental services, programs, and technical assistance for justice-related issues. It is not clear to what extent ONAA is already working on issues pertaining to the MMIP crisis, or how ONAA and the MMIPJP would share these duties.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: June 17, 2025
Counsel: Dustin Weber
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Nick Schultz, Chair
SBPCA Bill Id:SB 4
Author:(Cervantes) – As Amended Ver:May 23, 2025
SUMMARY: Establishes a Missing and Murdered Indigenous Persons Justice Program (MMIPJP) within the Department of Justice (DOJ) that would impose specified responsibilities, including facilitating collaboration and acting as a liaison between tribal entities and federal, tribal, state, and out-of-state law enforcement agencies. Specifically, this bill:
- Establishes MMIPJP and states that the MMIPJP has all of the following responsibilities:
- Facilitate collaboration and act as a liaison between tribal victims’ families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking;
- Provide technical assistance to law enforcement agencies already engaged in investigating cases involving missing and murdered indigenous persons in California, including cases of human trafficking; and,
- Publish data on the number of, and facts about, cases involving missing and murdered indigenous persons in California, where appropriate.
- Requires submission of an annual report to both houses of the Legislature containing all of the following:
- The cases DOJ acted as a liaison and provided technical assistance to law enforcement, as defined;
- The information published on cases involving missing and murdered indigenous persons in California, as defined; and,
- An analysis of all appropriate data, and any recommendations to assist or improve upon necessary collaboration and coordination between local, state, and tribal governments in addressing missing and murdered indigenous persons in California.
- Provides that the requirement for submitting a report is inoperative on and after January 1, 2028.
EXISTING FEDERAL LAW:
- Provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country, as specified. Provides that the Indian Country affected within California includes all Indian Country within the state. (18 U.S.C. § 1162.)
- Defines “Indian country” as:
- All land within the limits of any Indian reservation under the jurisdiction of the U.S. Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;
- All dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and,
- 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.)
- EXISTING LAW:
- Provides that murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187, subd. (a).)
- 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 at-risk adults. (Pen. Code, § 14200, subd. (a).)
- Requires all local police and sheriffs’ departments to accept any report, by any party, including any telephonic report, of a missing person, including runaways, without delay and to give priority to the handling of these reports over the handling of reports relating to crimes involving property. (Pen. Code, § 14211, subd. (a).)
- Requires the local police or sheriff’s department, in cases of reports involving missing persons, including, but not limited to, runaways, to immediately take the report and make an assessment of reasonable steps to be taken to locate the person by using the required report forms, checklists, and guidelines. (Pen. Code, § 14211, subd. (c).)
- 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. (Gov. Code, § 8594.13, subd. (a).)
- Provides that a law enforcement agency or Tribe of California may directly request the California Highway Patrol (CHP) to activate a Feather Alert. (Gov. Code, § 8594.13, subd. (c)(1).)
- Specifies that a law enforcement agency may request that a Feather Alert be activated if that agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. (Gov. Code, § 8594.13, subd. (e).)
- Requires the law enforcement agency to consider the following factors to make that determination:
- The missing person is an indigenous woman or an indigenous person;
- The investigating law enforcement agency has utilized available local and tribal resources;
- The law enforcement agency determines that the person is missing;
- The law enforcement agency or tribe believes that the person is in danger and is missing under circumstances that indicate that: the missing person’s physical safety may be endangered; the missing person may be subject to trafficking; or the missing person suffers from a mental or physical disability, or a substance use disorder; and,
- There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. (Gov. Code, § 8594.13, subd. (e).)
- Establishes the Rural Indian Crime Prevention Program within the Office of Emergency Services, the purpose of which is to provide financial and technical assistance for local law enforcement. (Pen. Code, § 13847, subd. (a).)
- Requires the 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:
- Author's Statement: According to the author, “It is an unfortunate truth that across the United States, including in California, there is an ongoing crisis of persistent violence levied committed against Indigenous people, especially women and girls. The Sovereign Bodies Institute (SBI) began tracking the number of murdered and missing Indigenous people (MMIP) in California in 2015 and found that there are approximately 18 new MMIP cases documented per year. Cases were documented in 42 of California’s 58 counties. According to SBI, 91 percent of murdered and missing Indigenous children in Southern California are girls, and the lack of thematic issues among these cases suggests these girls are targeted because they are both Indigenous and girls.
“Senate Bill 4, a reintroduction of my Assembly Bill 2279 from 2024, will continue this effort by establishing the Missing and Murdered Indigenous Persons Justice Program within the Department of Justice. The Program would be empowered to facilitate collaboration and act as a liaison between tribal victims’ families; tribal governments; and state, federal, and out-of-state law enforcement agencies. The Program would also provide technical advice to law enforcement agencies investigating MMIP cases in California when appropriate. Finally, to further improve transparency regarding the ongoing MMIP crisis, the Program would be required to publish data on the number of MMIP cases and facts about those cases, as well as submit an annual report to the Legislature. This bill will help provide a coordinated state response to MMIP cases, as well as shine a light on a crisis affecting our Indigenous communities that has not received nearly the attention it deserves.”
- Effect of the Bill: This bill would establish the Missing and Murdered Indigenous Persons Justice Program “within and under the discretion” of DOJ. The use of the word “discretion” in the context of DOJ’s role creates some ambiguity about the extent of DOJ’s responsibility to the program beyond the requirement that the program exist within its department. Black’s Law Dictionary defines “discretion” as “wise conduct and management, cautious discernment, prudence . . . the power of free decision-making.”[1] The California Supreme Court has used this definition as well. (See People v. Rodriguez (2016) 1 Cal. 5th 676, 685.) Given the language of the bill and the definitions of a key word in the bill, it is not clear whether DOJ would have the authority, for example, to simply house the program in name only but direct no funding or resources to its operation.
Assuming an operational program, this bill would also include additional responsibilities for DOJ to facilitate collaboration with law enforcement agencies and tribal entities regarding active and inactive cases of missing and murdered indigenous persons in California, provide technical assistance to law enforcement agencies already investigating cases of missing and murdered indigenous persons in California, publish data about missing and murdered indigenous persons in California, and submit an annual report to both houses of the California legislature.
The goals of this bill appear to align with some of the gaps in justice for missing and murdered indigenous persons detailed in the Urban Indian Health Institute (UIHI) report discussed below.
- Background: In 2018, UIHI published a report after conducting a study “aimed at assessing the number and dynamics of cases of missing and murdered American Indian and Alaska Native women and girls in cities across the United States.”[2] In its report, UIHI cited a National Crime Information Center statistic that there were 5,712 reports of missing American Indian and Alaska Native women and girls made in 2016 although the United States Department of Justice’s (US DOJ) federal missing persons database only had 116 cases.[3] That discrepancy as well as the lack of research on rates of violence among American Indian and Alaska Native women living in urban areas—where nearly three quarters of the Indigenous population lives—led UIHI to conduct its study.[4]
In describing its methodology to collect data on cases of missing and murdered Indigenous women and girls, the UIHI stated:
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.[5]
The report concluded:
UIHI discovered a striking level of inconsistency between community, law enforcement, and media understandings of the magnitude of this violence. If this report demonstrates one powerful conclusion, it is that if we rely solely on law enforcement or media for an awareness or understanding of the issue, we will have a deeply inaccurate picture of the realities, minimizing the extent to which our urban American Indian and Alaska Native sisters experience this violence. This inaccurate picture limits our ability to address this issue at policy, programing, and advocacy levels.[6]
This bill seeks to address some of the issues outlined in the report. However, it is not evident to what extent this bill would generate duplicative or superfluous efforts already undertaken at the federal and state levels.
- Existing Efforts to Address Missing and Murdered Indigenous Persons: At the federal level, Public Law 116-165, also known as Savanna’s Law, was enacted to direct the US DOJ to review, revise, and develop law enforcement and justice protocols to address missing or murdered Native Americans. (25 U.S.C. § 5701 et seq.)
Savanna’s Law requires the US 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. (Ibid.)
Tribes may submit their own guidelines to US DOJ that respond to cases of missing or murdered Native Americans. (Ibid.) Additionally, the law authorizes US 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. (Ibid.)
At the state level, the Missing and Murdered Indigenous Persons Grant Program provides funding through competitive grants to federally recognized tribes “to support efforts to identify, collect case-level data, publicize, and investigate and solve cases involving missing and murdered indigenous people. Grants should focus on activities including, but not limited to, developing culturally based prevention strategies, strengthening responses to human trafficking, and improving cooperation and communication on jurisdictional issues between state, local, federal, and tribal law enforcement in order to investigate and solve cases involving missing and murdered indigenous people.”[7]
This bill is substantially similar to AB 2279 of the 2023-2024 legislative session, which was vetoed. In addition to the requirements in this bill, AB 2279 would have required the program to provide grants to local and tribal law enforcement agencies to support investigatory activities.
