BILL NUMBER: AB 2880 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 30, 2002
PASSED THE SENATE AUGUST 29, 2002
AMENDED IN SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 19, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN SENATE JUNE 26, 2002
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 7583.2, 7583.20, 7587.1, and 7588 of, to
amend, repeal, and add Sections 7583.6 and 7583.7 of, and to add
Section 7588.5 to, the Business and Professions Code, relating to
private security services, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2880, 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 a course of training on
the power to arrest and requires that the course meet certain
requirements, including that it be approximately 3 hours in length
and that it cover specified subjects. Existing law exempts peace
officers meeting certain criteria from this requirement.
This bill would make certain revisions to the course of training,
including increasing the length to approximately 8 hours and revising
the subjects that the course of training is required to cover.
This bill would require the department to develop and approve, by
regulation, a standard course and curriculum for security officer
skills training, and to consult with specified persons in formulating
the regulations. Commencing July 1, 2004, the bill would require a
security guard, other than a peace officer meeting certain
requirements, to complete the course of training within a specified
time period from the date that a registration card is issued, would
authorize licensees or department-approved organizations to
administer, test, and certify the security officer skills course of
training, and would require a course provider to issue a certificate
upon satisfactory completion of either the power to arrest or the
security officer skills course of training.
Existing law requires a licensee as a private patrol operator to
be responsible for ascertaining that employees subject to
registration are currently registered or have made proper application
for registration. Existing law prohibits a licensee from failing to
maintain an accurate and current record of proof of completion by
each employee of the mandated course of training in the exercise of
the power to arrest.
This bill would additionally require a licensee, commencing
January 1, 2005, to be responsible for ascertaining that employees
subject to registration have, in the preceding 12 months, completed a
specified amount of dedicated review or practice of security
officers training. The bill would also prohibit a licensee from
failing to maintain an accurate and current record of proof of
completion of the required security officers skills training and
annual practice and review.
Existing law authorizes the Director of Consumer Affairs to deny,
suspend, or revoke a private patrol operator license if it is
determined that the licensee has violated any provisions of the
Private Security Services Act.
This bill would exclude the assessment or payment of fines as
provisions the violation of which would subject a licensee to this
disciplinary action.
Existing law sets forth a security guard registration fee not to
exceed $40 and a security guard registration renewal fee not to
exceed $30.
This bill would instead require that the registration fee be $50
and that the renewal fee be $35. The bill would authorize the
Director of Consumer Affairs to reduce temporarily these fees upon
receipt of federal funds, provided that the funds received are for
implementation of the act or enhancement of private security services
in the state and are sufficient to justify the reduction.
The bill would incorporate additional changes in Sections 7583.2,
7583.6, and 7583.7 of the Business and Professions Code proposed by
AB 248 and SB 1241, to be operative only if either or both of the
other bills are enacted and become effective on or before January 1,
2003, and this bill is enacted last.
The increase in fees would increase the moneys deposited in the
Private Security Services Fund, a continuously appropriated fund, for
the purpose of licensing and regulation of private security services
and would thereby make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7583.2 of the Business and Professions Code is
amended to read:
7583.2. No person licensed as a private patrol operator shall do
any of the following:
(a) Fail to properly maintain an accurate and current record of
all firearms or other deadly weapons that are in the possession of
the licensee or of any employee while on duty. Within seven days
after a licensee or his or her employees discover that a deadly
weapon that has been recorded as being in his or her possession has
been misplaced, lost, or stolen, or in any other way missing, the
licensee or his or her manager shall mail or deliver to any local law
enforcement agency that has jurisdiction, a written report
concerning the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.
(b) Fail to properly maintain an accurate and current record of
the name, address, commencing date of employment, and position of
each employee, and the date of termination of employment when an
employee is terminated.
(c) Fail to properly maintain an accurate and current record of
proof of completion by each employee of the licensee of the course of
training in the exercise of the power to arrest as required by
Section 7583.5, the security officer skills training required by
subdivision (b) of Section 7583.6, and the annual practice and review
required by subdivision (f) of Section 7583.6.
(d) Fail to certify an employee's completion of the course of
training in the exercise of the power to arrest prior to placing the
employee at a duty station.
