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

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Date Published: 02/22/2019 09:00 PM
AB1501:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1501


Introduced by Assembly Member Low

February 22, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 1501, as introduced, 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 specified law enforcement agencies to obtain ballistic images from firearms and cartridge cases obtained by the agency as specified, and submit those images to the National Integrated Ballistic Information Network or a comparable automated ballistic identification system used by the agency. The bill would require those agencies that lack the capability to obtain or submit images to contract with another agency that is able to do so. 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 11108.2 and 11108.3, a local if a law enforcement agency may cause to be entered into the United States Department of Justice, 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). 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 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, Department of Justice shall develop and promulgate a protocol for the implementation of this section.

(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.

(e) 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.