In his veto message of AB 2279, Governor Newsom wrote:
I appreciate the author’s commitment to addressing the ongoing MMIP crisis. My administration continues to prioritize policies that increase collaboration between law enforcement and tribal communities to bring justice to those impacted. In partnership with the Legislature, we increased funding in this year’s budget for the MMIP Grant Program, which has awarded millions of dollars to support tribes’ efforts to identify, publicize, investigate, and solve MMIP cases.
This measure is duplicative of those efforts and creates a new, unfunded grant program not included in the 2024 Budget Act. In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.
The Cohort 3 cycle for this grant program is expected to commence on August 1, 2025 with funding in the amount of $12.9 million dollars to be distributed throughout the cycle.[8] Absent additional clarification on how this bill is distinguishable from current programs, the bill could face a veto from the Governor.
With these federal and state programs in place, it is not clear to what extent this bill will provide additional, useful resources to further aid the problem of under-resourcing cases involving missing and murdered indigenous persons.
- Argument in Support: According to the California District Attorneys Association, “The disproportionate rates of violence, human trafficking, and disappearance among Indigenous individuals demand urgent and sustained action. SB 4 takes a crucial step in strengthening investigative coordination, improving data collection, and enhancing law enforcement’s ability to address these tragic cases effectively. By providing a dedicated program within the Department of Justice, the bill ensures that resources and expertise are directed toward resolving cases that have too often gone without justice.
“Additionally, SB 4’s requirement for annual reporting will enhance transparency and accountability, allowing stakeholders to assess the effectiveness of collaborative efforts while identifying areas for improvement. The California District Attorneys Association recognizes the importance of these measures in building trust with Indigenous communities and ensuring that every missing or murdered person receives the investigative attention they deserve.”
- Related Legislation:
- AB 977 (Ramos), would require, as part of the California Native American Graves Protection and Repatriation Act of 2001, the California State University, in consultation with tribes, to identify California State University-owned land for the burial of Native American human remains and designate three burial sites statewide. AB 977 is pending referral in the Senate Rules Committee.
- AB 1321 (Castillo), would require the Attorney General to establish, in consultation with specified groups, agencies, and organizations, an electronic database and support system, as specified, for the public to report and search for missing children. AB 1321 is pending hearing in the Assembly Public Safety Committee.
- Prior Legislation:
- AB 2279 (Cervantes), of the 2023-24 Legislative Session, was substantially similar to this bill. The Governor vetoed AB 2279.
- AB 2944 (Waldron), of the 2023-24 Legislative Session, would have authorized the Governor to appoint a Red Ribbon Panel to address the murdered or missing indigenous persons crisis, consisting of specified members. This bill was held in the Assembly Appropriations Committee. AB 2944 was held in suspense in the Assembly Appropriations Committee.
- AB 1314 (Ramos), Chapter 476, Statutes of 2022, authorized a law enforcement agency to request CHP to activate a “Feather Alert,” as defined, if specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances.
- AB 3099 (Ramos), Chapter 170, Statutes of 2020, required DOJ to provide technical assistance to local law enforcement agencies, as specified, and tribal governments with Indian lands, relating to tribal issues, including providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments.
REGISTERED SUPPORT / OPPOSITION:
Support
3strands Global Foundation
Arcadia Police Officers' Association
Brea Police Association
Burbank Police Officers' Association
California Association of School Police Chiefs
California Civil Liberties Advocacy
California Coalition of School Safety Professionals
California Coastkeeper Alliance
California District Attorneys Association
California Environmental Voters
California Faculty Association
California Narcotic Officers' Association
California Reserve Peace Officers Association
California State Pta
California State Sheriffs' Association
California Tribal Business Alliance
California Trout
California Valley Miwok Tribe Aka Sheep Ranch Rancheria
Claremont Police Officers Association
Cleanearth4kids.org
Corona Police Officers Association
Courage California
Crime Victims United of California
Culver City Police Officers' Association
Democrats of Rossmoor
Environmental Protection Information Center
Friends of the Eel River
Fullerton Police Officers' Association
Habematolel Pomo of Upper Lake
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Morongo Band of Mission Indians
Mount Shasta Bioregional Ecology Center
Murrieta Police Officers' Association
Newport Beach Police Association
North Fork Rancheria of Mono Indians of California
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Planning and Conservation League
Pomona Police Officers' Association
Riverside County District Attorney
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association
Scotts Valley Band of Pomo Indians
Smart Justice California, a Project of Tides Advocacy
Trust for Public Land
Yurok Tribe
Opposition
None submitted.
