Today's Law As Amended

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AB-1501 Forensic ballistic and firearms procedures. (2019-2020)

As Amends the Law Today


 Section 11108.10 of the Penal Code is amended to read:

 (a) In addition to the requirements of Sections 11108.2 and 11108.3, if  a local  law enforcement agency may cause to be entered into the United States Department of Justice,  seizes or recovers an operable 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 Information Network (NIBIN) information to ensure that representative samples of fired bullets and cartridge cases collected at crime scenes, from test-fires of firearms recovered at crime scenes, and other firearm information needed to investigate crimes, are recorded into the NIBIN in accordance with the protocol set forth in subdivision (b). 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 at a crime scene or has reason to believe that a recovered cartridge case 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 Information Network or a similar automated ballistic identification system used by that agency.
(c) A law enforcement agency that does not have the capability to test fire a firearm or to obtain or submit ballistic images shall comply with this section by contracting or otherwise having an agreement with another law enforcement agency or crime lab in the state that has the appropriate capability and access to process any firearms or cartridge cases the agency seizes or recovers, as required by this section.
(b) (d)  The Attorney General, in cooperation with those law enforcement agencies that choose to do so, shall develop  Department of Justice shall develop and promulgate  a protocol for the implementation of this section.
(c) (e)  The Attorney General shall have the authority to issue guidelines to further the purposes of this section. As used in this section, “law enforcement agency” means the police department of any city or sheriff’s department of any county, the Department of the California Highway Patrol, and the University of California or the California State University Police Departments. 
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.