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)
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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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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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