Connecticut 2024 Regular Session

Connecticut House Bill HB05280 Compare Versions

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Version 2 (New)

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4		-	Substitute House Bill No. 5280
	7	+	General Assembly Substitute Bill No. 5280
	8	+	February Session, 2024
5	9
6		-	Public Act No. 24-32
7	10
8	11
9	12		AN ACT CONCERNING THE NATIONAL INTEGRATED BALLISTIC
10	13		INFORMATION NETWORK.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. Section 29-7h of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2024):
16		-	(a) As used in this section:
17		-	[(1) "Firearms evidence databank" means a computer-based system
18		-	that stores images of fired components of ammunition in a manner
19		-	suitable for retrieval and comparison to images of other fired
20		-	components of ammunition stored in the databank;]
21		-	(1) "Firearm" has the same meaning as provided in section 53a-3;
22		-	(2) "Fired components of ammunition" means disch arged
23		-	ammunition consisting of a cartridge case or a bullet or a fragment
24		-	thereof, collected after a firearm is fired and containing sufficient
25		-	microscopical characteristics to compare to other discharged
26		-	ammunition or to determine the firearm from which the ammunition
27		-	was fired;
28		-	[(2)] (3) "Handgun" means any firearm capable of firing rim-fire or Substitute House Bill No. 5280
	17	+	Section 1. Section 29-7h of the general statutes is repealed and the 1
	18	+	following is substituted in lieu thereof (Effective October 1, 2024): 2
	19	+	(a) As used in this section: 3
	20	+	[(1) "Firearms evidence databank" means a computer-based system 4
	21	+	that stores images of fired components of ammunition in a manner 5
	22	+	suitable for retrieval and comparison to images of other fired 6
	23	+	components of ammunition stored in the databank;] 7
	24	+	(1) "Firearm" has the same meaning as provided in section 53a-3; 8
	25	+	(2) "Fired components of ammunition" means discharged 9
	26	+	ammunition consisting of a cartridge case or a bullet or a fragment 10
	27	+	thereof, collected after a firearm is fired and containing sufficient 11
	28	+	microscopical characteristics to compare to other discharged 12
	29	+	ammunition or to determine the firearm from which the ammunition 13
	30	+	was fired; 14
	31	+	[(2)] (3) "Handgun" means any firearm capable of firing rim-fire or 15
	32	+	center-fire ammunition and designed or built to be fired with one hand; 16 Substitute Bill No. 5280
29	33
30		-	Public Act No. 24-32 2 of 5
31	34
32		-	center-fire ammunition and designed or built to be fired with one hand;
33		-	[(3)] (4) "Laboratory" means the Division of Scientific Services
34		-	forensic science laboratory within the Department of Emergency
35		-	Services and Public Protection;
36		-	[(4) "Police department" means the Division of State Police within the
37		-	Department of Emergency Services and Public Protection or an
38		-	organized local police department;
39		-	(5) "Fired components of ammunition" means discharged
40		-	ammunition consisting of a cartridge case or a bullet or a fragment
41		-	thereof, collected after a firearm is fired and containing sufficient
42		-	microscopical characteristics to compare to other discharged
43		-	ammunition or to determine the firearm from which the ammunition
44		-	was fired.]
45		-	(5) "Law enforcement unit" has the same meaning as provided in
46		-	section 7-294a; and
47		-	(6) "NIBIN databank" means the National Integrated Ballistic
48		-	Information Network, maintained by the federal Bureau of Alcohol,
49		-	Tobacco, Firearms and Explosives, or any successor network.
50		-	(b) (1) The Division of Scientific Services shall [establish a firearms
51		-	evidence] participate in the NIBIN databank. Evidence consisting of
52		-	fired components of ammunition may be entered into [such] the NIBIN
53		-	databank in accordance with [specific procedures] regulations adopted
54		-	by the Commissioner of Emergency Services and Public Protection [, in
55		-	the regulations adopted] pursuant to subsection [(f)] (g) of this section.
