Amended in Assembly April 18, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 759


Introduced by Assembly Member Daly

February 21, 2013


An act to amend Sections 7570, 7574.14, 7580.6, 7580.12, 7581, 7581.1, 7581.3, 7582.05, 7582.1,begin insert 7582.11,end insert 7582.13, 7582.2, 7582.20,begin insert 7582.22,end insert 7582.26, 7582.27, 7582.3, 7582.5,begin insert 7582.9,end insert 7583, 7583.1, 7583.2, 7583.21, 7583.38, 7583.39, 7583.42, 7583.46, 7583.6, 7583.7, 7583.9, 7586, 7588, and 7590.3 of, to amend the heading of Article 4 (commencing with Section 7583) of Chapter 11.5 of Division 3 of, and to repeal and add Section 7580.2 of, the Business and Professions Code, to amend Section 53069.8 of the Government Code, to amend Section 512 of the Labor Code, to amend Sections 11105.4 and 22835 of the Penal Code, and to amend Sections 120220.5 and 125220 of the Public Utilities Code, relating to private patrol operators.

LEGISLATIVE COUNSEL’S DIGEST

AB 759, as amended, Daly. Private patrol operators.

Existing law generally regulates private security services, including, among other things, requiring the licensing of private patrol operators, as defined, and imposing various restrictions and obligations on private patrol operators, as specified.

This bill would replace the term private patrol operator with the term private security contractor for these purposes. The bill would make related, conforming changes. The bill would additionally provide that for those purposes, the term “security officer” includes the terms “security guard,” “guard,” “patrolperson,” and “watchman.”

begin insert

Existing law requires the Chief of the Bureau of Security and Investigative Services to issue a license, the form and content of which shall be determined by the chief, as specified, to any private patrol operator licensee, as specified.

end insert
begin insert

This bill would require the bureau to post these licenses on the bureau’s Internet Web site and would provide that the license is effective upon posting on the Internet Web site.

end insert

Existing law requires any advertisement by a private patrol operator to contain specified information, and defines “advertisement” for those purposes.

This bill would include within the definition of “advertisement” for those purposes, an Internet Web site and social media, as defined.

begin insert

Existing law establishes certain criteria to be met in order for a person to become a qualified manager of a private patrol operator.

end insert
begin insert

This bill would add to those criteria the requirements that the person has 2080 hours of experience as a security guard or an equivalent amount of military experience, as specified, is currently registered as a security guard, and has 2080 hours of experience as a manager of a private patrol operator. The bill would provide that a qualified manager may not be employed as a qualified manager by more than 5 corporations or other business entities simultaneously.

end insert

Existing law prohibits a private patrol operator or officer, director, partner, manager, or employee of a private patrol operator from using or wearing a badge, except while engaged in guard or patrol work and while wearing a distinctive uniform, with specified patches.

This bill would provide that the distinctive uniform for those purposes may consist of a military or police style uniform. The bill would also provide that a private security contractor or officer, director, partner, manager, or employee of a private security contractor, who is unarmed, may wear a business suit, blazer, or polo shirt provided that the person also displays a company issued photo identification designating the person’s name, employing company, and employee number, in lieu of specified badge and uniform patch requirements.

begin insert

Existing law provides that the Director of Consumer Affairs may require an applicant for a private patrol operator license, or his or her manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.

end insert
begin insert

This bill would provide that the examination results would be valid for no more than 7 years after expiration of the license, unless reauthorized by the bureau.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 7570 of the Business and Professions
2Code
is amended to read:

3

7570.  

The fees prescribed by this chapter are as follows:

4(a) The application and examination fee for an original license
5may not exceed fifty dollars ($50).

6(b) The application fee for an original branch office certificate
7may not exceed thirty dollars ($30).

8(c) The fee for an original license for a private investigator may
9not exceed one hundred seventy-five dollars ($175).

10(d) The renewal fee is as follows:

11(1) For a license as a private investigator, the fee may not exceed
12one hundred twenty-five dollars ($125).

13(2) For a combination license as a private investigator and
14private security contractor under Chapter 11.5 (commencing with
15Section 7580), AC or DC prefix, the fee may not exceed six
16hundred dollars ($600).

17(3) For a branch office certificate for a private investigator, the
18fee may not exceed thirty dollars ($30), and for a combination
19private investigator and private security contractor under Chapter
2011.5 (commencing with Section 7580), the fee may not exceed
21forty dollars ($40).

22(e) The delinquency fee is 50 percent of the renewal fee in effect
23on the date of expiration.

24(f) A reinstatement fee is equal to the amount of the renewal
25fee plus the regular delinquency fee.

26(g) The fee for reexamination of an applicant or his or her
27manager may not exceed fifteen dollars ($15).

28

SEC. 2.  

Section 7574.14 of the Business and Professions Code
29 is amended to read:

30

7574.14.  

