BILL ANALYSIS                                                                                                                                                                                                    







                          SENATE COMMITTEE ON Public Safety
                             Senator Bruce McPherson, Chair     A
                                2001-2002 Regular Session       B

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          AB 669 (Hertzberg)                                    
          As Amended June 20, 2001 
          Hearing date:  June 26, 2001
          Penal Code
          SH:mc

                                      FIREARMS  :  

                      BALLISTICS IDENTIFICATION SYSTEMS STUDY.

                                           
                                       HISTORY

          Source:  Author

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

          Support: Department of Justice

          Opposition:None known

          Assembly Floor Vote:  Ayes  77 - Noes  0



                                         KEY ISSUE
           
          EXISTING LAW REQUIRES THE ATTORNEY GENERAL TO CONDUCT A STUDY TO  
          EVALUATE FIREARMS 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  




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                                                         AB 669 (Hertzberg)
                                                                     Page 2


          SOLD FIREARMS.  THE ATTORNEY GENERAL IS TO SUBMIT A REPORT TO THE  
          LEGISLATURE WITH THE RESULTS OF THE STUDY NOT LATER THAN JUNE 1,  
          2001.

          SHOULD THE DUE DATE FOR THAT REPORT BE CHANGED TO JANUARY 31, 2002?


                                       PURPOSE
          
          The purpose of this bill is to extend from June 1, 2001, to  
          January 31, 2002, the date by which the Attorney General is to  
          report on a study of firearms ballistics identification systems,  
          as specified in existing law. 































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           Existing law  :

           Requires the Attorney General (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.)

           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.  (Penal Code section 12072.5.)

           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.)

           This bill  extends the date by which that report is due from June  
          1, 2001, to January 31, 2002.


                                      COMMENTS

          1.   Need for This Bill  

          The author's background includes the following:

               Last year, the Legislature passed and the Governor signed  
               AB 1717 (Hertzberg).
               AB 1717 requires the Department of Justice to evaluate  
               ballistics identification systems to determine the  
               feasibility and potential benefits to law enforcement of  
               utilizing a statewide ballistics identification system  




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                                                         AB 669 (Hertzberg)
                                                                     Page 4


               capable of maintaining a database of ballistic images from  
               test fired and sold firearms.  The Firearms Division of the  
               Department of Justice has begun the study of ballistic  
               identification systems 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 will not be completed by June 1, 2001.  
                As a result, this bill proposes to extend the reporting  
               date for the study until January 31, 2002, to ensure that  
               the Department of Justice 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.   Additional 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  











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          matches to images that are already in the system.  In this way,  
          they can determine what gun was used in a particular
          crime.

          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" (Integrated Ballistics Identification  
          System) 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 two systems have yet to be  
          integrated.

          Since the two federal ballistic tracing systems were  
          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.  Last  
          year's 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.  The Attorney General is continuing to  
          work on that study and report but the necessary work is ongoing  
          and has not been completed, to date.



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