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AB-2781 Forensic ballistic and firearms procedures.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2781:v97#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2781


Introduced by Assembly Member Low

February 16, 2018


An act to amend Section 11108.10 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2781, as amended, Low. Forensic ballistic and firearms procedures.
Existing law authorizes local law enforcement agencies to have specified information related to firearms entered into the United States Department of Justice, National Integrated Ballistic Information Network to ensure that representative samples of fired bullets and cartridge cases from crime scenes are recorded, as specified.
This bill would require a law enforcement agency, as defined, to obtain ballistic images from firearms, cartridge cases, and bullets firearms and cartridge cases obtained by the agency as specified, and submit those images to the National Integrated Ballistic Identification Network. Network or a comparable automated ballistic identification system used by the agency. The bill would also require the Department of Justice to develop a protocol for the implementation of this requirement.
By requiring new duties for local agencies, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11108.10 of the Penal Code is amended to read:

11108.10.
 (a) In addition to the requirements of Sections 11108 and 11108.3, if a law enforcement agency seizes or recovers a firearm that was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the agency as an abandoned or discarded firearm, the agency shall test fire the firearm, or cause the firearm to be test fired, as soon as practicable and submit the ballistic images to the National Integrated Ballistic Identification Network or a similar automated ballistic identification system used by that agency to determine whether the firearm is associated with, or related to, a crime, criminal event, or individual associated with or related to, a crime, or criminal event.
(b) If a law enforcement agency recovers any cartridge case or fired bullet at a crime scene or has reason to believe that a recovered cartridge case or fired bullet is related to, or associated with, the commission of a crime, or the unlawful discharge of a firearm, that agency shall, as soon as practicable, submit, or cause to be submitted, the ballistic image to the National Integrated Ballistic Identification Network. Network or a similar automated ballistic identification system used by that agency.
(c) The Department of Justice shall develop and promulgate a protocol for the implementation of this section.
(d) As used in this section, “law enforcement agency” means a police or sheriff’s department, or any department or agency of the state or any political subdivision thereof that employs any peace officer as defined in Section 830, including, but not limited to, the Department of the California Highway Patrol, the Department of Fish and Wildlife, the University of California or the California State University Police Departments, and the police department of any school district, community college district, park district, transit district, railroad, and harbor, port, airport, or housing authority.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.