56		-	(2) The [firearms evidence] NIBIN databank may be used by
57		-	laboratory personnel, in accordance with federal procedures and
58		-	regulations adopted pursuant to subsection (g) of this section, to (A)
59		-	compare two or more cartridge cases, bullets or other projectiles Substitute House Bill No. 5280
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61		-	Public Act No. 24-32 3 of 5
	39	+	[(3)] (4) "Laboratory" means the Division of Scientific Services 17
	40	+	forensic science laboratory within the Department of Emergency 18
	41	+	Services and Public Protection; 19
	42	+	[(4) "Police department" means the Division of State Police within the 20
	43	+	Department of Emergency Services and Public Protection or an 21
	44	+	organized local police department; 22
	45	+	(5) "Fired components of ammunition" means discharged 23
	46	+	ammunition consisting of a cartridge case or a bullet or a fragment 24
	47	+	thereof, collected after a firearm is fired and containing sufficient 25
	48	+	microscopical characteristics to compare to other discharged 26
	49	+	ammunition or to determine the firearm from which the ammunition 27
	50	+	was fired.] 28
	51	+	(5) "Law enforcement unit" has the same meaning as provided in 29
	52	+	section 7-294a; and 30
	53	+	(6) "NIBIN databank" means the National Integrated Ballistic 31
	54	+	Information Network, maintained by the federal Bureau of Alcohol, 32
	55	+	Tobacco, Firearms and Explosives, or any successor network. 33
	56	+	(b) (1) The Division of Scientific Services shall [establish a firearms 34
	57	+	evidence] participate in the NIBIN databank. Evidence consisting of 35
	58	+	fired components of ammunition may be entered into [such] the NIBIN 36
	59	+	databank in accordance with [specific procedures] regulations adopted 37
	60	+	by the Commissioner of Emergency Services and Public Protection [, in 38
	61	+	the regulations adopted] pursuant to subsection [(f)] (g) of this section. 39
	62	+	(2) The [firearms evidence] NIBIN databank may be used by 40
	63	+	laboratory personnel, in accordance with federal procedures and 41
	64	+	regulations adopted pursuant to subsection (g) of this section, to (A) 42
	65	+	compare two or more cartridge cases, bullets or other projectiles 43
	66	+	submitted to the laboratory or produced at the laboratory from a 44
	67	+	firearm, or (B) upon the request of a [police department] law 45
	68	+	enforcement unit as part of a criminal case investigation, verify by 46
	69	+	microscopic examination any resulting match, and shall produce a 47 Substitute Bill No. 5280
62	70
63		-	submitted to the laboratory or produced at the laboratory from a
64		-	firearm, or (B) upon the request of a [police department] law
65		-	enforcement unit as part of a criminal case investigation, verify by
66		-	microscopic examination any resulting match, and shall produce a
67		-	report stating the results of such a search.
68		-	(3) Any image of a fired component of ammunition that is not
69		-	matched by a search of the NIBIN databank shall be [stored in the]
70		-	submitted to the NIBIN databank for future searches.
71		-	[(4) The Division of Scientific Services may permit a firearms section
72		-	of a police department that complies with all laboratory guidelines and
73		-	regulations adopted by the commissioner pursuant to subsection (f) of
74		-	this section regarding the operation of the firearms evidence databank
75		-	to (A) test fire handguns that come into the custody of the police
76		-	department and collect fired components of ammunition from such test
77		-	fires, (B) set up a remote terminal to enter images of fired components
78		-	of ammunition directly into the databank, and (C) search the databank.]
79		-	(c) (1) Except as provided in [subdivision (4) of subsection (b) of this
80		-	section and] subsection (d) of this section, [a police department may
81		-	submit to the laboratory any handgun that] when any firearm comes
82		-	into police custody as the result of a criminal investigation, the law
83		-	enforcement unit shall either (A) submit such firearm or fired
84		-	components of ammunition from such firearm to the laboratory, or (B)
85		-	if such law enforcement unit has been permitted by the laboratory
86		-	pursuant to subsection (f) of this section, test fire such firearm as
87		-	expeditiously as is practicable and submit evidence resulting from such
88		-	test fire to the NIBIN databank.