This chapter shall not apply to the following:

31(a) An officer or employee of the United States of America, or
32of this state or a political subdivision thereof, while the officer or
P4    1employee is engaged in the performance of his or her official
2duties, including uniformed peace officers employed part time by
3a public agency pursuant to a written agreement between a chief
4of police or sheriff and the public agency, provided the part-time
5employment does not exceed 50 hours in a calendar month.

6(b) A person engaged exclusively in the business of obtaining
7and furnishing information as to the financial rating of persons.

8(c) A charitable philanthropic society or association incorporated
9under the laws of this state that is organized and duly maintained
10for the public good and not for private profit.

11(d) Patrol special police officers appointed by the police
12commission of a city, county, or city and county under the express
13terms of its charter who also under the express terms of the charter
14(1) are subject to suspension or dismissal after a hearing on charges
15duly filed with the commission after a fair and impartial trial, (2)
16must be not less than 18 years of age nor more than 40 years of
17age, (3) must possess physical qualifications prescribed by the
18commission, and (4) are designated by the police commission as
19the owners of a certain beat or territory as may be fixed from time
20to time by the police commission.

21(e) An attorney at law in performing his or her duties as an
22attorney at law.

23(f) A collection agency or an employee thereof while acting
24within the scope of his or her employment, while making an
25investigation incidental to the business of the agency, including
26an investigation of the location of a debtor or his or her property
27where the contract with an assignor creditor is for the collection
28of claims owed or due or asserted to be owed or due or the
29equivalent thereof.

30(g) Admitted insurers and agents and insurance brokers licensed
31by the state, performing duties in connection with insurance
32transacted by them.

33(h) A bank subject to the jurisdiction of the Commissioner of
34Financial Institutions of the State of California under Division 1
35(commencing with Section 99) of the Financial Code or the
36Comptroller of Currency of the United States.

37(i) A person engaged solely in the business of securing
38information about persons or property from public records.

39(j) A peace officer of this state or a political subdivision thereof
40while the peace officer is employed by a private employer to
P5    1engage in off-duty employment in accordance with Section 1126
2of the Government Code. However, nothing herein shall exempt
3 a peace officer who either contracts for his or her services or the
4services of others as a private security contractor or contracts for
5his or her services as or is employed as an armed private security
6officer. For purposes of this subdivision, “armed security officer”
7means an individual who carries or uses a firearm in the course
8and scope of that contract or employment.

9(k) A retired peace officer of the state or political subdivision
10thereof when the retired peace officer is employed by a private
11employer in employment approved by the chief law enforcement
12officer of the jurisdiction where the employment takes place,
13provided that the retired officer is in a uniform of a public law
14enforcement agency, has registered with the bureau on a form
15approved by the director, and has met any training requirements
16or their equivalent as established for security personnel under
17Section 7583.5. This officer may not carry an unloaded and
18exposed handgun unless he or she is exempted under the provisions
19of Article 2 (commencing with Section 26361) of Chapter 6 of
20Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
21an unloaded firearm that is not a handgun unless he or she is
22exempted under the provisions of Article 2 (commencing with
23Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
24the Penal Code, and may not carry a loaded or concealed firearm
25unless he or she is exempted under the provisions of Sections
2625450 to 25475, inclusive, of the Penal Code or Sections 25900
27to 25910, inclusive, of the Penal Code or has met the requirements
28set forth in subdivision (d) of Section 26030 of the Penal Code.
29However, nothing herein shall exempt the retired peace officer
30who contracts for his or her services or the services of others as a
31private security contractor.

32(l) A licensed insurance adjuster in performing his or her duties
33within the scope of his or her license as an insurance adjuster.

34(m) A savings association subject to the jurisdiction of the
35Commissioner of Financial Institutions or the Office of Thrift
36Supervision.

37(n) A secured creditor engaged in the repossession of the
38creditor’s collateral and a lessor engaged in the repossession of
39leased property in which it claims an interest.

P6    1(o) A peace officer in his or her official police uniform acting
2in accordance with subdivisions (c) and (d) of Section 70 of the
3Penal Code.

4(p) An unarmed, uniformed security person employed
5 exclusively and regularly by a motion picture studio facility
6employer who does not provide contract security services for other
7entities or persons in connection with the affairs of that employer
8only and where there exists an employer-employee relationship if
9that person at no time carries or uses a deadly weapon, as defined
10in subdivision (a), in the performance of his or her duties, which
11may include, but are not limited to, the following business
12purposes:

13(1) The screening and monitoring access of employees of the
14same employer.

15(2) The screening and monitoring access of prearranged and
16preauthorized invited guests.

17(3) The screening and monitoring of vendors and suppliers.

18(4) Patrolling the private property facilities for the safety and
19welfare of all who have been legitimately authorized to have access
20to the facility.

21(q) An armored contract carrier operating armored vehicles
22pursuant to the authority of the Department of the California
23Highway Patrol or the Public Utilities Commission, or an armored
24vehicle guard employed by an armored contract carrier.

