California is one step closer to changing the way law enforcement agencies use dogs. That includes when making arrests, at public protests and when responding to mental health incidents.
For years, critics have decried the lack of state standards and, in some cases, have strongly disagreed with the use of K-9s.
Policies have largely been left in the hands of individual agencies. For example, the San Diego Police Department does not have a search and rescue unit, but the San Diego County Sheriff’s Department does. Other agencies use K-9 dogs to control crowds during protests, something the SDPD does not do. Several police agencies do not have any K-9 units.
However, law enforcement agencies across the state, including the SDPD, have expressed concerns about restricting the use of K-9s. SDPD told KeynoteUSA 7 Investigates that the changes would directly result in more officers being injured in the line of duty and officers shooting more suspects.
Police also say the mere presence of a barking police K-9 has been shown to increase the likelihood that suspects will surrender peacefully.
Bills advance to state Senate, amended along the way
In late May, AB 2042 and AB 3241 passed the California State Assembly and are being debated in state Senate committees. Both bills require California’s police training organization called POST to develop standards. Law enforcement agencies would also be required to track and publish how they use dogs. That bill is backed by a police lobby and unions.
The other comes from Riverside County Assemblyman Corey Jackson. Initially, his bill would have essentially equated K-9 use with a deadly weapon, but many police chiefs disagreed with that and the bill has since been watered down.
Now, Jackson’s bill calls for establishing guidelines on the use of dogs to help make an arrest “proportionately,” depending on the severity of the suspected crime. It also has new language about minimizing harm to bystanders and making sure dog handlers have tools to help release a bite.
The two bills are now joined together and neither can be passed without the other. There is also a good chance that both will merge into one.
Groups express concern over racial disparities
Critics such as the ACLU of Southern California have pointed to studies indicating that police dogs are disproportionately used on people of color. An KeynoteUSA 7 investigation appeared to validate some of those concerns.
We analyzed five years of SDPD K-9 dog bite data. During that time, the dogs bit 161 people, and 66% of them were black or Hispanic, even though they only make up 36% of the city’s population.
When KeynoteUSA 7 asked about that racial disparity, then-San Diego Police Chief David Nisleit, who retired this week, said the bites are the result of a suspect’s behavior, not his race. However, some groups like the ACLU have opposed that and say neither bill goes far enough to restrict its use.
Critics also raise moral questions about the use of police dogs against suspects experiencing a mental health crisis. While the department says its dogs have never killed anyone, several suspects were shot and killed after a K-9 was deployed.
Both bills will have to be approved by the Senate rules committee before being put to another vote on the Senate floor. If more changes are made, they would have to be re-approved before reaching Gov. Gavin Newsom’s desk. The legislature has until August 30 to make that happen.
Keynote USA
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