89		-	(2) The laboratory may test fire each submitted [handgun] firearm
90		-	and collect fired components of ammunition from such test fires. The
91		-	laboratory shall label the fired components of ammunition with the
92		-	[handgun] firearm manufacturer, type of weapon, serial number, date Substitute House Bill No. 5280
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94		-	Public Act No. 24-32 4 of 5
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96		-	of the test fire and name of the person test firing the [handgun] firearm
97		-	and collecting the fired components of ammunition.
98		-	(3) When a law enforcement unit recovers any spent cartridge case
99		-	from a crime scene or believes that any cartridge case is related to the
100		-	commission of a crime or an improper discharge of a firearm, the agency
101		-	shall, as expeditiously as practicable, submit an examination of such
102		-	cartridge case to the NIBIN databank.
103		-	(d) (1) [On and after October 1, 2001, a police department] Each law
104		-	enforcement unit shall test fire every handgun to be issued by [that
105		-	department] such unit before the handgun is so issued and collect the
106		-	fired components of ammunition from such test fire. Any [police
107		-	department] law enforcement unit may request the assistance of the
108		-	Division of State Police or the laboratory in test firing a handgun and
109		-	collecting such fired components of ammunition.
110		-	(2) The [police department] law enforcement unit shall seal the fired
111		-	components of ammunition in a tamper-evident manner and label the
112		-	package with the handgun manufacturer, handgun type, serial number
113		-	and name of the person test firing the handgun and collecting the fired
114		-	components of ammunition. The [police department] law enforcement
115		-	unit shall submit the fired components of ammunition and two intact
116		-	cartridges that are representative samples of the ammunition used by
117		-	the [department] unit in its service handguns.
118		-	(e) The laboratory may share the information in the [firearms
119		-	evidence] NIBIN databank with law enforcement units and other law
120		-	enforcement agencies, both within and outside the state. [, and may
121		-	participate in a national firearms evidence databank program.]
122		-	(f) The Division of Scientific Services may permit a firearms section
123		-	of a law enforcement unit that complies with all laboratory guidelines
124		-	and regulations adopted by the commissioner pursuant to subsection Substitute House Bill No. 5280
	76	+	report stating the results of such a search. 48
	77	+	(3) Any image of a fired component of ammunition that is not 49
	78	+	matched by a search of the NIBIN databank shall be [stored in the] 50
	79	+	submitted to the NIBIN databank for future searches. 51
	80	+	[(4) The Division of Scientific Services may permit a firearms section 52
	81	+	of a police department that complies with all laboratory guidelines and 53
	82	+	regulations adopted by the commissioner pursuant to subsection (f) of 54
	83	+	this section regarding the operation of the firearms evidence databank 55
	84	+	to (A) test fire handguns that come into the custody of the police 56
	85	+	department and collect fired components of ammunition from such test 57
	86	+	fires, (B) set up a remote terminal to enter images of fired components 58
	87	+	of ammunition directly into the databank, and (C) search the databank.] 59
	88	+	(c) (1) Except as provided in [subdivision (4) of subsection (b) of this 60
	89	+	section and] subsection (d) of this section, [a police department may 61
	90	+	submit to the laboratory any handgun that] when any firearm comes 62
	91	+	into police custody as the result of a criminal investigation, the law 63
	92	+	enforcement unit shall either (A) submit such firearm or fired 64
	93	+	components of ammunition from such firearm to the laboratory, or (B) 65
	94	+	if such law enforcement unit has been permitted by the laboratory 66
	95	+	pursuant to subsection (f) of this section, test fire such firearm as 67
	96	+	expeditiously as is practicable and submit evidence resulting from such 68
	97	+	test fire to the NIBIN databank. 69
	98	+	(2) The laboratory may test fire each submitted [handgun] firearm 70
	99	+	and collect fired components of ammunition from such test fires. The 71
	100	+	laboratory shall label the fired components of ammunition with the 72
	101	+	[handgun] firearm manufacturer, type of weapon, serial number, date 73
	102	+	of the test fire and name of the person test firing the [handgun] firearm 74
	103	+	and collecting the fired components of ammunition. 75
	104	+	(3) When a law enforcement unit recovers any spent cartridge case 76
	105	+	from a crime scene or believes that any cartridge case is related to the 77
	106	+	commission of a crime or an improper discharge of a firearm, the agency 78 Substitute Bill No. 5280
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126		-	Public Act No. 24-32 5 of 5
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128		-	(g) of this section regarding the operation of the NIBIN databank to (1)
129		-	test fire firearms that come into the custody of the unit and collect fired
130		-	components of ammunition from such test fires, (2) set up a remote
131		-	terminal to enter images of fired components of ammunition directly
132		-	into the NIBIN databank, and (3) search the NIBIN databank.
