CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2222

Introduced by Assembly Member Quirk

February 12, 2018

An act to amend Sections 11108 and 11108.3 of, and to add Sections 11108.2 and 11108.4 to, the Penal Code relating to crime prevention and investigation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2222, as introduced, Quirk. Crime prevention and investigation: informational databases.
Existing law directs police and sheriffs’ departments to submit the description of serialized or uniquely inscribed nonserialized property which has been reported stolen, lost, found, recovered, or under observation, directly to an automated Department of Justice system. Existing law requires that any information entered into the Department of Justice system regarding a firearm remain in the system until the firearm is found, recovered, no longer under observation, or the record is deemed to have been entered in error. Existing law also requires the costs resulting from this requirement to be reimbursed from funds other than those collected from specified fees relating to firearms.
This bill would extend this firearms reporting requirement to all law enforcement agencies in the state, as defined, and would require that the report be entered within 3 days of the agency being notified of the precipitating event.
Existing law also requires police and sheriffs’ departments, and authorizes other law enforcement agencies, to report to the Department of Justice any information in their possession necessary to identify and trace the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime.
This bill would extend this reporting requirement to all law enforcement agencies in the state, as defined, and would require that the information be entered within 3 days of the agency’s possession of the information.
This bill would also require the Department of Justice to prepare and submit a report to the Legislature, on or before July 1, 2020, regarding compliance by law enforcement agencies with these provisions.
This bill would make technical and conforming changes.
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 of the Penal Code is amended to read:

11108.
 (a)Each sheriff or police chief executive shall submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, found, recovered, held for safekeeping, or under observation, directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property, as the case may be.

(b)Information about a firearm entered into the automated system for firearms shall remain in the system until the reported firearm has been found, recovered, is no longer under observation, or the record is determined to have been entered in error.

(c)Any costs incurred by the Department of Justice to implement subdivision (b) shall be reimbursed from funds other than fees charged and collected pursuant to Sections 28225 and 28230.

SEC. 2.

 Section 11108.2 is added to the Penal Code, to read:

11108.2.
 (a) A law enforcement agency shall enter or cause to be entered into the Department of Justice Automated Firearms System each firearm that has been reported stolen, lost, found, recovered, held for safekeeping, or under observation, within three days after being notified of the precipitating event.
(b) Information about a firearm entered into the automated system for firearms shall remain in the system until the reported firearm has been found, recovered, is no longer under observation, or the record is determined to have been entered in error.
(c) Any costs incurred by the Department of Justice to implement subdivision (b) shall be reimbursed from funds other than fees charged and collected pursuant to Sections 28225 and 28230.
(d) As used in this section, “law enforcement agency” means a police or sheriff’s 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 California State University Police Departments, and the police department of any school district, transit district, and harbor, port, or housing authority.

SEC. 3.

 Section 11108.3 of the Penal Code is amended to read:

11108.3.
 (a) In addition to the requirements of Section 11108 11108.2 that apply to a local law enforcement agency’s duty to report to the Department of Justice the recovery of a firearm, a police or sheriff’s department law enforcement agency described in Section 11108.2 shall, and any other law enforcement agency or agent agent, including but not limited to a federal or tribal law enforcement agency or agent, may, report to the department in a manner determined by the Attorney General in consultation with the Bureau of Alcohol, Tobacco, Firearms and Explosives all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime.
(b) When the department receives information from a local law enforcement agency pursuant to subdivision (a), it shall promptly forward this information to the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the extent practicable.

(c)The Department of Justice shall implement an electronic system by January 1, 2002, to receive comprehensive tracing information from each local law enforcement agency, and to forward this information to the National Tracing Center.

(d)

(c) In implementing this section, the Attorney General shall ensure to the maximum extent practical that both of the following apply:
(1) The information he or she provides to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives enables that agency to trace the ownership of the firearm described in subdivision (a).
(2) Local law Law enforcement agencies can report all relevant information without being unduly burdened by this reporting function.

(e)

(d) Information collected pursuant to this section shall be maintained by the department for a period of not less than 10 years, and shall be available, under guidelines set forth by the Attorney General, for academic and policy research purposes.

(f)

(e) The Attorney General shall have the authority to may issue regulations to further the purposes of this section.

SEC. 4.

 Section 11108.4 is added to the Penal Code, to read:

11108.4.
 (a) On or before July 1, 2020, the Department of Justice shall prepare and submit a report to the Legislature regarding law enforcement agency compliance with Sections 11108.2 and 11108.3.
(b) The report required by subdivision (a) may also include recommendations to the Legislature regarding measures to improve law enforcement agency compliance with those provisions.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2024.

SEC. 5.

 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.