25

SEC. 3.  

Section 7580.2 of the Business and Professions Code
26 is repealed.

27

SEC. 4.  

Section 7580.2 is added to the Business and Professions
28Code
, to read:

29

7580.2.  

As used in this chapter, “security officer” includes the
30terms “security guard,” “patrolperson,” “watchman,” and “guard.”

31

SEC. 5.  

Section 7580.6 of the Business and Professions Code
32 is amended to read:

33

7580.6.  

As used in this chapter, “licensee” means a person
34licensed under this chapter and includes, but is not limited to,
35private security contractor and armored contract carrier.

36

SEC. 6.  

Section 7580.12 of the Business and Professions Code
37 is amended to read:

38

7580.12.  

(a) The director shall administer and enforce the
39provisions of this chapter.

P7    1(b) Every power and duty granted to or imposed upon the
2director may be exercised by any other officer or employee of the
3Department of Consumer Affairs authorized by the director, but
4the director shall have the supervision of and the responsibility for
5all powers and duties exercised by these officers and employees.

6

SEC. 7.  

Section 7581 of the Business and Professions Code is
7amended to read:

8

7581.  

The director may adopt and enforce reasonable rules, as
9follows:

10(a) Classifying licensees according to the type of business
11regulated by this chapter in which they are engaged, including,
12but not limited to, persons employed by any lawful business as
13security guards or patrolpersons, and armored contract carriersbegin insert,end insert
14 and limiting the field and scope of the operations of a licensee to
15those in which he or she is classified and qualified to engage.

16(b) Fixing the qualifications of licensees and managers, in
17addition to those prescribed in this chapter, necessary to promote
18and protect the public welfare.

19(c) Carrying out generally the provisions of this chapter,
20 including regulation of the conduct of licensees.

21(d) Establishing the qualifications that any person employed by
22a private security contractor or any lawful business as a security
23guard or patrolperson, or employed by an armored contract carrier,
24must meet as a condition of becoming eligible to carry firearms
25pursuant to Section 26030 of the Penal Code.

26(e) Requiring each uniformed employee of a private security
27contractor and each armored vehicle guard, as defined in this
28chapter, and any other person employed and compensated by a
29private security contractor or any lawful business as a security
30guard or patrolperson and who in the course of this employment
31carries a deadly weapon to be registered with the bureau upon
32application on a form prescribed by the director accompanied by
33the registration fee and by two classifiable sets of fingerprints of
34the applicant or its equivalent as determined by the director and
35approved by the Department of Justice, establishing the term of
36the registration for a period of not less than two nor more than four
37years, and providing for the renewal thereof upon proper
38application and payment of the renewal fee. The director may,
39after opportunity for a hearing, refuse this registration to any person
40who lacks good moral character, and may impose reasonable
P8    1additional requirements as are necessary to meet local needs that
2are not inconsistent with the provisions of this chapter.

3(f) Establishing procedures whereby the local authorities of any
4city, county, or city and county may file charges with, or any
5person in this statebegin delete,end delete may file a complaint withbegin insert,end insert the director alleging
6that any licensed private security contractor, registered security
7guard, or patrolperson, or anyone who is an applicant for
8registration or licensure with the bureau, fails to meet standards
9for registration or licensure, or violates any provision of this
10chapter, and providing further for the investigation of the charges
11and a response to the charging or complaining party in the manner
12described in subdivision (b) of Section 129.

13(g) Requiring private security contractors and any lawful
14business to maintain detailed records identifying all firearms in
15their possession or under their control, and the employees or
16persons authorized to carry or have access to those firearms.

17

SEC. 8.  

Section 7581.1 of the Business and Professions Code
18 is amended to read:

19

7581.1.  

The Governor shall appoint two private security
20disciplinary review committees, and may remove any member of
21a disciplinary review committee for misconduct, incompetency,
22or neglect of duty. One committee shall meet in the southern
23portion of the state and the other committee shall meet in the
24northern portion of the state.

25Each disciplinary review committee shall consist of five
26members. Of the five members, one member shall be actively
27engaged in the business of a licensed private security contractor,
28one member shall be actively engaged in the business of a firearm
29training facility, one member shall be actively engaged in the
30business of a registered security guard, and two members shall be
31public members. None of the public members shall be licensees
32or registrants or engaged in any business or profession in which
33any part of the fees, compensation, or revenue thereof, is derived
34from any licensee.

35Each committee shall meet every 60 days or more or less
36frequently as may be required. The members shall be paid per diem
37pursuant to Section 103 and shall be reimbursed for actual travel
38expenses. The members shall be appointed for a term of four years.

39

SEC. 9.  

Section 7581.3 of the Business and Professions Code
40 is amended to read:

P9    1

7581.3.  

