The 2008 California Legislative session is in full swing with numerous pending bills up for consideration. On or about October 12, 2008, active bills will either be vetoed or signed into law by the Governor.

As these bills move through the committee process, they may be amended or revised many times. In some cases, the final version of the bill may exclude some of the main points of the original proposal in order to secure passage.

One such bill is Senate Bill 839 that when into effect on January 1, 2008. Introduced by Senator Calderon on February 23, 2007, the originally bill contained language that would make it illegal for a person to possess, or to possess with intent to use, or to use an agricultural and wildlife firework contrary to it’s intended use. The law at the time this bill was introduced only made it illegal for a person to actually use or discharge an agricultural and wildlife firework without first securing a permit from the State Fire Marshal. Making it illegal to possess, or possess with intent to use, an agricultural and wildlife firework would have greatly assisted investigators when encountering a person in possession of these fireworks who were intending to use then for purposes other than the intended use.

During the many amendments to the bill in the 2007 legislative process, the language concerning agricultural and wildlife fireworks was dropped. The bill took on new language that would focus on enhancing penalties for possession of illegal fireworks, creating a State Fire Marshal Fireworks Enforcement Fund, assisting local agencies with adopting a model ordinance to streamline fireworks enforcement efforts, establishing regulations to assess fees on the importation for fireworks, requiring the State Fire Marshal to collect data on fireworks, and would require the State Fire Marshal to work with the DMV in establishing penalties for drivers of vehicles used to transport illegal fireworks in California.

This bill was passed, signed by the Governor, and filed with the Secretary of State on October 12, 2007.

More information on Senate Bill 839 can be found at the links below that are from the State Fire Marshals Website.

New Fireworks Law - SB 839:

• SB 839 Chaptered
• Administrative Fine Model Ordinance
• SB 839 Fact Sheet (pdf)
• SB 839 PowerPoint Enforcement Presentation

Below you will find several pieces of legislation relating to fire and arson investigation. Daily updates on any piece of pending California legislation can be found at

http://www.leginfo.ca.gov/ 

Update: September 1, 2008

As of April 8, 2008, Senate Bill #1130 failed passage in committee and is inactive.

Senate Bill #113O

Introduced by Senator Battin

January 29, 2008

The following is taken from www.leginfo.ca.gov:

"An act to amend Section 457.1 of the Penal Code, relating to arson. Legislative Counsel’s Digest SB 1130, as introduced, Battin. Arson: registration: Internet availability. Existing law requires a convicted arsonist, as specified, to register with certain local officials in the area in which he or she resides, and makes it a misdemeanor to fail to register. Existing law also requires the registering law enforcement agency to forward certain information about the person to the Department of Justice, including a signed statement, and the person’s fingerprints and photograph. Under existing law, those statements, photographs, and fingerprints are not open to inspection by the public or by any person other than a regularly employed peace officer or other law enforcement officer.

This bill would delete the provision prohibiting public inspection of the statements, photographs, and fingerprints, and would require the Department of Justice, by July 1, 2014, to make specified personal identifying information in the arson registry available to the public on its Internet Web site."

 Update: September 1, 2008

Senate Bill #902 was amended on August 15, 2008 and no longer pertains to Accelerant Detection Dogs. This bill now amends the Vehicle Code and the Welfare and Institutions Code relating to County Health Care Funding. 

Senate Bill #902

Introducted by Senator Padilla

February 23, 2007

Amended in Senate on January 28, 2008

The following is taken from

www.leginfo.ca.gov: 

"An act to add Section 13159.85 to the Health and Safety Code, relating to firefighters. Legislative Counsel’s Digest SB 902, as amended, Padilla. Firefighters: accelerant detecting dogs. Existing law requires peace officer and civilian drug detection canine trainers working under the direction of a law enforcement agency to follow specified protocols of behavior. This bill would require the State Fire Marshal, in conjunction with recognized statewide fire investigation entities, to update and amend standards and procedures for accelerant detecting canines and their handlers, as specified. The bill would require these standards and procedures to be updated and amended on or before January 1, 2010 2011, and to consider information from, and publications by, recognized statewide fire investigation entities, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1. Section 13159.85 is added to the Health and Safety Code, to read:

13159.85. The State Fire Marshal, in conjunction with recognized statewide fire investigation entities, including, but not limited to, the California State Firefighters’ Association, shall update and amend standards and procedures for accelerant detecting canines and their handlers. The standards and procedures shall be updated and amended on or before January 1, 2010 2011, and shall include, but are not limited to, 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 detecting canines. The State Fire Marshal, in updating and amending the standards and procedures, shall consider information from, and publications by, recognized statewide fire investigation entities, including, but not limited to, the California State Firefighters’ Association."

Assembly Bill #1995

Introduced by Assembly Member Jeffries

February 14, 2008

The following is taken from

www.leginfo.ca.gov:

Update: September 1, 2008:

Assembly Bill 1995 remains active in Committee

"AMENDED IN ASSEMBLY APRIL 2, 2008

California Legislature—2007–08 regular session

ASSEMBLY BILL No. 1995

Introduced by Assembly Member Jeffries

February 14, 2008

An act to amend Section 451.5 of the Penal Code, relating to arson.

Legislative Counsel’s Digest AB 1995, as amended, Jeffries. Arson: aggravated: punishment. Existing law defines the crime of aggravated arson, and makes a person guilty of that crime if the fire caused property damage and other losses in excess of $5,650,000. Existing law specifies costs to be included in calculating property damage for purposes of these provisions and states legislative intent to review the property damage threshold in light of inflation within 5 years. Existing law repeals the provisions relating to property damage on January 1, 2010. This bill would extend the repeal date for the provisions relating to property damage until January 1, 2020 2014 and would make a conforming change regarding that intent language. By extending the operative effect of an existing crime, 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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1. Section 451.5 of the Penal Code is amended to read:

451.5. (a) Any person who willfully, maliciously, deliberately, with premeditation, and with intent to cause injury to one or more persons or to cause damage to property under circumstances likely to produce injury to one or more persons or to cause damage to one or more structures or inhabited dwellings, sets fire to, burns, or causes to be burned, or aids, counsels, or procures the burning of any residence, structure, forest land, or property is guilty of aggravated arson if one or more of the following aggravating factors exists:

(1) The defendant has been previously convicted of arson on one or more occasions within the past 10 years.

(2) (A) The fire caused property damage and other losses in excess of five million six hundred fifty thousand dollars ($5,650,000).

(B) In calculating the total amount of property damage and other losses under subparagraph (A), the court shall consider the cost of fire suppression. It is the intent of the Legislature that this paragraph be reviewed within ten five years to consider the effects of inflation on the dollar amount stated herein. For that reason, this paragraph shall remain in effect until January 1, 2020 2014, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2020 2014, deletes or extends that date.

(3) The fire caused damage to, or the destruction of, five or more inhabited structures.

(b) Any person who is convicted under subdivision (a) shall be punished by imprisonment in the state prison for 10 years to life.

(c) Any person who is sentenced under subdivision (b) shall not be eligible for release on parole until 10 calendar years have elapsed.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution."