BILL ANALYSIS
AB 1717
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CONCURRENCE IN SENATE AMENDMENTS
AB 1717 (Hertzberg)
As Amended June 29, 2000
Majority vote
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|ASSEMBLY: |54-20|(May 31, 2000) |SENATE: |28-6 |(August 18, |
| | | | | |2000) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the Department of Justice (DOJ) to evaluate
ballistic identification systems and report to the Legislature
by June 1, 2001.
The Senate amendments :
1)Delete DOJ's authority to make a formal determination as to
the feasibility of ballistic identification systems.
2)Delete DOJ's authority to prohibit sellers or importers of
firearms from conducting business in California without first
submitting specified ballistics information.
3)Require DOJ to report to the Legislature by June 1, 2001.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required DOJ to evaluate other states' and federal ballistic
identification systems (BIS), and make a formal determination
by January 1, 2003, as to whether a BIS should be used on a
statewide level for law enforcement agencies in California.
2)Required DOJ to submit a report to the Legislature by January
1, 2003. The evaluation of BIS shall include consideration of
the following: a) whether it was feasible to maintain a
handgun database for the entire State of California; b) the
degree of compatibility between systems and the potential for
information sharing; and, c) whether any potential benefits to
law enforcement justify projected costs, and evidentiary
issues regarding BIS.
3)Provided that if the Attorney General (AG) concluded that
California should use a BIS and the Legislature appropriated
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funds for implementation and operation, then #4 and #5 below
apply.
4)Prohibited any person who was a federally licensed
manufacturer from selling or otherwise transferring his or her
ownership of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person residing in
California unless the manufacturer first provided ballistic
information as required by the AG to DOJ.
5)Prohibited any person or company from importing for sale in
California, a pistol, revolver, or other firearm capable of
being concealed upon the person unless that person or company,
prior to importation, provided ballistic information as
required by the AG to DOJ.
6)Provided that DOJ may prescribe the format of the ballistic
information to be submitted.
7)Exempted any antique firearm or curio or relic as defined by
federal regulations.
8)Provided that a violation of specified provisions was a
misdemeanor
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
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.
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 DOJ to establish an
industry fee sufficient to cover DOJ's costs, though DOJ would
still face significant start-up costs prior to recouping
expenses via fees.
3)Minor nonreimbursable local incarceration costs for
misdemeanor violations.
COMMENTS : According to the author, "Technology currently exists
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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. 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.
"AB 1717 improves California's ability to utilize this
technology. If the DOJ determines that an adequate ballistic
identification system exists for California, manufacturers and
importers would be required to submit gun 'fingerprints' to DOJ
before any sale in California and before the gun is recovered by
the police. This would enable law enforcement to effectively
trace bullets, cartridges, and firearms to the person who
purchased a gun as well as the guns recovered from other crime
scenes. Such a database of handgun 'fingerprints' would
tremendously increase law enforcement's ability to successfully
investigate crimes and successfully prosecute violent offenders.
"If the DOJ determines that such an undertaking is not feasible,
then the requirements on manufacturers and importers will not
take effect."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744
FN: 0005935