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