A private security contractor, qualified manager of a
2private security contractor, security guard, firearm qualification
3cardholder, firearm training facility, firearm training instructor,
4baton training facility, or baton training instructor may request a
5review by a disciplinary review committee to contest the
6assessment of an administrative fine or to appeal a denial,
7revocation, or suspension of a license, certificate, or registration
8unless the denial, revocation, or suspension is ordered by the
9director in accordance with Chapter 5 (commencing with Section
1011500) of Part 1 of Division 3 of Title 2 of the Government Code.

11A request for a review shall be by written notice to the bureau
12within 30 days of the issuance of the citation and assessment,
13denial, revocation, or suspension.

14Following a review by a disciplinary review committee, the
15appellant shall be notified within 30 days, in writing, by regular
16mail, of the committee’s decision.

17If the appellant disagrees with the decision made by a
18disciplinary review committee, he or she may request a hearing in
19accordance with Chapter 5 (commencing with Section 11500) of
20Part 1 of Division 3 of Title 2 of the Government Code. A request
21for a hearing following a decision by a disciplinary review
22committee shall be by written notice to the bureau within 30 days
23following notice of the committee’s decision.

24If the appellant does not request a hearing within 30 days, the
25review committee’s decision shall become final.

26

SEC. 10.  

Section 7582.05 of the Business and Professions
27Code
is amended to read:

28

7582.05.  

(a) Notwithstanding any other provision of law, any
29person engaging in a business as a private security contractor who
30violates Section 7582 is guilty of an infraction subject to the
31procedures described in Sections 19.6 and 19.7 of the Penal Code
32under either of the following circumstances:

33(1) A complaint or a written notice to appear in court pursuant
34to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
352 of the Penal Code is filed in court charging the offense as an
36infraction unless the defendant, at the time he or she is arraigned,
37after being advised of his or her rights, elects to have the case
38proceed as a misdemeanor.

39(2) The court, with the consent of the defendant and the
40prosecution, determines that the offense is an infraction in which
P10   1event the case shall proceed as if the defendant has been arraigned
2on an infraction complaint.

3(b) This section does not apply to a violation of Section 7582
4if the defendant has had his or her license previously revoked or
5suspended.

6(c) Notwithstanding any other provision of law, a violation of
7Section 7582, which is an infraction, is punishable by a fine of one
8thousand dollars ($1,000). No portion of the fine may be suspended
9by the court unless as a condition of that suspension the defendant
10is required to submit proof of a current valid license for the
11profession of private security contractor which was the basis for
12his or her conviction.

13

SEC. 11.  

Section 7582.1 of the Business and Professions Code
14 is amended to read:

15

7582.1.  

(a) A private security contractor, or operator of a
16private patrol service, within the meaning of this chapter is a
17person, other than an armored contract carrier, who, for any
18consideration whatsoever:

19Agrees to furnish, or furnishes, a watchman, guard, patrolperson,
20or other person to protect persons or property or to prevent the
21theft, unlawful taking, loss, embezzlement, misappropriation, or
22concealment of any goods, wares, merchandise, money, bonds,
23stocks, notes, documents, papers, or property of any kind; or
24performs the service of a watchman, guard, patrolperson, or other
25person, for any of these purposes.

26(b) A person licensed as a private security contractor only may
27not make any investigation or investigations except those that are
28incidental to the theft, loss, embezzlement, misappropriation, or
29concealment of any property, or any other thing enumerated in
30this section, which he or she has been hired or engaged to protect,
31guard, or watch.

32(c) An armored contract carrier within the meaning of this
33chapter is a contract carrier operating armored vehicles pursuant
34to California Highway Patrol and Public Utilities Commission
35authority.

36(d) An armored vehicle guard within the meaning of this chapter
37is any person employed by an armored contract carrier who in the
38course of that employment carries a deadly weapon.

39(e) A security guard or security officer, within the meaning of
40this chapter, is an employee of a private security contractor, or an
P11   1employee of a lawful business or public agency who is not
2exempted pursuant to Section 7582.2, who performs the functions
3as described in subdivision (a) on or about the premises owned or
4controlled by the customer of the private security contractor or by
5the guard’s employer or in the company of persons being protected.

6(f) A street patrolperson, within the meaning of this chapter, is
7a security guard or security officer employed by a private security
8contractor who performs the functions described in subdivision
9(a) by street patrol service utilizing foot patrol, motor patrol, or
10other means of transportation in public areas, streets or public
11thoroughfares in order to serve multiple customers. “Street
12patrolperson” does not include management or supervisory
13employees of the private security contractor moving from one
14customer location to another to inspect personnel or securitybegin delete guardend delete
15begin insert guardsend insert or security officers.

16begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 7582.11 of the end insertbegin insertBusiness and Professions Codeend insert
17begin insert is amended to read:end insert

18

7582.11.  

