BILL NUMBER: AB 2880 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2002
AMENDED IN ASSEMBLY APRIL 1, 2002
INTRODUCED BY Assembly Member Chavez
FEBRUARY 25, 2002
An act to amend Sections 7583.6, 7583.7, 7583.9,
7583.15, 7583.20, and 7587.8 of, and to add Section 7583.47
to, the Business and Professions Code, relating to private security
services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2880, as amended, Chavez. Private security services.
Existing law provides for the regulation of private security
services by the Bureau of Security and Investigative Services in the
Department of Consumer Affairs. Existing law requires a person who
is registered as a security guard to complete certain training
requirements. Existing law sets forth specified topics to be covered
in the training courses.
The bill would require a registered security guard to complete not
less than 32 hours of training within 90 days from the day the
registration card is issued, with 16 of those hours to be completed
within the first 30 days. The bill would impose other training
requirements on a security guard. The bill would require additional
topics to be included in the training courses on the power to arrest.
The bill would require a registrant, as a condition of
registration renewal, to certify to the bureau that he or she has
completed not less than 16 hours of continuing education.
Existing law prescribes fees for the registration of security
guards and provides that the application fee for a security employee
that is paid by the employer may be withheld from the employee's
compensation.
The bill would delete a provision allowing a private patrol
operator to withhold the amount of the application fee from the
employee's compensation if the operator pays the application fee.
Existing law requires the Director of the Department of Consumer
Affairs to notify an employer licensee if the director finds that the
employee applicant, firearms qualification cardholder, or registrant
may present an undue hazard to public safety. Existing law requires
the employer licensee to suspend the employee upon notice from the
director.
This bill would require the director to immediately notify the
employer. The bill would authorize the director to require licensees
to provide employment information to the department for employer
notification purposes.
The bill would require the department to present a plan in the
2003-04 budget year to implement the act, and would provide for a
reasonable transition period to achieve the new standards. The bill
would authorize the department to provide for fees necessary for this
purpose.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7583.6 of the Business and Professions Code is
amended to read:
7583.6. (a) A person entering the employ of a licensee to perform
the functions of a security guard or a security patrolperson shall
complete a course in the exercise of the power to arrest prior to
being assigned to a duty location.
(b) A person registered pursuant to this chapter shall complete
not less than 32 hours of training within 90 days from the day the
registration card is issued. Sixteen of the 32 hours must be
completed within 30 days from the day the registration card is
issued.
(c) A course provider shall issue a certificate to a security
guard upon satisfactory completion of a required course, conducted in
accordance with the department's requirements. A private patrol
operator may provide training programs and courses in addition to the
training required in this section.
(d) This section shall not apply to a peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code who has successfully completed a course of study in the
exercise of the power of arrest.
SEC. 2. Section 7583.7 of the Business and Professions Code is
amended to read:
7583.7. (a) The course of training in the exercise of the power
to arrest may be administered, tested, and certified by any licensee.
The department may approve any person or school to teach the course
in the exercise of the power to arrest. The course of training
shall be approximately eight hours in length and shall cover the
following topics:
(1) Responsibilities and ethics in citizen arrest.
(2) Relationship between a security guard and a peace officer in
making an arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(6) First Aid.
(7) Ethics and communications.
(8) Emergency situation response.
(9) Any other topic deemed appropriate by the bureau.
(b) The majority of the course shall be taught by means of verbal
instruction. This instruction may include the use of a video
presentation.
(c) The department shall make available a guidebook as a standard
for teaching the course in the exercise of the power to arrest. The
department shall encourage additional training and may provide a
training guide recommending additional courses to be taken by
security personnel.
(d) Private patrol operators shall provide a copy of the guidebook
described in subdivision (c) to each person they currently employ as
a security guard and to each individual they intend to hire as a
security guard. The private patrol operator shall provide the
guidebook to each person he or she intends to hire as a security
guard a reasonable time prior to the time the person begins the
course in the exercise of the power to arrest.
