BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1717|
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THIRD READING
Bill No: AB 1717
Author: Hertzberg (D), et al
Amended: 6/29/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/27/00
AYES: Vasconcellos, Burton, Johnston, McPherson, Rainey
SENATE APPROPRIATIONS COMMITTEE : 10-0, 8/7/00
AYES: Johnston, Alpert, Bowen, Escutia, Johnson, Karnette,
Kelley, Leslie, McPherson, Vasconcellos
ASSEMBLY FLOOR : Not relevant
SUBJECT : Firearms: State Department of Justice
ballistics testing
systems
SOURCE : City of Los Angeles
DIGEST : This bill requires the Attorney General to
conduct a study to evaluate ballistics identification
system 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.
ANALYSIS :
CONTINUED
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Existing law:
1.Specifies prohibitions and requirements with regard to
the circumstances under which a person licensed to sell
firearms may sell or transfer a firearm.
2.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 (AG) 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.
This bill:
1.Requires the AG 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.
2.Requires the AG 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 benefits law enforcement,
the report shall also recommend a strategy for
implementation.
3.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.
4.Sets forth other related requirements for the study.
Relevant Federal Activity
In December 1999, the FBI and ATF signed a memorandum of
understanding to integrate their ballistic identification
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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 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.
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.
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 State Department of
Justice (DOJ) statistics for 1998 provide a partial picture
of the number of weapons that could be entered into a
statewide database:
1. Assault with a firearm -
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21,641
2. Robbery with a firearm -
23,799
3. 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 approximately 440,000. The
2000 numbers appear to be running closer to 1998 than to
1999 transactions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/10/00)
City of Los Angeles (source)
Handgun Control Inc.
League of California Cities
Los Angeles District Attorney
Los Angeles Police Department
Orange County Citizens for the Prevention of Gun Violence
State Attorney General
Violence Prevention Coalition of Greater Los Angeles
Women Against Gun Violence
ARGUMENTS IN SUPPORT :
According to the author's office:
"Technology currently exists and is being further developed
that enables law enforcement to trace bullets and
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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
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."
ASSEMBLY FLOOR
AYES: Alquist, Aroner, Battin, Bock, Calderon, Cardenas,
Cardoza, Cedillo, Corbett, Correa, Cunneen, Davis,
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Dickerson, Ducheny, Dutra, Firebaugh, Florez, Frusetta,
Gallegos, Havice, Honda, Jackson, Keeley, Knox, Kuehl,
Leach, Lempert, Longville, Lowenthal, Machado, Maddox,
Maldonado, Margett, Mazzoni, Migden, Nakano, Papan,
Pescetti, Romero, Scott, Shelley, Steinberg,
Strom-Martin, Thomson, Torlakson, Villaraigosa, Vincent,
Washington, Wayne, Wesson, Wiggins, Wildman, Wright,
Hertzberg
NOES: Aanestad, Ackerman, Ashburn, Bates, Brewer, Briggs,
Campbell, Cox, Granlund, House, Kaloogian, Leonard,
McClintock, Olberg, Oller, Robert Pacheco, Rod Pacheco,
Reyes, Strickland, Thompson
RJG:cm 8/10/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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