The chief shall issue a license, the form and content
19of which shall be determined by the chief in accordance with
20Section 164. In addition, the chief shall issue a “Certificate of
21Licensure” to any licensee, upon request and upon the payment of
22a fee of fifty dollars ($50).begin insert The license shall also be posted on the
23bureau’s Internet Web site and shall be effective upon posting on
24the Internet Webend insert
begin insert site.end insert

25

begin deleteSEC. 12.end delete
26begin insertSEC. 13.end insert  

Section 7582.13 of the Business and Professions Code
27 is amended to read:

28

7582.13.  

Upon the issuance of a license, a pocket card of the
29size, design, and content determined by the director shall be issued
30to each licensee, if an individual, orbegin insert,end insert if the licensee is a person
31other than an individual, to its managerbegin insert,end insert and to each of its officers
32and partners. The pocket card is evidence that the licensee is
33licensed pursuant to this chapter. The card shall contain the
34signature of the licensee, signature of the chief, and a photograph
35of the licensee, or bearer of the card, if the licensee is other than
36an individual. The card shall clearly state that the person is licensed
37as a private security contractor or is the manager or officer of the
38licensee. The applicant may request to be issued an enhanced
39pocket card that shall be composed of a durable material and may
40incorporate technologically advanced security features. The bureau
P12   1may charge a fee sufficient to reimburse the department’s costs
2for furnishing the enhanced pocket card. The fee charged may not
3exceed the actual costs for system development, maintenance, and
4processing necessary to provide this service, and may not exceed
5six dollars ($6). If the applicant does not request an enhanced card,
6the department shall issue a standard card at no cost. When a person
7to whom a card is issued terminates his or her position, office, or
8association with the licensee, the card shall be surrendered to the
9licensee and within five days thereafter shall be mailed or delivered
10by the licensee to the bureau for cancellation. Every person, while
11engaged in any activity for which registration is required, shall
12display their valid pocket card as provided by regulation.

13

begin deleteSEC. 13.end delete
14begin insertSEC. 14.end insert  

Section 7582.2 of the Business and Professions Code
15 is amended to read:

16

7582.2.  

This chapter does not apply to the following:

17(a) A person who does not meet the requirements to be a
18proprietary private security officer, as defined in Section 7574.01,
19and is employed exclusively and regularly by an employer who
20does not provide contract security services for other entities or
21persons, in connection with the affairs of the employer only and
22where there exists an employer-employee relationship if that person
23at no time carries or uses a deadly weapon in the performance of
24his or her duties. For purposes of this subdivision, “deadly weapon”
25is defined to include an instrument or weapon of the kind
26commonly known as a blackjack, slungshot, billy, sandclub,
27sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any
28other firearm, a knife having a blade longer than five inches, a
29razor with an unguarded blade, and a metal pipe or bar used or
30intended to be used as a club.

31(b) An officer or employee of the United States of America, or
32of this state or a political subdivision thereof, while the officer or
33employee is engaged in the performance of his or her official
34duties, including uniformed peace officers employed part time by
35a public agency pursuant to a written agreement between a chief
36of police or sheriff and the public agency, provided the part-time
37employment does not exceed 50 hours in any calendar month.

38(c) A person engaged exclusively in the business of obtaining
39and furnishing information as to the financial rating of persons.

P13   1(d) A charitable philanthropic society or association duly
2incorporated under the laws of this state that is organized and
3maintained for the public good and not for private profit.

4(e) Patrol special police officers appointed by the police
5commission of a city, county, or city and county under the express
6terms of its charter who also under the express terms of the charter
7(1) are subject to suspension or dismissal after a hearing on charges
8duly filed with the commission after a fair and impartial trial, (2)
9must be not less than 18 years of age nor more than 40 years of
10age, (3) must possess physical qualifications prescribed by the
11commission, and (4) are designated by the police commission as
12the owners of a certain beat or territory as may be fixed from time
13to time by the police commission.

14(f) An attorney at law in performing his or her duties as an
15attorney at law.

16(g) A collection agency or an employee thereof while acting
17within the scope of his or her employment, while making an
18investigation incidental to the business of the agency, including
19an investigation of the location of a debtor or his or her property
20where the contract with an assignor creditor is for the collection
21of claims owed or due or asserted to be owed or due or the
22equivalent thereof.

23(h) Admitted insurers and agents and insurance brokers licensed
24by the state, performing duties in connection with insurance
25transacted by them.

26(i) A bank subject to the jurisdiction of the Commissioner of
27Financial Institutions of the State of California under Division 1
28(commencing with Section 99) of the Financial Code or the
29Comptroller of the Currency of the United States.

30(j) A person engaged solely in the business of securing
31information about persons or property from public records.

32(k) A peace officer of this state or a political subdivision thereof
33while the peace officer is employed by a private employer to
34engage in off-duty employment in accordance with Section 1126
35of the Government Code. However, nothing herein shall exempt
36a peace officer who either contracts for his or her services or the
37services of others as a private security contractor or contracts for
38his or her services as or is employed as an armed private security
39officer. For purposes of this subdivision, “armed security officer”
P14   1means an individual who carries or uses a firearm in the course
2and scope of that contract or employment.