(e) Fail to certify proof of current and valid registration for
each employee who is subject to registration or fail to comply with
the provisions of Section 7583.11 if employing an individual who does
not possess a current and valid registration from the bureau.
(f) Fail to certify within three business days after assigning an
employee to work with a temporary registration card that the employee
has submitted fingerprint cards as required by Section 7583.9.
(g) Permit any employee to carry a firearm or other deadly weapon
without first ascertaining that the employee is proficient in the use
of each weapon to be carried. With respect to firearms, evidence of
proficiency shall include a certificate from a firearm training
facility approved by the director certifying that the employee is
proficient in the use of that specified caliber of firearm and a
current and valid firearm qualification permit issued by the
department. With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
(h) Fail to deliver to the director a written report describing
fully the circumstances surrounding the discharge of any firearm, or
physical altercation with a member of the public while on duty, by a
licensee or any officer, partner, or employee of a licensee while
acting within the course and scope of his or her employment within
seven days after the incident. For the purposes of this subdivision,
a report shall be required only for physical altercations that
result in any of the following: (1) the arrest of a security guard,
(2) the filing of a police report by a member of the public, (3)
injury on the part of a member of the public that requires medical
attention, or (4) the discharge, suspension, or reprimand of a
security guard by his or her employer. The report shall include, but
not be limited to, a description of any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted. Any report may be investigated by the
director to determine if any disciplinary action is necessary.
(i) Fail to notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
(j) Fail to administer to each registered employee of the
licensee, the review or practice training required by subdivision (f)
of Section 7583.6.
SEC. 1.3. Section 7583.2 of the Business and Professions Code is
amended to read:
7583.2. A licensed private patrol operator, lawful business, or
public agency that employs a security guard registered pursuant to
this chapter shall do the following:
(a) Maintain an accurate and current record of all firearms or
other deadly weapons that are in the possession of the licensee,
lawful business, public agency, or of any employee while on duty.
Within seven days after a licensee, lawful business, or public agency
or his or her employees discover that a deadly weapon that has been
recorded as being in his or her possession has been misplaced, lost,
or stolen, or in any other way missing, the licensee or his or her
manager, lawful business, public agency shall mail or deliver to any
local law enforcement agency that has jurisdiction, a written report
concerning the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.
(b) Maintain an accurate and current record of the name, address,
commencing date of employment, and position of each employee, and the
date of termination of employment when an employee is terminated.
(c) Maintain an accurate and current record of proof of completion
by each employee of the licensee, lawful business, or public agency
of the course of training in the exercise of the power to arrest as
required by Section 7583.5, the security officer skills training
required by subdivision (b) of Section 7583.6, and the annual
practice and review required by subdivision (f) of Section 7583.6.
(d) Certify an employee's completion of the course of training in
the exercise of the power to arrest prior to placing the employee at
a duty station.
(e) Certify proof of current and valid registration for each
employee who is subject to registration or fail to comply with the
provisions of Section 7583.11 if employing an individual who does not
possess a current and valid registration from the bureau.
(f) Certify within three business days after assigning an employee
to work with a temporary registration card that the employee has
submitted fingerprint cards as required by Section 7583.9.
(g) Prohibit an employee from carrying a firearm or other deadly
weapon until first ascertaining that the employee is proficient in
the use of each weapon to be carried. With respect to firearms,
evidence of proficiency shall include a certificate from a firearm
training facility approved by the director certifying that the
employee is proficient in the use of that specified caliber of
firearm and a current and valid firearm qualification permit issued
by the department. With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
(h) Deliver to the director a written report describing fully the
circumstances surrounding the discharge of any firearm, or physical
altercation with a member of the public while on duty, by a licensee
or any officer, partner, or employee of a licensee, lawful business,
or public agency while acting within the course and scope of his or
her employment within seven days after the incident. For the
purposes of this subdivision, a report shall be required only for
physical altercations that result in any of the following: (1) the
arrest of a security guard, (2) the filing of a police report by a
member of the public, (3) injury on the part of a member of the
public that requires medical attention, or (4) the discharge,
suspension, or reprimand of a security guard by his or her employer.