Analysis Prepared by: Dustin Weber / PUB. S. / (916) 319-3744
Discretion, Black’s Law Dict., 9th ed., at p. 564 ↑
Missing and Murdered Indigenous Women & Girls: A snapshot of date from 71 urban cities in the United States, Urban Indian Health Institute (2018) at p. 2 <https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf> [as of June 9, 2025]. ↑
Ibid. ↑
Ibid. ↑
Id. at p. 4. ↑
Id. at p. 20 ↑
Missing and Murdered Indigenous People Grant, Board of State and Community Corrections (2025), <https://www.bscc.ca.gov/missing-and-murdered-indigenous-people-grant-program/> [as of June 10, 2025]. ↑
Ibid. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 4 |
THIRD READING
Bill No: SB 4
Author: Cervantes (D), et al.
Amended: 5/23/25
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 3/25/25
AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25
AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Dahle
SUBJECT: Missing and Murdered Indigenous Persons Justice Program
SOURCE: Yurok Tribe
DIGEST:
This bill establishes The Missing and Murdered Indigenous Persons Justice Program within the Department of Justice (DOJ) which would facilitate collaboration between parties in cases of missing and murdered indigenous people.
ANALYSIS:
Existing federal law:
- Defines “Indian country” as: all land within the limits of any Indian reservation under the jurisdiction of the U.S. Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; all dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and 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.)
- Provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country, as specified. Provides that the Indian Country affected within California includes all Indian Country within the state. (18 U.S.C. § 1162.)
Existing law:
- Provides that murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187, subd. (a).)
- 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 at-risk adults. (Pen. Code, § 14200, subd. (a).)
- Requires all local police and sheriffs’ departments to accept any report, by any party, including any telephonic report, of a missing person, including runaways, without delay and to give priority to the handling of these reports over the handling of reports relating to crimes involving property. (Pen. Code, § 14211, subd. (a).)
- Requires the local police or sheriff’s department, in cases of reports involving missing persons, including, but not limited to, runaways, to immediately take the report and make an assessment of reasonable steps to be taken to locate the person by using the required report forms, checklists, and guidelines. (Pen. Code, § 14211, subd. (c).)
- 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. (Gov. Code, § 8594.13, subd. (a).)
- Provides that a law enforcement agency or Tribe of California may directly request the California Highway Patrol activate a Feather Alert. Specifies that a law enforcement agency may request that a Feather Alert be activated if that agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. Requires the law enforcement agency to consider the following factors to make that determination:
- The missing person is an indigenous woman or an indigenous person.
- The investigating law enforcement agency has utilized available local and tribal resources.
- The law enforcement agency determines that the person is missing.
- The law enforcement agency or tribe believes that the person is in danger and is missing under circumstances that indicate that: the missing person’s physical safety may be endangered; the missing person may be subject to trafficking; or the missing person suffers from a mental or physical disability, or a substance use disorder.
- There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. (Gov. Code, § 8594.13, subds. (c), (e).)
- Establishes the Rural Indian Crime Prevention Program within the Office of Emergency Services. Provides that the purpose of the program is to provide financial and technical assistance for local law enforcement. Requires the 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).)
This bill:
- Establishes the Missing and Murdered Indigenous Persons Justice Program (MMIPJP) within and under the discretion of the DOJ. Provides that the program has all of the following responsibilities:
- Facilitate collaboration and act as a liaison between tribal victims’ families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking.
- Provide technical assistance to law enforcement agencies already engaged in investigating cases involving missing and murdered indigenous persons in California, including cases of human trafficking.
- Publish data on the number of, and facts about, cases involving missing and murdered indigenous persons in California, where appropriate.
- Requires the DOJ to submit an annual report to both houses of the Legislature containing all of the following:
- The cases the department acted as a liaison and provided technical assistance to law enforcement.
- The information published on the number of, and facts about, cases involving missing and murdered indigenous persons.