3(l) A retired peace officer of the state or political subdivision
4thereof when the retired peace officer is employed by a private
5employer in employment approved by the chief law enforcement
6officer of the jurisdiction where the employment takes place,
7provided that the retired officer is in a uniform of a public law
8enforcement agency, has registered with the bureau on a form
9approved by the director, and has met any training requirements
10or their equivalent as established for security personnel under
11Section 7583.5. This officer may not carry an unloaded and
12exposed handgun unless he or she is exempted under the provisions
13of Article 2 (commencing with Section 26361) of Chapter 6 of
14Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
15an unloaded firearm that is not a handgun unless he or she is
16exempted under the provisions of Article 2 (commencing with
17Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
18the Penal Code, and may not carry a loaded or concealed firearm
19unless he or she is exempted under the provisions of Article 2
20(commencing with Section 25450) of Chapter 2 of Division 5 of
21Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910,
22inclusive, of the Penal Code or has met the requirements set forth
23in subdivision (d) of Section 26030 of the Penal Code. However,
24nothing herein shall exempt the retired peace officer who contracts
25for his or her services or the services of others as a private security
26contractor.

27(m) A licensed insurance adjuster in performing his or her duties
28within the scope of his or her license as an insurance adjuster.

29(n) A savings association subject to the jurisdiction of the
30Commissioner of Financial Institutions or the Office of Thrift
31Supervision.

32(o) A secured creditor engaged in the repossession of the
33creditor’s collateral and a lessor engaged in the repossession of
34leased property in which it claims an interest.

35(p) A peace officer in his or her official police uniform acting
36in accordance with subdivisions (c) and (d) of Section 70 of the
37Penal Code.

38(q) An unarmed, uniformed security person employed
39exclusively and regularly by a motion picture studio facility
40employer who does not provide contract security services for other
P15   1entities or persons in connection with the affairs of that employer
2only and where there exists an employer-employee relationship if
3that person at no time carries or uses a deadly weapon, as defined
4in subdivision (a), in the performance of his or her duties, which
5may include, but are not limited to, the following business
6purposes:

7(1) The screening and monitoring access of employees of the
8same employer.

9(2) The screening and monitoring access of prearranged and
10preauthorized invited guests.

11(3) The screening and monitoring of vendors and suppliers.

12(4) Patrolling the private property facilities for the safety and
13welfare of all who have been legitimately authorized to have access
14to the facility.

15(r) The changes made to this section by the act adding this
16subdivision during the 2005-06 Regular Session of the Legislature
17shall apply as follows:

18(1) On and after July 1, 2006, to a person hired as a security
19officer on and after January 1, 2006.

20(2) On and after January 1, 2007, to a person hired as a security
21officer before January 1, 2006.

22

begin deleteSEC. 14.end delete
23begin insertSEC. 15.end insert  

Section 7582.20 of the Business and Professions Code
24 is amended to read:

25

7582.20.  

(a) (1) Every advertisement by a licensee soliciting
26or advertising business shall contain his or her name, address, and
27license number as they appear in the records of the bureau. For
28the purpose of this section, “advertisement” includes any business
29card, stationery, brochure, flyer, circular, newsletter, fax form,
30printed or published paid advertisement in any media form,
31telephone book listing, Internet Web site, or social media. Every
32advertisement by a licensee soliciting or advertising the licensee’s
33business shall contain his or her business name, business address
34or business telephone number, and license number, as they appear
35in the records of the bureau.

36(2) For purposes of this subdivision, “social media” means an
37electronic service or account, or electronic content, including, but
38not limited to, videos, still photographs, blogs, video blogs,
39podcasts, instant and text messages, e-mail, online services or
40accounts, or Internet Web site profiles or locations.

P16   1(b) The director may assess a fine of two hundred fifty dollars
2($250) per violation of subdivision (a).

3begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 7582.22 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended to read:end insert

5

7582.22.  

(a) The business of each licensee shall be operated
6under the active direction, control, charge, or management, in this
7state, of the licensee, if he or she is qualified, or the person who
8is qualified to act as the licensee’s manager, if the licensee is not
9qualified. Any licensee conducting business in this state whose
10primary office is located outside of this state shall do both of the
11following:

12(1) Maintain an office in this state operated under the active
13direction, control, charge, or management of a qualified manager.

14(2) Maintain at the office in this state all records required under
15this chapter and under rules adopted by the bureau.

16(b) No person shall act as a qualified manager of a licensee until
17he or she has complied with each of the following:

18(1) Demonstrated his or her qualifications by a written or oral
19examination, or a combination of both, if required by the director.