The report shall include, but not be limited to, a description of
any injuries or damages incurred, the identity of all participants,
and whether a police investigation was conducted. Any report may be
investigated by the director to determine if any disciplinary action
is necessary.
(i) (1) Notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
(2) This subdivision shall not apply to any lawful business or
public agency that employs registered security guards.
(j) Fail to administer to each registered employee of the
licensee, the review or practice training required by subdivision (f)
of Section 7583.6.
SEC. 1.5. Section 7583.2 of the Business and Professions Code is
amended to read:
7583.2. No person licensed as a private patrol operator shall do
any of the following:
(a) Fail to properly maintain an accurate and current record of
all firearms or other deadly weapons that are in the possession of
the licensee or of any employee while on duty. Within seven days
after a licensee or his or her employees discover that a deadly
weapon that has been recorded as being in his or her possession has
been misplaced, lost, or stolen, or is in any other way missing, the
licensee or his or her manager shall mail or deliver to any local law
enforcement agency that has jurisdiction, a written report
concerning the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.
(b) Fail to properly maintain an accurate and current record of
the name, address, commencing date of employment, and position of
each employee, and the date of termination of employment when an
employee is terminated.
(c) Fail to properly maintain an accurate and current record of
proof of completion by each employee of the licensee of the course of
training in the exercise of the power to arrest as required by
Section 7583.5, the security officer skills training required by
subdivision (b) of Section 7583.6, and the annual practice and review
required by subdivision (f) of Section 7583.6.
(d) Fail to certify an employee's completion of the course of
training in the exercise of the power to arrest prior to placing the
employee at a duty station.
(e) Fail to certify proof of current and valid registration for
each employee who is subject to registration.
(f) Permit any employee to carry a firearm or other deadly weapon
without first ascertaining that the employee is proficient in the use
of each weapon to be carried. With respect to firearms, evidence of
proficiency shall include a certificate from a firearm training
facility approved by the director certifying that the employee is
proficient in the use of that specified caliber of firearm and a
current and valid firearm qualification permit issued by the
department. With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
(g) Fail to deliver to the director a written report describing
fully the circumstances surrounding the discharge of any firearm, or
physical altercation with a member of the public while on duty, by a
licensee or any officer, partner, or employee of a licensee while
acting within the course and scope of his or her employment within
seven days after the incident. For the purposes of this subdivision,
a report shall be required only for physical altercations that
result in any of the following: (1) the arrest of a security guard,
(2) the filing of a police report by a member of the public, (3)
injury on the part of a member of the public that requires medical
attention, or (4) the discharge, suspension, or reprimand of a
security guard by his or her employer. The report shall include, but
not be limited to, a description of any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted. Any report may be investigated by the
director to determine if any disciplinary action is necessary.
(h) Fail to notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
(i) Fail to administer to each registered employee of the
licensee, the review or practice training required by subdivision (f)
of Section 7583.6.
SEC. 1.7. Section 7583.2 of the Business and Professions Code is
amended to read:
7583.2. A licensed private patrol operator, lawful business, or
public agency that employs a security guard registered pursuant to
this chapter shall do the following:
(a) Maintain an accurate and current record of all firearms or
other deadly weapons that are in the possession of the licensee,
lawful business, public agency, or of any employee while on duty.
Within seven days after a licensee, lawful business, public agency,
or his or her employees discover that a deadly weapon that has been
recorded as being in his or her possession has been misplaced, lost,
or stolen, or is in any other way missing, the licensee or his or her
manager, lawful business, or public agency, shall mail or deliver to
any local law enforcement agency that has jurisdiction, a written
report concerning the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.
(b) Maintain an accurate and current record of the name, address,
commencing date of employment, and position of each employee, and the
date of termination of employment when an employee is terminated.
(c) Maintain an accurate and current record of proof of completion
by each employee of the licensee, lawful business, or public agency,
of the course of training in the exercise of the power to arrest as
required by Section 7583.5, the security officer skills training
required by subdivision (b) of Section 7583.6, and the annual
practice and review required by subdivision (f) of Section 7583.6.
(d) Certify an employee's completion of the course of training in
the exercise of the power to arrest prior to placing the employee at
a duty station.
(e) Certify proof of current and valid registration for each
employee who is subject to registration.
