BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair A
1999-2000 Regular Session B
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AB 1717 (Hertzberg) 7
As Amended May 26, 2000
Hearing date: June 27, 2000
Penal Code
SH:br
FIREARMS -
DEPARTMENT OF JUSTICE BALLISTICS TESTING SYSTEMS
HISTORY
Source: City of Los Angeles
Prior Legislation: None
Support: Handgun Control Inc.; Los Angeles District Attorney;
Orange County Citizens For The Prevention of Gun
Violence; Women Against Gun Violence; League of
California Cities; Los Angeles Police Department;
Violence Prevention Coalition of Greater Los Angeles
Opposition:None known
Assembly Floor Vote: Ayes 54 - Noes 20
(NOTE: THIS ANALYSIS REFLECTS AUTHOR'S AMENDMENTS TO BE OFFERED
IN COMMITTEE. SEE COMMENT #9.)
KEY ISSUE
SHOULD THE ATTORNEY GENERAL BE REQUIRED TO CONDUCT A STUDY TO
EVALUATE BALLISTICS IDENTIFICATION SYSTEMS TO DETERMINE THE
FEASIBILITY AND POTENTIAL BENEFITS TO LAW ENFORCEMENT OF
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UTILIZING A STATEWIDE BALLISTICS IDENTIFICATION SYSTEM CAPABLE
OF MAINTAINING A DATABASE OF BALLISTIC IMAGES AND INFORMATION
FROM TEST FIRED AND SOLD FIREARMS, AS SPECIFIED, AND TO REPORT
BACK TO THE LEGISLATURE NO LATER THAN JUNE 1, 2001?
PURPOSE
The purpose of this bill is to require the Attorney General to
conduct a study to evaluate ballistics identification systems to
determine the feasibility and potential benefits to law
enforcement of utilizing a statewide ballistics identification
system capable of maintaining a database of ballistic images and
information from test fired and sold firearms, as specified, and
to report back to the Legislature no later than June 1, 2001.
Existing law does the following:
Specifies prohibitions and requirements with regard to the
circumstances under which a person licensed to sell firearms
may sell or transfer a firearm. (Penal Code 12071.)
Requires that, in order to assist in the investigation of
crime, the arrest and prosecution of criminals, and the
recovery of lost, stolen, or found property, the Attorney
General shall keep and properly file a complete record of all
copies of fingerprints, copies of applications for licenses to
carry firearms, and other specified information pertaining to
firearms, including the dealers' records of sales of handguns.
(Penal Code 11106.)
This bill does the following:
requires the Attorney General to conduct a study to evaluate
ballistics identification systems to determine the feasibility
and potential benefits to law enforcement of utilizing a
statewide ballistics identification system capable of
maintaining a database of ballistic images and information
from test fired and sold firearms.
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requires the Attorney General to submit a report to the
Legislature with the results of the study not later than June
1, 2001, and provides that in the event the report includes a
determination that a ballistics identification system and
database is feasible and would benefit law enforcement, the
report shall also recommend a strategy for implementation.
defines "ballistics identification systems" to include, but
not be limited to, any automated image analysis system that is
capable of storing firearm ballistic markings and tracing
those markings to the firearm that produced them.
sets forth other related requirements for the study.
COMMENTS
1. Need for This Bill
According to the author:
Technology currently exists and is being further developed
that enables 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) both have such ballistic identification
computer systems, which they are currently integrating.
Because every gun makes unique markings on the bullets and
cartridges that are fired from it, there is essentially 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 the
computer system. They then use the program to identify
possible matches to images that are already in the system.
In this way, they can determine what gun was used in a
particular crime.
Since the two federal ballistic tracing systems were
established, police have linked at least 5,700 guns to two
or more crimes when no other evidence existed and all told
the systems have produced 8,000 evidence matches in over
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16,000 cases. Many other crimes have also been solved
using this technology. For example, in Oakland in 1997,
police recovered a handgun on a routine stop. The gun was
then test fired and linked to a murder that had occurred
one month earlier. This linkage eventually led to the
arrest and conviction of the person responsible. The
Pennsylvania State Police estimate that the ATF program has
helped solve 28 cases since they began using it in March
1997.
These types of examples exist despite the fact that the two
federal systems in place do not speak to each other and
only compare cartridges and bullets to evidence recovered
from other crime scenes. A number of law enforcement
agencies in California utilize one system or the other.
However, there is little organized interaction. AB 1717
would help improve California's ability to utilize this
technology. Such a database of handgun 'fingerprints'
would tremendously increase law enforcement's ability to
successfully investigate crimes and successfully prosecute
violent offenders.
2. Ballistics Identification Systems
The following quick summary of ballistics identification systems
is from a website with forensic science articles written by
employees of the Alabama Department of Forensic Sciences
(http://www.adfs.state.al.us/). This article on "DRUGFIRE and
IBIS" was written by William E. Moran, Birmingham Regional
Laboratory (no date provided):
The DRUGFIRE system which has been developed by the Federal
Bureau of Investigation and Mnemonic Systems Inc., is a new
computerized technology that will allow the Forensic
Firearms Examiner to associate previously unrelated
firearms involved in homicides, assaults, drive-by
shootings, etc.