20(2) Made a satisfactory showing to the director that he or she
21has the qualifications prescribed in Section 7582.8 and that none
22of the facts stated in Section 7582.24 or 7582.25 exist as to him
23or her.

begin insert

24(3) Has 2080 hours of experience as a security guard. An
25equivalent amount of military experience may be substituted for
26this requirement.

end insert
begin insert

27(4) Is currently registered as a security guard.

end insert
begin insert

28(5) Has 2080 hours of experience as a manager of a security
29contractor.

end insert
begin insert

30(c) A qualified manager may not be employed as a qualified
31manager by more than five corporations or other business entities
32simultaneously.

end insert
33

begin deleteSEC. 15.end delete
34begin insertSEC. 17.end insert  

Section 7582.26 of the Business and Professions Code
35 is amended to read:

36

7582.26.  

(a) Any licensee or officer, director, partner, or
37manager of a licensee may divulge to any law enforcement officer
38or district attorney, or his or her representative, any information
39he or she may acquire as to any criminal offense, but he or she
40shall not divulge to any other person, except as he or she may be
P17   1required by law so to do, any information acquired by him or her
2except at the direction of the employer or client for whom the
3information was obtained.

4(b) No licensee or officer, director, partner, manager, or
5employee of a licensee shall knowingly make any false report to
6his or her employer or client for whom information was being
7obtained.

8(c) No written report shall be submitted to a client except by
9the licensee, qualifying manager, or a person authorized by one
10or either of them, and the person submitting the report shall
11exercise diligence in ascertaining whether or not the facts and
12information in the report are true and correct.

13(d) No licensee, or officer, director, partner, manager, or
14employee of a licensee, shall use a title, or wear a uniform, or use
15an insignia, or use an identification card, or make any statement
16with the intent to give an impression that he or she is connected
17in any way with the federal government, a state government, or
18any political subdivision of a state government.

19(e) No licensee, or officer, director, partner, manager, or
20employee of a licensee, shall enter any private building or portion
21thereof, except premises commonly accessible to the public,
22without the consent of the owner or of the person in legal
23possession thereof.

24(f) (1) No private security contractor or officer, director, partner,
25manager, or employee of a private patrol licensee shall use or wear
26a badge, except while engaged in guard or patrol work and while
27wearing a distinctive uniform. A uniform may include military or
28police styles. A private security contractor or officer, director,
29partner, manager, or employee of a private security contractor
30wearing a distinctive uniform shall wear a patch on each shoulder
31of his or her uniform that reads “private security” and that includes
32the name of the private security contractor by which the person is
33employed or for which the person is a representative and a badge
34or cloth patch on the upper left breast of the uniform. All patches
35and badges worn on a distinctive uniform shall be of a standard
36design approved by the director and shall be clearly visible. A
37private security contractor or officer, director, partner, manager,
38or employee of a private security contractor, who is unarmed, may
39wear a business suit, blazer, or polo shirt provided that the person
40also displays a company issued photo identification designating
P18   1the person’s name, employing company, and employee number,
2which may be used in lieu of the other badge and patch
3requirements.

4(2) The director may assess a fine of two hundred fifty dollars
5($250) per violation of this subdivision.

6(g) No licensee shall permit an employee or agent in his or her
7own name to advertise, engage clients, furnish reports or present
8bills to clients, or in any manner whatever conduct business for
9which a license is required under this chapter. All business of the
10licensee shall be conducted in the name of and under the control
11of the licensee.

12(h) No licensee shall use a fictitious name in connection with
13the official activities of the licensee’s business.

14(i) No private security contractor or officer, director, partner,
15or manager of a private security contractor, or person required to
16be registered as a security guard pursuant to this chapter shall use
17or wear a baton or exposed firearm as authorized by this chapter
18unless he or she is wearing a uniform which complies with the
19requirements of Section 7582.27.

20

begin deleteSEC. 16.end delete
21begin insertSEC. 18.end insert  

Section 7582.27 of the Business and Professions Code
22 is amended to read:

23

7582.27.  

(a) Any person referred to in subdivision (i) of
24Section 7582.26 who uses or wears a baton or exposed firearm as
25authorized pursuant to this chapter shall wear a patch on each arm
26that reads “private security” and that includes the name of the
27company by which the person is employed or for which the person
28is a representative. The patch shall be clearly visible at all times.
29The patches of a private security contractor, or his or her employees
30or representatives shall be of a standard design approved by the
31director.

32(b) The director may assess a fine of two hundred fifty dollars
33($250) per violation of subdivision (a).

34

begin deleteSEC. 17.end delete
35begin insertSEC. 19.end insert  

Section 7582.3 of the Business and Professions Code
36 is amended to read:

37

7582.3.  

(a) Unless specifically exempted by Section 7582.2,
38no person shall engage in the business of private security
39contractor, as defined in Section 7582.1, unless that person has
P19   1applied for and received a license to engage in that business
2pursuant to this chapter.

