BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 669
                                                                  Page  1

          Date of Hearing:   April 3, 2001
          Chief Counsel:      Bruce E. Chan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                               Carl Washington, Chair

                AB 669 (Hertzberg) - As Introduced:  February 22, 2001
           
           
           SUMMARY  :   Extends the date by which the Attorney General (AG)  
          must submit a report evaluating ballistics identification  
          systems.  Specifically,  this bill  provides that the AG shall  
          submit a report to the Legislature with the results of the  
          ballistics identification systems study not later than June 1,  
          2002.

           EXISTING LAW  :

          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.  (Penal Code Section 12072.5.)

          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.  (Penal Code  
            Section 12072.5.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Last year, the  
            Legislature passed and the Governor signed AB 1717  








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            (Hertzberg), Chapter 271, Statutes of 2000.  AB 1717 requires  
            the Department of Justice (DOJ) 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 from test fired and sold  
            firearms.  DOJ's Firearms Division has begun the AB 1717  
            implementation process and is working to complete the task.   
            However, due to the complexities involved in evaluating  
            existing technologies and addressing the requirements of the  
            study, the study may not be completed by June 1, 2001.  As a  
            result, this bill proposes to extend the reporting date for  
            the study by one year to ensure that DOJ can address all of  
            the required elements of the legislation in a thorough and  
            comprehensive manner.  

          "A statewide ballistic fingerprint system that law enforcement  
            can utilize to trace guns, bullets and cartridges recovered  
            from crime scenes to the criminals that use them would enable  
            law enforcement to more successfully investigate and prosecute  
            violent crimes that otherwise might go unsolved.  Law  
            enforcement needs the latest crime fighting technology so they  
            can most effectively keep up with an increasingly  
            sophisticated criminal population.  Extending the reporting  
            date will ensure that the study is completed in a thoughtful  
            and comprehensive manner and will provide the Legislature with  
            the information to best decide how to potentially utilize this  
            cutting-edge technology."

           2)Background  :  Currently, technology 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 and the Federal Bureau of  
            Investigation both have such ballistic identification computer  
            systems.  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  








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            established, police have been able to solve a number of crimes  
            using this technology.  A number of law enforcement agencies  
            in California utilize one system or the other.  However, there  
            is little organized interaction between different agencies.   
            AB 1717 required the AG to conduct a study assessing the  
            feasibility of the State of California's adopting a uniform  
            system.  AB 1717 provided for a report to the Legislature not  
            later than June 1, 2001.

           3)Prior Legislation  :  AB 1717 (Hertzberg), Chapter 271, Statutes  
            of 2000.

           REGISTERED SUPPORT/OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           

          Analysis Prepared by  :    Bruce E. Chan / PUB. S. / (916)  
          319-3744