DRUGFIRE is a data based driven multi-media system designed
to increase the effectiveness of Forensic Firearms
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Examiners in searching open case expended cartridge and
bullet files. The DRUGFIRE system integrates a forensic
database, video, audio, digital imaging and
tele-communications to aid the examiner in his quest to
associate unrelated cases.
. . . The DRUGFIRE system basically works in the following
manner:
The image of the base of an expended cartridge is placed
into the system. The breech face marks and the firing pin
impressions are the areas of interest for comparison. The
system can automatically search the image of a particular
expended cartridge case to the images that are stored in
the system. When a possible match is found, these images
are then displayed onto the computer screen. The examiner
will perform a further examination/comparison to determine
if the two expended cartridge cases are related. The
technology of this system allows an examiner to compare in
minutes what previously would have taken months to examine.
The DRUGFIRE system also incorporates a bullet imaging
system which allows the examiner to image expended bullets
into the system for comparison to other expended bullets.
DRUGFIRE has been online since September 1995 and has
approximately 1900 cartridges and bullets imaged into the
database. The system to date has had 10 cold hits either
linking cartridges to guns or bullets to guns.
The IBIS System (Integrated Ballistics Identification
System) is a technology that has been developed by the
Bureau of Alcohol, Tobacco and Firearms and Forensic
Technology of Montreal, Canada. This system is also known
as BULLETPROOF and Brass Catcher. This system is located
in the Birmingham Regional Laboratory and has been online
since July 1996. IBIS has approximately 1250 cartridges
and bullets imaged into the database. IBIS has two cold
hits, both on BULLETPROOF. In one case, the bullet from a
homicide victim was linked to a gun confiscated from a drug
raid.
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The IBIS system works in the following manner:
An expended bullet or cartridge is imaged and incorporated
into the database of the system. These images are then
compared to other images of other expended bullets and
cartridges. If a possible association occurs, the Examiner
will then perform a further examination to determine if the
association is indeed an identification. Once again, this
system allows the Firearms Examiner to perform this
examination in minutes.
These systems will work only with the aid and assistance of
other law enforcement agencies. When expended cartridges,
bullets and firearms are recovered from a crime scene,
these items need to be submitted to the Forensic Sciences
Laboratory for processing and imaging. As the database
increases in size the probability for associations and
identifications of unrelated evidence increases.
3. Relevant Federal Activity
In December 1999, the FBI and ATF signed a memorandum of
understanding to integrate their ballistic identification
systems into a jointly managed program with a single unified
computer system. Currently, the two agencies maintain separate
and distinct ballistic identification systems that are not
compatible. Initially, the National Integrated Ballistics
Information Network (NIBIN) proposed achieving interoperability
of the two systems, "IBIS" and "Drugfire." Under the auspices
of NIBIN, members of the firearm examiner community, the
National Institute of Standards and Technology, and the major
vendors of both programs determined that a single imaging
technology would be a far superior solution to that of creating
an image exchange mechanism for interoperability. The Clinton
administration recently announced that they propose to triple
the budget for the development of a unified national database.
It is estimated that local and state law enforcement agencies
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will have access to the new system in two years. Senator Herb
Kohl has circulated draft legislation addressing the issue of
ballistics identification systems on a nationwide basis.
4. Legislation in Other States
In Maryland, proposed legislation would require firearm
manufacturers to test-fire all new handguns and send the bullets
and cartridges to the state police for scanning and entry into
the database. It is estimated that 19, 440 handguns were sold
in Maryland in 1998, the most recent year for which statistics
are available. In addition, press reports indicated that the
New York state legislature was expected to pass a bill requiring
ballistics testing of handguns.
5. California Crime Laboratories
It is difficult to estimate the precise number of handguns that
are in the possession of local law enforcement. According to the
Los Angeles County Sheriff, existing crime laboratory staff is
unable to analyze the hundreds of weapons seized every month.
Recent DOJ statistics for 1998 provide a partial picture of the
number of weapons that could be entered into a statewide
database:
a) Assault with a firearm - 21,641
b) Robbery with a firearm - 23,799
c) Homicide with a firearm - 1,469
At the present time, creating an effective database of ballistic
information must take into account not only the volume of
weapons but the fact that one-half of California crime
laboratories use IBIS while the other half use Drugfire.
NOTE: With regard to "new" firearms sold in California: for
1999, the total number of firearms sold-legally, through a
dealer as required by law-was approximately 513,000. The
majority of those firearms were probably new firearms. Handguns
account for approximately 244,500 of those transactions. The
1999 numbers were higher than 1998, when transactions totaled
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approximately 440,000. The 2000 numbers appear to be running
closer to 1998 than to 1999 transactions.