- An analysis of all appropriate data, and any recommendations to assist or improve upon necessary collaboration and coordination between local, state, and tribal governments in addressing missing and murdered indigenous persons in California.
- Provides that the reporting requirement begins on January 1, 2028.
Background
In 2018, the Urban Indian Health Institute (UIHI) published a report after conducting a study “aimed at assessing the number and dynamics of cases of missing and murdered American Indian and Alaska Native women and girls in cities across the United States.” (UIHI, Missing and Murdered Indigenous Women & Girls: A snapshot of date from 71 urban cities in the United States, p.2 available at <https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf .) In its report, UIHI cited a National Crime Information Center statistic that there were 5,712 reports of missing American Indian and Alaska Native women and girls made in 2016 although the U.S. Department of Justice’s federal missing persons database only had 116 cases. (Ibid.) That discrepancy as well as the lack of research on rates of violence among American Indian and Alaska Native women living in urban areas—where nearly three quarters of the Indigenous population lives—led UIHI to conduct its study. (Ibid.)
In describing its methodology to collect data on cases of missing and murdered Indigenous women and girls, the UIHI stated:
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. (Id. at p. 4.)
The report concluded:
UIHI discovered a striking level of inconsistency between community, law enforcement, and media understandings of the magnitude of this violence. If this report demonstrates one powerful conclusion, it is that if we rely solely on law enforcement or media for an awareness or understanding of the issue, we will have a deeply inaccurate picture of the realities, minimizing the extent to which our urban American Indian and Alaska Native sisters experience this violence. This inaccurate picture limits our ability to address this issue at policy, programing, and advocacy levels. (Id. at p. 20.)
This bill seeks to address some of the issues outlined in the report. Specifically, this bill would establish the Missing and Murdered Indigenous Persons Justice Program within DOJ, to facilitate and act as a liaison between parties in cases regarding missing and murdered indigenous people, as well as to collect data from various sources. This bill would also require the DOJ to publish an annual report of its findings beginning in 2028.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Unknown, potentially significant ongoing fiscal impact (General Fund) to the DOJ to implement the requirements of this bill.
SUPPORT: (Verified 5/23/25)
Yurok Tribe (source)
3Strands Global Foundation
Arcadia Police Officers’ Association
Brea Police Association; Burbank Police Officers’ Association
California Association of School Police Chiefs
California Civil Liberties Advocacy
California Coalition of School Safety Professionals
California Coastkeeper Alliance
California District Attorneys Association
California Environmental Voters
California Faculty Association
California Narcotic Officers’ Association
California Reserve Peace Officers Association
California State PTA
California State Sheriffs’ Association
California Tribal Business Alliance
California Trout
Claremont Police Officers Association
CleanEarth4Kids.org
Courage California
Crime Victims United of California
Culver City Police Officers’ Association
Democrats of Rossmoor
Environmental Protection Information Center
Friends of the Eel River
Fullerton Police Officers’ Association
Habematolel Pomo of Upper Lake
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Mount Shasta Bioregional Ecology Center
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs’ Association
Planning and Conservation League
Pomona Police Officers’ Association
Riverside Police Officers Association
Riverside Sheriffs’ Association
Santa Ana Police Officers Association
Save California Salmon
Smart Justice California
Trout Unlimited
Trust for Public Land
OPPOSITION: (Verified 5/23/25)
None received
Prepared by: Stephanie Jordan / PUB. S. /
5/27/25 10:32:43
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 4 (Cervantes) - Missing and Murdered Indigenous Persons Justice Program
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 4 creates the Missing and Murdered Indigenous Persons Justice Program (MMIPJP) within the Department of Justice (DOJ) to improve collaboration amongst law enforcement agencies in cases of missing and murdered indigenous people.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 23, 2025
Fiscal Impact:
Unknown, potentially significant ongoing fiscal impact (General Fund) to the DOJ to implement the requirements of this bill.
Author Amendments:
Add a coauthor and extend the deadline for the report to January 1, 2029.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 4 (Cervantes) - Missing and Murdered Indigenous Persons Justice Program
Version: March 12, 2025 | Policy Vote: PUB. S. 6 - 0 |
Urgency: No | Mandate: No |
Hearing Date: April 7, 2025 | Consultant: Liah Burnley |
Bill Summary:
SB 4 creates the Missing and Murdered Indigenous Persons Justice Program (MMIPJP) within the Department of Justice (DOJ) to improve collaboration amongst law enforcement agencies in cases of missing and murdered indigenous people.
