Amended IN Assembly March 14, 2018 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 amend Section 11108.10 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 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 obtained by the agency as specified, and submit those images to the National Integrated Ballistic Identification Network. 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.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. 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, commencing January 1, 2009, every local 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). 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 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.(b)(c) 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. The protocol shall be completed on or before July 1, 2008.(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.(d) As used in this section, law enforcement agency means a police or sheriffs 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.SECTION 1.Division 13 (commencing with Section 34400) is added to Title 4 of Part 6 of the Penal Code, to read:13.Forensic Ballistic and Firearm Procedures1.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.
Amended IN Assembly March 14, 2018 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 amend Section 11108.10 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 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 obtained by the agency as specified, and submit those images to the National Integrated Ballistic Identification Network. 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.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
Amended IN Assembly March 14, 2018
Amended IN Assembly March 14, 2018
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 amend Section 11108.10 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
## 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 obtained by the agency as specified, and submit those images to the National Integrated Ballistic Identification Network. 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.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 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 obtained by the agency as specified, and submit those images to the National Integrated Ballistic Identification Network. 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.
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. 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, commencing January 1, 2009, every local 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). 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 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.(b)(c) 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. The protocol shall be completed on or before July 1, 2008.(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.(d) As used in this section, law enforcement agency means a police or sheriffs 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.SECTION 1.Division 13 (commencing with Section 34400) is added to Title 4 of Part 6 of the Penal Code, to read:13.Forensic Ballistic and Firearm Procedures1.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. 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, commencing January 1, 2009, every local 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). 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 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.(b)(c) 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. The protocol shall be completed on or before July 1, 2008.(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.(d) As used in this section, law enforcement agency means a police or sheriffs 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.
SECTION 1. Section 11108.10 of the Penal Code is amended to read:
### SECTION 1.
11108.10. (a) In addition to the requirements of Sections 11108 and 11108.3, commencing January 1, 2009, every local 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). 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 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.(b)(c) 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. The protocol shall be completed on or before July 1, 2008.(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.(d) As used in this section, law enforcement agency means a police or sheriffs 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.
11108.10. (a) In addition to the requirements of Sections 11108 and 11108.3, commencing January 1, 2009, every local 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). 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 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.(b)(c) 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. The protocol shall be completed on or before July 1, 2008.(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.(d) As used in this section, law enforcement agency means a police or sheriffs 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.
11108.10. (a) In addition to the requirements of Sections 11108 and 11108.3, commencing January 1, 2009, every local 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). 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 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.(b)(c) 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. The protocol shall be completed on or before July 1, 2008.(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.(d) As used in this section, law enforcement agency means a police or sheriffs 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.
11108.10. (a) In addition to the requirements of Sections 11108 and 11108.3, commencing January 1, 2009, every local 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). 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 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.
(b)
(c) 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. The protocol shall be completed on or before July 1, 2008.
(c)The Attorney General shall have the authority to issue guidelines to further the purposes of this section.
(d) As used in this section, law enforcement agency means a police or sheriffs 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.
(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.