(f) Prohibit an employee from carrying a firearm or other deadly
weapon until first ascertaining that the employee is proficient in
the use of each weapon to be carried. With respect to firearms,
evidence of proficiency shall include a certificate from a firearm
training facility approved by the director certifying that the
employee is proficient in the use of that specified caliber of
firearm and a current and valid firearm qualification permit issued
by the department. With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
(g) Deliver to the director a written report describing fully the
circumstances surrounding the discharge of any firearm, or physical
altercation with a member of the public while on duty, by a licensee
or any officer, partner, or employee of a licensee, lawful business,
or public agency, while acting within the course and scope of his or
her employment within seven days after the incident. For the
purposes of this subdivision, a report shall be required only for
physical altercations that result in any of the following: (1) the
arrest of a security guard, (2) the filing of a police report by a
member of the public, (3) injury on the part of a member of the
public that requires medical attention, or (4) the discharge,
suspension, or reprimand of a security guard by his or her employer.
The report shall include, but not be limited to, a description of
any injuries or damages incurred, the identity of all participants,
and whether a police investigation was conducted. Any report may be
investigated by the director to determine if any disciplinary action
is necessary.
(h) (1) Notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
(2) This subdivision shall not apply to any lawful business or
public agency that employs registered security guards.
(i) Fail to administer to each registered employee of the
licensee, the review or practice training required by subdivision (f)
of Section 7583.6.
SEC. 2. 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) 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 to arrest.
(c) The department shall develop and approve by regulation a
standard course and curriculum for security officer skills training,
as will be required on and after July 1, 2004, to promote and protect
the safety of persons and the security of property. For this
purpose, the department shall consult with consumers, labor
organizations representing private security officers, private patrol
operators, educators, and subject matter experts.
(d) This section shall remain in effect only until July 1, 2004,
and as of January 1, 2005, is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
those dates.
SEC. 2.5. Section 7583.6 of the Business and Professions Code is
amended to read:
7583.6. (a) A person entering the employ of a licensee, any
lawful business, or a public agency 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) 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 to arrest.
(c) The department shall develop and approve by regulation a
standard course and curriculum for security officer skills training,
as will be required on and after July 1, 2004, to promote and protect
the safety of persons and the security of property. For this
purpose, the department shall consult with consumers, labor
organizations representing private security officers, private patrol
operators, educators, and subject matter experts.
(d) This section shall remain in effect only until July 1, 2004,
and as of January 1, 2005, is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
those dates.
SEC. 3. Section 7583.6 is added to the Business and Professions
Code, 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) Except for a registrant who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete not less than 32 hours of training in
security officer skills within six months 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) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security
officers, private patrol operators, educators, and subject matter
experts.
(e) The course of training required by subdivision (b) may be
administered, tested, and certified by any licensee, or by any
organization or school approved by the department. The department
may approve any person or school to teach the course.
(f) (1) On and after January 1, 2005, a licensee shall annually
provide each employee registered pursuant to this chapter with eight
hours of specifically dedicated review or practice of security
officer skills prescribed in either course required in Section 7583.6
or 7583.7.
(2) A licensee shall maintain at the principal place of business
or branch office a record verifying completion of the review or
practice training for a period of not less than two years. The
records shall be available for inspection by the bureau upon request.
(g) 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 to arrest approved by the Commission on Peace
Officer Standards and Training.
(h) This section shall become operative on July 1, 2004.
SEC. 3.5. Section 7583.6 is added to the Business and Professions
Code, to read:
7583.6. (a) A person entering the employ of a licensee, any
lawful business, or a public agency 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) Except for a registrant who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete not less than 32 hours of training in
security officer skills within six months 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) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (b) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall consult
with consumers, labor organizations representing private security
officers, private patrol operators, educators, and subject matter
experts.
(e) The course of training required by subdivision (b) may be
administered, tested, and certified by any licensee, or by any
organization or school approved by the department. The department
may approve any person or school to teach the course.
(f) (1) On and after January 1, 2005, a licensee shall annually
provide each employee registered pursuant to this chapter with eight
hours of specifically dedicated review or practice of security
officer skills prescribed in either course required in Section 7583.6
or 7583.7.