Fiscal Impact:
Unknown, potentially significant ongoing fiscal impact (General Fund) to the DOJ to implement the requirements of this bill. (See Staff Comments)
Background:
According to the author, “there is an ongoing crisis of persistent violence levied committed against Indigenous people, especially women and girls.” The Sovereign Bodies Institute has tracked approximately 18 new cases of missing and murdered Indigenous people (MMIP) per year in California since 2015. A 2018 Urban Indian Health Institute report highlighted inconsistencies in how these cases are understood by communities, law enforcement, and the media.[1]
Proposed Law:
This bill establishes the MMIPJP within the DOJ to:
- Facilitate collaboration and act as a liaison between tribal victims’ families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies regarding active and inactive MMIP cases, including human trafficking cases;
- Provide technical assistance to law enforcement agencies investigating MMIP cases; and,
- Publish data on MMIP cases, as specified.
This bill requires the DOJ to submit an annual report, starting January 1, 2029, to both houses of the Legislature containing the following:
- The cases the department acted as a liaison and provided technical assistance to law enforcement;
- Published data on MMIP cases; and,
- An analysis and recommendations for improving collaboration and coordination between local, state, and tribal governments in MMIP cases.
Related Legislation:
AB 2279 (Cervantes), vetoed in 2024, was substantially similar to this bill. In addition, AB 2279 would have required the program to provide grants to local and tribal law enforcement agencies to support investigatory activities. In his veto message of AB 2279, Governor Newsom wrote:
[…] In partnership with the Legislature, we increased funding in this year’s budget for the MMIP Grant Program, which has awarded millions of dollars to support tribes’ efforts to identify, publicize, investigate, and solve MMIP cases.
This measure is duplicative of those efforts and creates a new, unfunded grant program not included in the 2024 Budget Act. In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.
Staff Comments:
The 2024 Budget Act included a $13.2 million for a MMIP grant program “to provide grants to federally recognized Indian tribes in California to support efforts to identify, publicize, investigate, and solve cases involving missing and murdered indigenous people.” The 2024 Budget Act additionally provided $5 million for the DOJ, available until 2028-29, to provide technical assistance to local and tribal law enforcement agencies in their efforts to identify and investigate MMIP cases and to support grants to local law enforcement agencies. Therefore, this bill may be duplicative of existing efforts by DOJ and creates a new unfunded program.
-- END --
Urban Indian Health Institute, Missing and Murdered Indigenous Women & Girls: A snapshot of date from 71 urban cities in the United States, p.2 available at <https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf>.) ↑
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Jesse Arreguín, Chair
2025 - 2026 Regular
Bill No: SB 4 Hearing Date: March 25, 2025
Author: | Cervantes | ||
Version: | March 12, 2025 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Missing and Murdered Indigenous Persons Justice Program
HISTORY
Source: Yurok Tribe
Prior Legislation: AB 2279 (Cervantes), vetoed in 2024
AB 1314 (Ramos), Ch. 476, Stats. of 2022
AB 3099 (Ramos), Ch. 170, Stats. of 2020
Support: Arcadia Police Officers’ Association; Brea Police Association; Burbank Police Officers’ Association; California Association of School Police Chiefs; California Civil Liberties Advocacy; California Coalition of School Safety Professionals; California Coastkeeper Alliance; California District Attorneys Association; California Environmental Voters; California Faculty Association; California Narcotic Officers’ Association; California Reserve Peace Officers Association; California State PTA; California State Sheriffs’ Association; California Tribal Business Alliance; California Trout; Claremont Police Officers Association; Courage California; Culver City Police Officers’ Association; Democrats of Rossmoor; Environmental Protection Information Center; Friends of the Eel River; Fullerton Police Officers’ Association; Habematolel Pomo of Upper Lake; Los Angeles School Police Management Association; Los Angeles School Police Officers Association; Mount Shasta Bioregional Ecology Center; Murrieta Police Officers’ Association; Newport Beach Police Association; Palos Verdes Police Officers Association; Placer County Deputy Sheriffs’ Association; Planning and Conservation League; Pomona Police Officers’ Association; Riverside Police Officers Association; Riverside Sheriffs’ Association; Santa Ana Police Officers Association; Save California Salmon; Smart Justice California; Trout Unlimited; Trust for Public Land
Opposition: None known
PURPOSE
The purpose of this bill is to establish The Missing and Murdered Indigenous Persons Justice Program within the Department of Justice (DOJ) which would facilitate collaboration between parties in cases of missing and murdered indigenous people.