133		-	[(f)] (g) The commissioner shall adopt regulations, in accordance with
134		-	the provisions of chapter 54, to carry out the purposes of this section.
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	113	+	shall, as expeditiously as practicable, submit an examination of such 79
	114	+	cartridge case to the NIBIN databank. 80
	115	+	(d) (1) [On and after October 1, 2001, a police department] Each law 81
	116	+	enforcement unit shall test fire every handgun to be issued by [that 82
	117	+	department] such unit before the handgun is so issued and collect the 83
	118	+	fired components of ammunition from such test fire. Any [police 84
	119	+	department] law enforcement unit may request the assistance of the 85
	120	+	Division of State Police or the laboratory in test firing a handgun and 86
	121	+	collecting such fired components of ammunition. 87
	122	+	(2) The [police department] law enforcement unit shall seal the fired 88
	123	+	components of ammunition in a tamper-evident manner and label the 89
	124	+	package with the handgun manufacturer, handgun type, serial number 90
	125	+	and name of the person test firing the handgun and collecting the fired 91
	126	+	components of ammunition. The [police department] law enforcement 92
	127	+	unit shall submit the fired components of ammunition and two intact 93
	128	+	cartridges that are representative samples of the ammunition used by 94
	129	+	the [department] unit in its service handguns. 95
	130	+	(e) The laboratory may share the information in the [firearms 96
	131	+	evidence] NIBIN databank with law enforcement units and other law 97
	132	+	enforcement agencies, both within and outside the state. [, and may 98
	133	+	participate in a national firearms evidence databank program.] 99
	134	+	(f) The Division of Scientific Services may permit a firearms section 100
	135	+	of a law enforcement unit that complies with all laboratory guidelines 101
	136	+	and regulations adopted by the commissioner pursuant to subsection 102
	137	+	(g) of this section regarding the operation of the NIBIN databank to (1) 103
	138	+	test fire firearms that come into the custody of the unit and collect fired 104
	139	+	components of ammunition from such test fires, (2) set up a remote 105
	140	+	terminal to enter images of fired components of ammunition directly 106
	141	+	into the NIBIN databank, and (3) search the NIBIN databank. 107
	142	+	[(f)] (g) The commissioner shall adopt regulations, in accordance with 108
	143	+	the provisions of chapter 54, to carry out the purposes of this section. 109 Substitute Bill No. 5280
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	149	+
	150	+	This act shall take effect as follows and shall amend the following
	151	+	sections:
	152	+
	153	+	Section 1 October 1, 2024 29-7h
	154	+
	155	+	Statement of Legislative Commissioners:
	156	+	In Subsec. (c)(3), "possible" was changed to "practicable" for consistency.
	157	+
	158	+	PS Joint Favorable Subst. -LCO
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