BILL ANALYSIS
SB 828
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Date of Hearing: June 20, 2007
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Alberto Torrico, Chairman
SB 828 (Padilla) - As Amended: May 17, 2007
SENATE VOTE : 36-0
SUBJECT : Firefighters: accelerant detection dogs.
SUMMARY : Requires the State Fire Marshall (SFM) to modify by
January 1, 2009 the standards and procedures that govern
accelerant protection dogs and handlers, as specified.
Specifically, this bill :
1) Requires, on or before January 1, 2009, SFM to work with
recognized statewide fire investigation entities, such as the
California State Fire Association (CSFA), to update and amend
standards and procedures for accelerant detection dogs and their
handlers.
2) Specifies that these standards and procedures include, at a
minimum, department and handler selection and evaluation, canine
selection, fire scene practices, blind odor recognition testing,
field searches, searching people, and statutes and regulations
relating to the use of accelerant detection dogs.
3) Specifies that the standards and procedures consider
information from and publications by recognized statewide fire
investigation entities, including the CSFA.
EXISTING LAW :
1)Requires peace officer and civilian drug detection canine
trainers working under the direction of a law enforcement
agency to follow specified protocols of behavior.
2)Provides that the State Fire Marshal (SFM) is responsible for
approving regulations and developing building standards that
promote fire and life safety for inclusion into Title 24,
California Code of Regulations (e.g., Building Code, Fire
Code, Electrical Code, Mechanical Code, Plumbing and
Historical Building Code, etc.). In addition to the building
standards adopted by the SFM in Title 24, the SFM is
responsible for other regulations contained in Title 19,
SB 828
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California Code of Regulations. These regulations govern fire
and panic safety, including fire protection systems in all
buildings, fireworks, flammable fabric standards, flame
retardant chemicals, explosives, gasoline vapor control
systems, and hazardous liquid pipeline safety.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, one time cost of $100,000 General Fund.
COMMENTS : According to the author, the goal of AB 828 is to
ensure that the Accelerant Detection K-9 Program remains
credible in California. Accelerant detection dogs have become
an important companion to fire investigators when probing the
causes of a fire. By using their trained senses, these dogs can
detect evidence of ignitable liquids or accelerants, such as
petrol, kerosene, and diesel fuel. Their work could determine
whether or not the fire was an accident or deliberate.
In the past, the SFM maintained its own arson dogs and developed
regulations for their training. However, as funding for the
program disappeared, the regulations became outdated and
seemingly obsolete. Without proper regulations, some dogs and
their handlers were unable to demonstrate that proper training
and the necessary protocols were taken. This lack of training
and oversight has made it increasingly difficult to defend the
work of accelerant detection dogs during arson cases. The
author contends that "a good defense attorney can sway a jury
and successfully challenge the adequacy of an Accelerant
Detection K-9 and its handler, based on their training
certificates."
To address this problem, in September 2006, the CSFA established
an Accelerant Detection K-9 advisory group to develop acceptable
standards for California's working Accelerated Detection K-9s.
The standards developed by the working group were to assist fire
and police agencies that utilize K-9 teams.
AB 828 will essentially require the SFM to utilize the
information provided by this working group, as well as
information provided by other fire investigation entities, to
update and amend the standards and procedures for accelerant
detection dogs.
Federal Legislation : H.R. 659, the "Canine Detection
Improvement Act of 2007," addresses the need for improved and
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coordinated training, encourages the use of domestic dogs and
confronts the need for more dogs by establishing a "Domestic
Canine Breeding Grant Program" to increase canine numbers
through both public and private means. H.R. 659 also proposes
to create a canine team accreditation board to ensure proper
certification standards and to prevent fraud and abuse.
Policy Consideration : Currently, the bill requires that the
standards and procedures are updated on or before January 1,
2009. However, it is unclear whether or not the SFM would have
to update the procedures again after that date. Since
eventually these new standards will require revision, the
committee may wish to consider authorizing the SFM to perform
updates and amendments on an ongoing basis or as needed basis.
Suggested Technical Amendments :
On Page 2, line 7, strike "accelerate" and insert: accelerant
On Page 2, line 18, strike "accelerate" and insert: accelerant
On Page 2, line 18, after "The," insert: State Fire Marshal, in
updating and amending the
On Page 2, line 18, after "procedures," insert ","
On Page 2, line 19, strike "but are not limited to"
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters Association
City of Harrisburg, Pennsylvania
Opposition
None on file.
Analysis Prepared by : Ryan Spencer / G. O. / (916) 319-2531