Existing federal law defines “Indian country” as: all land within the limits of any Indian reservation under the jurisdiction of the U.S. Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; all dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and 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.)
Existing federal law provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country, as specified. Provides that the Indian Country affected within California includes all Indian Country within the state. (18 U.S.C. § 1162.)
Existing law provides that murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (Pen. Code, § 187, subd. (a).)
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 at-risk adults. (Pen. Code, § 14200, subd. (a).)
Existing law requires all local police and sheriffs’ departments to accept any report, by any party, including any telephonic report, of a missing person, including runaways, without delay and to give priority to the handling of these reports over the handling of reports relating to crimes involving property. (Pen. Code, § 14211, subd. (a).)
Existing law requires the local police or sheriff’s department, in cases of reports involving missing persons, including, but not limited to, runaways, to immediately take the report and make an assessment of reasonable steps to be taken to locate the person by using the required report forms, checklists, and guidelines. (Pen. Code, § 14211, subd. (c).)
Existing law 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. (Gov. Code, § 8594.13, subd. (a).)
Existing law provides that a law enforcement agency or Tribe of California may directly request the California Highway Patrol activate a Feather Alert. Specifies that a law enforcement agency may request that a Feather Alert be activated if that agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons, including young women or girls. Requires the law enforcement agency to consider the following factors to make that determination:
- The missing person is an indigenous woman or an indigenous person.
- The investigating law enforcement agency has utilized available local and tribal resources.
- The law enforcement agency determines that the person is missing.
- The law enforcement agency or tribe believes that the person is in danger and is missing under circumstances that indicate that: the missing person’s physical safety may be endangered; the missing person may be subject to trafficking; or the missing person suffers from a mental or physical disability, or a substance use disorder.
- There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. (Gov. Code, § 8594.13, subds. (c), (e).)
Existing law establishes the Rural Indian Crime Prevention Program within the Office of Emergency Services. Provides that the purpose of the program is to provide financial and technical assistance for local law enforcement. Requires the 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).)
This bill establishes the Missing and Murdered Indigenous Persons Justice Program (MMIPJP) within and under the discretion of the DOJ. Provides that the program has all of the following responsibilities:
- Facilitate collaboration and act as a liaison between tribal victims’ families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking.
- Provide technical assistance to law enforcement agencies already engaged in investigating cases involving missing and murdered indigenous persons in California, including cases of human trafficking.
- Publish data on the number of, and facts about, cases involving missing and murdered indigenous persons in California, where appropriate.
This bill requires the DOJ to submit an annual report to both houses of the Legislature containing all of the following:
- The cases the department acted as a liaison and provided technical assistance to law enforcement.
- The information published on the number of, and facts about, cases involving missing and murdered indigenous persons.
- An analysis of all appropriate data, and any recommendations to assist or improve upon necessary collaboration and coordination between local, state, and tribal governments in addressing missing and murdered indigenous persons in California.
This bill provides that the reporting requirement begins on January 1, 2029.
COMMENTS
- Need For This Bill
According to the author:
It is an unfortunate truth that across the United States, including in California, there is an ongoing crisis of persistent violence levied committed against Indigenous people, especially women and girls. The Sovereign Bodies Institute (SBI) began tracking the number of murdered and missing Indigenous people (MMIP) in California in 2015 and found that there are approximately 18 new MMIP cases documented per year.
Cases were documented in 42 of California’s 58 counties. According to SBI, 91 percent of murdered and missing Indigenous children in Southern California are girls, and the lack of thematic issues among these cases suggests these girls are targeted because they are both Indigenous and girls.
Senate Bill 4, a reintroduction of my Assembly Bill 2279 from 2024, will continue this effort by establishing the Missing and Murdered Indigenous Persons Justice Program within the Department of Justice. The Program would be empowered to facilitate collaboration and act as a liaison between tribal victims’ families; tribal governments; and state, federal, and out-of-state law enforcement agencies. The Program would also provide technical advice to law enforcement agencies investigating MMIP cases in California when appropriate. Finally, to further improve transparency regarding the ongoing MMIP crisis, the Program would be required to publish data on the number of MMIP cases and facts about those cases, as well as submit an annual report to the Legislature. This bill will help provide a coordinated state response to MMIP cases, as well as shine a light on a crisis affecting our Indigenous communities that has not received nearly the attention it deserves.
