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 Page 2 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 Page 3 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