(2) A licensee shall maintain at the principal place of business
or branch office a record verifying completion of the review or
practice training for a period of not less than two years. The
records shall be available for inspection by the bureau upon request.
(g) 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 to arrest approved by the Commission on Peace
Officer Standards and Training.
(h) This section shall become operative on July 1, 2004.
SEC. 4. 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
or by any organization or school approved by the department. 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 three 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) 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 that they currently
employ as a security guard and to each individual that 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.
(f) This section shall remain in effect only until July 1, 2004,
and as of January 1, 2005, is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
those dates.
SEC.
4.5. 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
or by any organization or school approved by the department. 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 three 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) 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, or any lawful business or public
agency that employs a security guard registered pursuant to this
chapter shall provide a copy of the guidebook described in
subdivision (c) to each person that they currently employ as a
security guard and to each individual that they intend to hire as a
security guard. The private patrol operator, lawful business, or
public agency 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.
(f) This section shall remain in effect only until July 1, 2004,
and as of January 1, 2005, is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
those dates.
SEC. 5. Section 7583.7 is added to the Business and Professions
Code, 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
or by any organization or school approved by the department. 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) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical
emergencies.
(9) Security officer safety.
(10) 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 that they currently
employ as a security guard and to each individual that 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.
(f) This section shall become operative on July 1, 2004.
SEC. 5.5. Section 7583.7 is added to the Business and Professions
Code, 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
or by any organization or school approved by the department. 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) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical
emergencies.
(9) Security officer safety.
(10) 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, or any lawful business or public
agency that employs a security guard registered pursuant to this
chapter shall provide a copy of the guidebook described in
subdivision (c) to each person that they currently employ as a
security guard and to each individual that they intend to hire as a
security guard. The private patrol operator, lawful business, or
public agency 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.
(f) This section shall become operative on July 1, 2004.
SEC. 6. 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 security 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) On and after July 1, 2005, the registrant certifies, on a form
prescribed by the bureau, that he or she has completed the 32 hours
of the training required by subdivision (b) of Section 7583.6.
SEC. 7. Section 7587.1 of the Business and Professions Code is
amended to read:
7587.1. Notwithstanding Section 477, a firearm qualification card
and a baton permit shall be considered a license subject to the
terms of this section.
Notwithstanding the assessment or payment of fines for any
violations of this chapter, the director may deny, suspend, or revoke
a license issued under this chapter if he or she determines that the
licensee or his or her manager, if an individual, or if the licensee
is a person other than an individual, that any of its officers,
directors, partners, or its manager, has:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement of a license.
(b) Violated any provisions of this chapter.
(c) Violated any rule of the director adopted pursuant to the
authority contained in this chapter.
(d) Committed any act or crime constituting grounds for denial of
licensure under Section 480, including illegally using, carrying, or
possessing a deadly weapon.
(e) Impersonated, or permitted or aided and abetted an employee to
impersonate a law enforcement officer or employee of the United
States of America, or of any state or political subdivision thereof.
(f) Committed or permitted any employee to commit any act, while
the license was expired which would be cause for the suspension or
revocation of a license, or grounds for the denial of an application
for a license.
(g) Willfully failed or refused to render to a client services or
a report as agreed between the parties and for which compensation has
been paid or tendered in accordance with the agreement of the
parties.
(h) Committed assault, battery, or kidnapping, or used force or
violence on any person, without proper justification.
(i) Knowingly violated, or advised, encouraged, or assisted the
violation of any court order or injunction in the course of business
as a licensee.
(j) Acted as a runner or capper for any attorney.
(k) Been convicted of a violation of Section 148 of the Penal
Code.
(l) Committed any act which is a ground for denial of an
application for a license under this chapter.
(m) Committed any act prohibited by Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1 of the Penal Code.
(n) Purchased, possessed, or transported any tear gas weapon
except as authorized by law. A violation of this subdivision may be
punished by the suspension of a license for a period to be determined
by the director.
(o) Been convicted of a violation of Section 95.3 of the Penal
Code.
SEC. 8. Section 7588 of the Business and Professions Code is
amended to read:
7588. The fees prescribed by this chapter are as follows:
(a) The application and examination fee for an original license
for a private patrol operator may not exceed five hundred dollars
($500).