- Murdered or Missing Indigenous Persons (MMIP)
In 2018, the Urban Indian Health Institute (UIHI) published a report after conducting a study “aimed at assessing the number and dynamics of cases of missing and murdered American Indian and Alaska Native women and girls in cities across the United States.” (UIHI, Missing and Murdered Indigenous Women & Girls: A snapshot of date from 71 urban cities in the United States, p.2 available at <https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf>.) In its report, UIHI cited a National Crime Information Center statistic that there were 5,712 reports of missing American Indian and Alaska Native women and girls made in 2016 although the U.S. Department of Justice’s federal missing persons database only had 116 cases. (Ibid.) That discrepancy as well as the lack of research on rates of violence among American Indian and Alaska Native women living in urban areas—where nearly three quarters of the Indigenous population lives—led UIHI to conduct its study. (Ibid.)
In describing its methodology to collect data on cases of missing and murdered Indigenous women and girls, the UIHI stated:
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. (Id. at p. 4.)
The report concluded:
UIHI discovered a striking level of inconsistency between community, law enforcement, and media understandings of the magnitude of this violence. If this report demonstrates one powerful conclusion, it is that if we rely solely on law enforcement or media for an awareness or understanding of the issue, we will have a deeply inaccurate picture of the realities, minimizing the extent to which our urban American Indian and Alaska Native sisters experience this violence. This inaccurate picture limits our ability to address this issue at policy, programing, and advocacy levels. (Id. at p. 20.)
This bill seeks to address some of the issues outlined in the report. Specifically, this bill would establish the Missing and Murdered Indigenous Persons Justice Program within DOJ, to facilitate and act as a liaison between parties in cases regarding missing and murdered indigenous people, as well as to collect data from various sources. This bill would also require the DOJ to publish an annual report of its findings beginning in 2029.
- AB 2279 Veto Message
This bill is substantially similar to AB 2279 of the 2023-2024 legislative session which was vetoed. In addition to the requirements in this bill, AB 2279 would have required the program to provide grants to local and tribal law enforcement agencies to support investigatory activities.
In his veto message of AB 2279, Governor Newsom wrote:
I appreciate the author’s commitment to addressing the ongoing MMIP crisis. My administration continues to prioritize policies that increase collaboration between law enforcement and tribal communities to bring justice to those impacted. In partnership with the Legislature, we increased funding in this year’s budget for the MMIP Grant Program, which has awarded millions of dollars to support tribes’ efforts to identify, publicize, investigate, and solve MMIP cases.
This measure is duplicative of those efforts and creates a new, unfunded grant program not included in the 2024 Budget Act. In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.
As noted in Governor Newsom’s veto message, the 2024-25 budget provided “$13.2 million one-time General Fund in 2024-25 for the Missing and Murdered Indigenous Persons Grant Program to provide grants to federally recognized Indian tribes in California to support efforts to identify, publicize, investigate, and solve cases involving missing and murdered indigenous people.” (Governor Gavin Newsom, California State Budget 2024-25, p. 78 available at <https://ebudget.ca.gov/2024-25/pdf/Enacted/BudgetSummary/FullBudgetSummary.pdf>.) The Budget additionally appropriated “$5 million one-time General Fund, available for five years, for the DOJ to provide technical assistance to local and tribal law enforcement agencies in their efforts to identify and investigate missing and murdered indigenous individuals and to provide grants to local law enforcement agencies to support these investigatory activities.” (Ibid.)
- Argument in Support
According to the California District Attorneys Association:
The disproportionate rates of violence, human trafficking, and disappearance among Indigenous individuals demand urgent and sustained action. SB 4 takes a crucial step in strengthening investigative coordination, improving data collection, and enhancing law enforcement’s ability to address these tragic cases effectively. By providing a dedicated program within the Department of Justice, the bill ensures that resources and expertise are directed toward resolving cases that have too often gone without justice.
Additionally, SB 4’s requirement for annual reporting will enhance transparency and accountability, allowing stakeholders to assess the effectiveness of collaborative efforts while identifying areas for improvement. The California District Attorneys Association recognizes the importance of these measures in building trust with Indigenous communities and ensuring that every missing or murdered person receives the investigative attention they deserve.
-- END --
Bill Author
Bill Co-Author(s):