BILL ANALYSIS SENATE COMMITTEE ON Public Safety Senator Bruce McPherson, Chair A 2001-2002 Regular Session B 6 6 9 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 (More) 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. (More) 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 (More) 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 AB 669 (Hertzberg) Page 5 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. ***************