(b) The application fee for an original branch office certificate
for a private patrol operator may not exceed two hundred fifty
dollars ($250).
(c) The fee for an original license for a private patrol operator
may not exceed seven hundred dollars ($700).
(d) The renewal fee is as follows:
(1) For a license as a private patrol operator, the fee may not
exceed seven hundred dollars ($700).
(2) For a combination license as a private investigator under
Chapter 11.3 (commencing with Section 7512) and private patrol
operator, AC or DC prefix, the fee may not exceed six hundred dollars
($600).
(3) For a branch office certificate for a combination private
investigator under Chapter 11.3 (commencing with Section 7512) and
private patrol operator, the fee may not exceed forty dollars ($40),
and for a private patrol operator, the fee may not exceed
seventy-five dollars ($75).
(e) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration.
(f) A reinstatement fee is equal to the amount of the renewal fee
plus the regular delinquency fee.
(g) The fee for reexamination of an applicant or his or her
manager shall be the actual cost to the bureau for developing,
purchasing, grading, and administering each examination.
(h) Registration fees pursuant to this chapter are as follows:
(1) A registration fee for a security guard shall be fifty
dollars ($50).
(2) A security guard registration renewal fee shall be
thirty-five dollars ($35).
(i) Fees to carry out other provisions of this chapter are as
follows:
(1) A firearms qualification fee may not exceed eighty dollars
($80).
(2) A firearms requalification fee may not exceed sixty dollars
($60).
(3) An initial baton certification fee may not exceed fifty
dollars ($50).
(4) An application fee and renewal fee for certification as a
firearms training facility or a baton training facility may not
exceed five hundred dollars ($500).
(5) An application fee and renewal fee for certification as a
firearms training instructor or a baton training instructor may not
exceed two hundred fifty dollars ($250).
SEC. 9. Section 7588.5 is added to the Business and Professions
Code, to read:
7588.5. Notwithstanding any other provision of law, the Director
of Consumer Affairs is authorized to temporarily reduce fees required
by either paragraph (1) or (2) of subdivision (h) of Section 7588,
or both, upon receipt of federal funds by the Department of Consumer
Affairs for implementation of this act or any enhancement of private
security services in this state, provided that the funds received are
sufficient to justify the reduction.
SEC. 10. (a) Section 1.3 of this bill incorporates amendments to
Section 7583.2 of the Business and Professions Code proposed by both
this bill and AB 248. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2003,
(2) each bill amends Section 7583.2 of the Business and Professions
Code, and (3) SB 1241 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after AB 248, in which
case Sections 1, 1.5, and 1.7 of this bill shall not become
operative.
(b) Section 1.5 of this bill incorporates amendments to Section
7583.2 of the Business and Professions Code proposed by both this
bill and SB 1241. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2003, (2)
each bill amends Section 7583.2 of the Business and Professions Code,
(3) AB 248 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after SB 1241 in which case Sections 1,
1.3, and 1.7 of this bill shall not become operative.
(c) Section 1.7 of this bill incorporates amendments to Section
7583.2 of the Business and Professions Code proposed by this bill, AB
248, and SB 1241. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2003,
(2) all three bills amend Section 7583.2 of the Business and
Professions Code, and (3) this bill is enacted after AB 248 and SB
1241, in which case Sections 1, 1.3, and 1.5 of this bill shall not
become operative.
SEC. 11. Sections 2.5 and 3.5 of this bill incorporate amendments
to Section 7583.6 of the Business and Professions Code proposed by
both this bill and AB 248. They shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2003, (2) each bill amends Section 7583.6 of the Business and
Professions Code, and (3) this bill is enacted after AB 248, in which
case Sections 2 and 3 of this bill shall not become operative.
SEC. 12. Sections 4.5 and 5.5 of this bill incorporate amendments
to Section 7583.7 of the Business and Professions Code proposed by
both this bill and AB 248. They shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2003, (2) each bill amends Section 7583.7 of the Business and
Professions Code, and (3) this bill is enacted after AB 248, in which
case Sections 4 and 5 of this bill shall not become operative.