BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1717
                                                                  Page  1

          Date of Hearing:   April 12, 2000

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                              Carole Migden, Chairwoman

                AB 1717 (Hertzberg) - As Amended:  February 23, 2000 

          Policy Committee:                              Public  
          SafetyVote:  7-0

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

           SUMMARY  

          As proposed to be amended, this bill:

          1)Requires the Department of Justice (DOJ) to evaluate ballistic  
            identification systems (BIS), including any federal BIS, and  
            to make a formal determination by January 1, 2003, as to  
            whether an adequate BIS exists for law enforcement agencies in  
            California to use in crime prevention. 

          2)Specifies criteria by which the DOJ is to make its  
            determination, including cost-benefit, compatibility with  
            other systems, evidentiary issues, ability to maintain a  
            handgun database, and existence of standard protocols.

          3)Requires the DOJ, if it determines that a BIS is feasible, and  
            if funding is appropriated for this purpose, to require gun  
            manufacturers and importers to submit ballistic information,  
            in a format described by the DOJ, before being permitted to  
            sell handguns in California.

          4)Exempts antique guns, curios, or relics as defined by federal  
            regulations.

          5)Makes violation of specified provisions a misdemeanor.

           FISCAL EFFECT  

          1)One-time costs of about $125,000 (one and one-half personnel  
            years) to compile and analyze information and prepare a  
            "formal determination," presumably in a report to the  
            Legislature.  








                                                                  AB 1717
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          2)One-time equipment costs of about $4 million and annual  
            personnel costs of about $12 million to input and store  
            ballistic information on about 250,000 handguns annually.  
            These costs could be offset by authorizing the DOJ to  
            establish an industry fee sufficient to cover the department's  
            costs, though the DOJ would still face significant start-up  
            costs prior to recouping expenses via fees.

          3)Minor nonreimbursable local incarceration costs for  
            misdemeanor violations.



           COMMENTS  

           1)Purpose  . According to the author, technology is developing  
            that will enable law enforcement to trace bullets and  
            cartridges to the guns that fired them. The Bureau of Alcohol,  
            Tobacco & Firearms (ATF) and the Federal Bureau of  
            Investigation (FBI) have ballistic identification computer  
            systems, which they are currently integrating.  The unique  
            markings on bullets and cartridges essentially create a  
            'fingerprint' for each gun.  Ballistic examiners test fire  
            recovered guns and record images of bullets and cartridges  
            recovered from these guns and crime scenes into a computer  
            system. They then use the program to identify possible matches  
            to images already in the system.  

            If the DOJ determines an adequate BIS exists for California,  
            manufacturers and importers would be required to submit  
            handgun 'fingerprints' to DOJ before any sale in California  
            and before the gun is recovered by the police.  This would  
            enable law enforcement to trace guns to the purchaser. Bruce  
            Reed, President Clinton's domestic policy advisor recently  
            commenting on BIS in the Wall Street Journal, said, "Our hope  
            is that (this type) of system can do for gun crime in this  
            century what fingerprints did for forensics in the last  
            century." 

          2)Federal activity  . Currently, the FBI and the ATF maintain two  
            separate and incompatible systems: the ATF's "IBIS" and the  
            FBI's "Drugfire."  The Clinton administration recently  
            announced its intention to increase the budget for development  
            of a unified national ballistic database, which could provide  








                                                                  AB 1717
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            local and state law enforcement agencies access to the new  
            system in about two years.  

           3)Contingent upon an appropriation and DOJ's determination that  
            a BIS is feasible.   If the DOJ determines a BIS is not  
            feasible, or if an appropriation is not made by the  
            Legislature for this purpose, the requirements on  
            manufacturers and importers would not take effect.

           4)Supporters  , including Handgun Control Inc and the L.A.  
            District Attorney cite the law enforcement benefits of a BIS. 

           5)Opponents  , the NRA and the CA Rifle and Pistol Association,  
            contend the workload associated with cataloguing all handguns  
            would be excessive and overreaching, resulting in a poor use  
            of resources. In addition, they note concerns that such a  
            program could expand to long guns, leading to essentially a  
            statewide registration program.

           6)Author's amendments  make the DOJ determination due by January  
            1, 2003 and add a series of  criteria by which the DOJ can  
            make its determination.

            The author intends to continue working with the DOJ and other  
            parties while this bill is on Suspense to address funding and  
            other issues.



           Analysis Prepared by  :    Geoff Long / APPR. / (916)319-2081