6. Voluntary Efforts in the Firearms Industry
One manufacturer, Glock, is beginning a pilot project to collect
cartridges test-fired from every gun that comes off the assembly
line. Glock currently test-fires all weapons that come off of
their assembly line. The manufacturer will voluntarily submit
ballistic information from expended cartridge casings to ATF
before their guns are distributed. The proposed cartridge
retrieval system consists of collecting three expended
cartridges per weapon and cross-referencing the casings with a
bar code and photograph of the weapon being fired. Discussions
with the manufacturer indicate that attempting to collect
bullets for examination as part of the testing process would be
extremely difficult and time consuming.
7. Evidentiary Issues
The DOJ has yet to compile complete statistics for 1999. It is
estimated that from January through June, 112, 875 handguns were
sold in California. Considering the sheer number of weapons
potentially covered by any ballistics system which resulted from
the study required by this bill, the amount of test-fired
cartridges and/or bullets would be substantial. If the purpose
of the database is to give law enforcement the ability to
identify cartridges or bullets so they may be introduced as
evidence in criminal proceedings, then there may be a need for
preserving potentially millions of cartridges or bullets.
Moreover, it may be questionable whether the function of
collecting and preserving incriminatory evidence may be
delegated to a private entity without running afoul of the
requirement that the prosecution establish the necessary
evidentiary foundation that is a pre-requisite to admissibility.
(See Evidence Code section 402 et seq.) If the only evidence
retained is a digital image of a cartridge or bullet, it is
questionable whether such an image would be admissible under
existing law. Criminal defendants will undoubtedly argue that
under both the statutory rules of evidence as well as the Due
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Process clause of the United States Constitution, they have a
right to examine the actual evidence.
8. Issues Raised by A Ballistics Identification System
Since the use of ballistics identifications systems is
relatively new and may be expanding to some extent as technology
develops, it may not be clear how expansive a system would be
needed to provide a beneficial cost to benefit return. For
example, most firearms not used in crimes and most firearms used
in crimes are presumably identified without the need for
sophisticated ballistics identification systems.
While it may be possible to develop a ballistics system which
contained information about all new and previously sold firearms
in a given state, would that expenditure of resources be likely
to prove useful? Would it be appropriated to limit the number
of firearms maintained in such a system? Should handgun
information take precedence over long guns? Should all law
enforcement weapons be entered in such a system? Presumably the
Department of Justice study would address these and other
related issues.
9. Author's Amendments to be Offered in Committee
Following are the amendments to be offered in committee which
delete the current provisions of the bill and rewrite the study
language (thus deleting the authority for the Attorney General
to implement a ballistics testing program and to create a new
misdemeanor):
Amendments to AB 1717 as amended in Assembly May 26, 2000
(RN 0013811)
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Amendment 1
On page 4, strike out lines 9 to 40, inclusive, strike out
pages 5 and 6 and insert:
12072.5. (a) For purposes of this section, "ballistics
identification systems" includes, but is not limited to,
any automated image analysis system that is capable of
storing firearm ballistic markings and tracing those
markings to the firearm that produced them.
(b) The Attorney General shall conduct a study to evaluate
ballistics identification systems to determine the
feasibility and potential benefits to law enforcement of
utilizing a statewide ballistics identification system
capable of maintaining a database of ballistic images and
information from test fired and sold firearms. The study
shall include an evaluation of ballistics identification
systems currently used by state and federal law enforcement
agencies and the firearms industry. The Attorney General
shall consult with law enforcement agencies, firearms
industry representatives, private technology providers, and
other appropriate parties in conducting the study.
(c) In evaluating ballistics identification systems to
determine the feasibility of utilizing a statewide system
as required pursuant to subdivision (b), the Attorney
General shall consider, at a minimum, the following:
(1) The development of methods by which firearm
manufacturers, importers, and dealers may potentially
capture ballistic images from firearms prior to sale in
California and forward that information to the Attorney
General.
(2) The development of methods by which the Attorney
General will receive, store, and make available to law
enforcement ballistic images submitted by firearm
manufacturers, importers, and dealers prior to sale in
California.
(3) The potential financial costs to the Attorney General
of implementing and operating a statewide ballistics
identification system, including the process for receipt of
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information from firearm manufacturers, importers, and
dealers.
(4) The capability of a ballistics identification system
maintaining a database of ballistic images and information
from test fired firearms for all firearms sold in
California.
(5) The compatibility of a ballistics identification
system with ballistics identification systems that are
currently used by law enforcement agencies in California.
(6) A method to ensure that state and local law
enforcement agencies can forward ballistic identification
information to the Attorney General for inclusion in a
statewide ballistics identification system.
(7) The feasibility and potential benefits to law
enforcement of requiring firearm manufacturers, importers,
and dealers to provide the Attorney General with ballistic
images from any, or a selected number of, test fired
firearms prior to the sale of those firearms in California.
(d) The Attorney General shall submit a report to the
Legislature with the results of the study not later than
June 1, 2001. In the event the report includes a
determination that a ballistics identification system and
database is feasible and would benefit law enforcement, the
report shall also recommend a strategy for implementation.
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