(e) The bureau may inspect, supervise, or view the administration
of the test at any time and without any prior notification. Any
impropriety in the administration of the course or the test shall
constitute grounds for disciplinary action.
SEC. 3. Section 7583.9 of the Business and Professions Code is
amended to read:
7583.9. (a) Upon accepting employment by a private patrol
operator, any employee who performs the function of a security guard
or security patrolperson who is not currently registered with the
bureau, shall complete an application for registration on a form as
prescribed by the director, and obtain two classifiable fingerprint
cards for submission to the Department of Justice. The Department of
Justice shall forward one classifiable fingerprint card to the
Federal Bureau of Investigation for purposes of a background check.
The applicant shall submit the application and registration fee to
the bureau on or before the same business day that he or she is
assigned to work as a security guard or security patrolperson
performing any of the functions set forth in subdivision (a) of
Section 7582.1. If the applicant is assigned to work on a Saturday,
Sunday, or on a federal holiday, the applicant may submit the
application and registration fee to the bureau on the first business
day immediately following the Saturday, Sunday, or federal holiday.
The applicant shall submit the fingerprints to the bureau within
three business days after being assigned to work with a temporary
registration card.
(b) The licensee shall maintain supplies of applications and
fingerprint cards that shall be provided by the bureau upon request.
(c) In lieu of classifiable fingerprint cards provided for in this
section, the bureau may authorize applicants to submit their
fingerprints into an electronic fingerprinting system administered by
the Department of Justice. Applicants who submit their fingerprints
by electronic means shall have their fingerprints entered into the
system through a terminal operated by a law enforcement agency or
other facility authorized by the Department of Justice to conduct
electronic fingerprinting. The enforcement agency responsible for
operating the terminal may charge a fee sufficient to reimburse it
for the costs incurred in providing this service.
(d) Upon receipt of an applicant's electronic fingerprints as
provided in this section, the Department of Justice shall determine
whether the applicant has been convicted of any crime and forward the
information to the bureau.
(e) The requirement of submission of fingerprint cards to the
Federal Bureau of Investigation shall not apply to currently
employed, full-time peace officers holding peace officer status under
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, or to level I or level II reserve officers as
described in paragraphs (1) and (2) of subdivision (a) of Section
832.6 of the Penal Code.
(f) In addition to the amount authorized pursuant to Section
7570.1, the bureau may impose an additional fee not to exceed three
dollars ($3) for processing classifiable fingerprint cards submitted
by applicants excluding those submitted into an electronic
fingerprint system using electronic fingerprint technology.
(g) An employee shall, on the first day of employment, display to
the client his or her registration card if it is feasible and
practical to comply with this disclosure requirement. The employee
shall thereafter display to the client his or her registration card
upon the request of the client.
(h) "Submit," as used in subdivision (a), means any of the
following:
(1) To ensure that the application and registration fee have been
received by the bureau on or before the business day that the
employee is assigned to work.
(2) To ensure that the application and registration fee either
have been mailed to the bureau and officially postmarked with a date
on or before the employee is assigned to work or have been deposited
with a carrier performing overnight delivery services on or before
the business day that the employee is assigned to work.
(3) To ensure, if the applicant is assigned to work on a Saturday,
Sunday, or on a federal holiday, that the application and
registration fee either have been mailed to the bureau and officially
postmarked with a date on the first business day immediately
following that Saturday, Sunday, or federal holiday or have been
deposited with a carrier performing overnight delivery services on
the first business day immediately following that Saturday, Sunday,
or federal holiday.
SEC. 4.
SEC. 3. Section 7583.15 of the Business and Professions Code
is amended to read:
7583.15. If the director determines that continued employment of
an applicant, firearms qualification cardholder, or registrant, in
his or her current capacity, may present an undue hazard to the
public safety, the director shall immediately notify the employing
licensee, who shall suspend the applicant, firearms qualification
cardholder, or registrant from employment in that capacity.
