CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2781Introduced by Assembly Member LowFebruary 16, 2018 An act to add Division 13 (commencing with Section 34400) to Title 4 of Part 6 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 2781, as introduced, Low. Forensic ballistic and firearms procedures.Existing law requires the Attorney General 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. This bill would require law enforcement agencies to conduct, or cause to be conducted, test-firing and transmitting specified information to the National Crime Information Center and the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center for firearms seized, recovered, or acquired under specified circumstances. The bill would require the law enforcement agency to arrange for the firearm to be test-fired and to submit the test results to the National Integrated Ballistic Identification Network, as specified, and would require law enforcement agencies to submit ballistics information from spent shell casings recovered under specified circumstances, to that network. The bill would require the Department of Justice to develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime. By imposing firearms related duties on local law enforcement agencies, this bill would impose 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Division 13 (commencing with Section 34400) is added to Title 4 of Part 6 of the Penal Code, to read:DIVISION 13. Forensic Ballistic and Firearm Procedures CHAPTER 1. Forensic Ballistic and Firearm Processing34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.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.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2781Introduced by Assembly Member LowFebruary 16, 2018 An act to add Division 13 (commencing with Section 34400) to Title 4 of Part 6 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 2781, as introduced, Low. Forensic ballistic and firearms procedures.Existing law requires the Attorney General 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. This bill would require law enforcement agencies to conduct, or cause to be conducted, test-firing and transmitting specified information to the National Crime Information Center and the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center for firearms seized, recovered, or acquired under specified circumstances. The bill would require the law enforcement agency to arrange for the firearm to be test-fired and to submit the test results to the National Integrated Ballistic Identification Network, as specified, and would require law enforcement agencies to submit ballistics information from spent shell casings recovered under specified circumstances, to that network. The bill would require the Department of Justice to develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime. By imposing firearms related duties on local law enforcement agencies, this bill would impose 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2781
Introduced by Assembly Member LowFebruary 16, 2018
Introduced by Assembly Member Low
February 16, 2018
An act to add Division 13 (commencing with Section 34400) to Title 4 of Part 6 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2781, as introduced, Low. Forensic ballistic and firearms procedures.
Existing law requires the Attorney General 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. This bill would require law enforcement agencies to conduct, or cause to be conducted, test-firing and transmitting specified information to the National Crime Information Center and the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center for firearms seized, recovered, or acquired under specified circumstances. The bill would require the law enforcement agency to arrange for the firearm to be test-fired and to submit the test results to the National Integrated Ballistic Identification Network, as specified, and would require law enforcement agencies to submit ballistics information from spent shell casings recovered under specified circumstances, to that network. The bill would require the Department of Justice to develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime. By imposing firearms related duties on local law enforcement agencies, this bill would impose 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.
Existing law requires the Attorney General 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.
This bill would require law enforcement agencies to conduct, or cause to be conducted, test-firing and transmitting specified information to the National Crime Information Center and the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center for firearms seized, recovered, or acquired under specified circumstances. The bill would require the law enforcement agency to arrange for the firearm to be test-fired and to submit the test results to the National Integrated Ballistic Identification Network, as specified, and would require law enforcement agencies to submit ballistics information from spent shell casings recovered under specified circumstances, to that network. The bill would require the Department of Justice to develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime. By imposing firearms related duties on local law enforcement agencies, this bill would impose 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Division 13 (commencing with Section 34400) is added to Title 4 of Part 6 of the Penal Code, to read:DIVISION 13. Forensic Ballistic and Firearm Procedures CHAPTER 1. Forensic Ballistic and Firearm Processing34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Division 13 (commencing with Section 34400) is added to Title 4 of Part 6 of the Penal Code, to read:DIVISION 13. Forensic Ballistic and Firearm Procedures CHAPTER 1. Forensic Ballistic and Firearm Processing34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
SECTION 1. Division 13 (commencing with Section 34400) is added to Title 4 of Part 6 of the Penal Code, to read:
### SECTION 1.
DIVISION 13. Forensic Ballistic and Firearm Procedures CHAPTER 1. Forensic Ballistic and Firearm Processing34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
DIVISION 13. Forensic Ballistic and Firearm Procedures CHAPTER 1. Forensic Ballistic and Firearm Processing34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
DIVISION 13. Forensic Ballistic and Firearm Procedures
DIVISION 13. Forensic Ballistic and Firearm Procedures
CHAPTER 1. Forensic Ballistic and Firearm Processing34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
CHAPTER 1. Forensic Ballistic and Firearm Processing
CHAPTER 1. Forensic Ballistic and Firearm Processing
34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.(b) 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 conduct or cause to be conducted, the following procedures:(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
34400. (a) It is the policy of this State that law enforcement agencies solve crimes involving firearms by fully deploying available electronic technology and interjurisdictional information sharing programs.
(b) 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 conduct or cause to be conducted, the following procedures:
(1) Transmit and receive information relating to that firearm to and from the National Crime Information Center. Transmit and receive information relating to that firearm to and from the Bureau of Alcohol, Tobacco, Firearms, and Explosives National Tracing Center using eTrace.
(2) Arrange for the firearm to be test-fired as soon as practicable and for the results of the test to be submitted to the National Integrated Ballistic Identification Network 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, or reasonably believed to be associated with, or related to, a crime or criminal event.
(c) If a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing 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 the appropriate ballistic information to the National Integrated Ballistics Identification Network.
(d) The Department of Justice shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence when the firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
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.
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.
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.
### SEC. 2.