A registrant, firearms qualification cardholder, or applicant may
request a review by the Private Security Disciplinary Review
Committee as set forth in Section 7581.3 to appeal the suspension.
SEC. 5.
SEC. 4. Section 7583.20 of the Business and Professions Code
is amended to read:
7583.20. (a) A registration issued under this chapter expires two
years following the date of issuance or on the assigned renewal
date. Every security guard issued a registration under this chapter
that expires on or after January 1, 1997, and who is also issued or
renews a firearms qualification card on or after January 1, 1997,
shall be placed on a cyclical renewal so that the registration
expires on the expiration date of the firearms qualification card.
Notwithstanding any other provision of law, the bureau is authorized
to extend or shorten the first term of registration following January
1, 1997, and to prorate the required registration fee in order to
implement this cyclical renewal. At least 60 days prior to the
expiration, a registrant seeking to renew a guard registration shall
forward to the bureau a completed registration renewal application
and the renewal fee. The renewal application shall be on a form
prescribed by the director, dated and signed by the applicant,
certifying under penalty of perjury that the information in the
application is true and correct.
(b) The licensee shall provide to any employee information
regarding procedures for renewal or registration.
(c) In the event a registrant fails to request a renewal of his or
her registration as provided for in this chapter, the registration
shall expire as indicated on the registration. If the registration
is renewed within 60 days after its expiration, the registrant, as a
condition precedent to renewal, shall pay the renewal fee and the
delinquency fee.
(d) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration, but not less than twenty-five dollars
($25).
(e) If the renewed registration card has not been delivered to the
registrant prior to the expiration of the prior registration, the
registrant may present evidence of renewal to substantiate continued
registration for a period not to exceed 90 days after the date of
expiration.
(f) A registration may not be renewed or reinstated unless a
registrant meets both of the following requirements:
(1) All fines assessed pursuant to Section 7587.7 and not resolved
in accordance with the provisions of that section have been paid.
(2) The registrant certifies, on a form prescribed by the bureau,
that he or she has completed not less than 16 hours of approved
continuing education.
SEC. 6.
SEC. 5. Section 7587.8 of the Business and Professions Code
is amended to read:
7587.8. The director may assess fines for the following acts
pursuant to Article 4 (commencing with Section 7583) only as follows:
(a) Violation of subdivisions (a), (b), and (c) of Section 7583.2;
one hundred dollars ($100) per violation.
(b) Violation of subdivisions (h) and (i) of Section 7583.2; one
hundred dollars ($100) for the first violation and two hundred fifty
dollars ($250) per violation for each violation thereafter.
(c) Violation of subdivision (d) of Section 7583.2; one hundred
dollars ($100) per violation.
(d) Violation of subdivision (g) of Section 7583.2; five hundred
dollars ($500) for the first violation and one thousand five hundred
dollars ($1,500) per violation for each violation thereafter.
(e) Violation of subdivision (f) of Section 7583.2; two thousand
five hundred dollars ($2,500) per violation, notwithstanding any
other provision of law.
The assessment of a fine pursuant to this section shall not in any
way affect the authority of the director to deny, suspend, or revoke
a license pursuant to subdivision (b) of Section 7587.1.
SEC. 7.
SEC. 6. Section 7583.47 is added to the Business and
Professions Code, to read:
7583.47. The director may require licensees to provide the
department with any employment information necessary to satisfy the
employer notification requirements of Sections 7583.15 and 7583.21.
SEC. 7. The Department of Consumer Affairs shall present to the
Senate and Assembly budget committees a plan for implementation of
this act during the 2003-04 budget year. This plan shall provide for
a reasonable period of transition for licensed security officers to
achieve the standards established by this act, taking into account
the need to maintain continuity of private security services for
California residents and businesses, and may provide for fees
necessary for this purpose.