3(b) Any person who violates any provision of this chapter or
4who conspires with another person to violate any provision of this
5chapter relating to private security contractor licensure, or who
6knowingly engages a nonexempt unlicensed person is guilty of a
7misdemeanor punishable by a fine of five thousand dollars ($5,000)
8or by imprisonment in the county jail not to exceed one year, or
9by both that fine and imprisonment.

10(c) A proceeding to impose the fine specified in subdivision (b)
11may be brought in any court of competent jurisdiction in the name
12of the people of the State of California by the Attorney General
13or by any district attorney or city attorney, or with the consent of
14the district attorney, the city prosecutor in any city or city and
15county having a full-time city prosecutor for the jurisdiction in
16which the violation occurred. If the action is brought by the district
17attorney, the penalty collected shall be paid to the treasurer of the
18county in which the judgment is entered. If the action is brought
19by a city attorney or city prosecutor, one-half of the penalty
20collected shall be paid to the treasurer of the city in which the
21judgment was entered and one-half to the treasurer of the county
22in which the judgment was entered. If the action is brought by the
23Attorney General, all of the penalty collected shall be deposited
24in the Private Security Services Fund.

25(d) Any person who: (1) acts as or represents himself or herself
26to be a private security contractor under this chapter when that
27person is not a licensee under this chapter; (2) falsely represents
28that he or she is employed by a licensee under this chapter when
29that person is not employed by a licensee under this chapter; (3)
30carries a badge, identification card, or business card, indicating
31that he or she is a licensee under this chapter when that person is
32not a licensee under this chapter; (4) uses a letterhead or other
33written or electronically generated materials indicating that he or
34she is a licensee under this chapter when that person is not a
35licensee under this chapter; or (5) advertises that he or she is a
36licensee under this chapter when that person is not a licensee, is
37guilty of a misdemeanor that is punishable by a fine of ten thousand
38dollars ($10,000) or by imprisonment in a county jail for not more
39than one year, or by both that fine and imprisonment.

P20   1(e) A proceeding to impose the fine specified in subdivision (d)
2may be brought in any court of competent jurisdiction in the name
3of the people of the State of California by the Attorney General
4or by any district attorney or city attorney, or with the consent of
5the district attorney, the city prosecutor in any city or city and
6county having a full-time city prosecutor for the jurisdiction in
7which the violation occurred. If the action is brought by the district
8attorney, the penalty collected shall be paid to the treasurer of the
9county in which the judgment is entered. If the action is brought
10by a city attorney or city prosecutor, one-half of the penalty
11collected shall be paid to the treasurer of the city in which the
12judgment was entered and one-half to the treasurer of the county
13in which the judgment was entered. If the action is brought by the
14Attorney General, all of the penalty collected shall be deposited
15in the Private Security Services Fund.

16(f) Any person who is convicted of a violation of the provisions
17of this section shall not be issued a license under this chapter,
18within one year following that conviction.

19(g) Any person who is convicted of a violation of subdivision
20(a), (b), or (d) shall not be issued a license for a period of one year
21following a first conviction and shall not be issued a license for a
22period of five years following a second or subsequent conviction
23of subdivision (a), (b), or (d), or any combination of subdivision
24(a), (b), or (d).

25(h) The chief shall gather evidence of violations of this chapter
26and of any rule or regulation established pursuant to this chapter
27by persons engaged in the business of private security contractor
28who fail to obtain licenses and shall gather evidence of violations
29and furnish that evidence to prosecuting officers of any county or
30city for the purpose of prosecuting all violations occurring within
31their jurisdiction.

32(i) The prosecuting officer of any county or city shall prosecute
33all violations of this chapter occurring within his or her jurisdiction.

34

begin deleteSEC. 18.end delete
35begin insertSEC. 20.end insert  

Section 7582.5 of the Business and Professions Code
36 is amended to read:

37

7582.5.  

(a) The provisions of this chapter shall not prevent
38the local authorities of any city, county, or city and county, by
39ordinance and within the exercise of the police power of the city,
40county, or city and county from imposing local regulations upon
P21   1any street patrol service or street patrol special officers requiring
2registration with an agency to be designated by the city, county,
3or city and county, including in the registration full information
4as to the identification and employment and subject to the right of
5the city, county, or city and county to allocate certain portions of
6the territory in the city, county, or city and county within which
7the activities of any street patrol service or person shall be confined.
8Any city, county, or city and county may refuse registration to any
9person of bad moral character and may impose reasonable
10additional requirements as are necessary to meet local needs and
11are not inconsistent with the provisions of this chapter.

12(b) The provisions of this chapter shall not prevent the local
13authorities of any city, county, or city and county, by ordinance
14and within the exercise of the police power of the city, county, or
15city and county from imposing local regulations upon any
16employees of a private security contractor who are unable to furnish
17evidence of current registration pursuant to subdivision (f) of
18Section 7581.

19(c) The provisions of this chapter shall not prevent the local
20authorities of any city, county, or city and county, by ordinance
21and within the exercise of the police power of the city, county, or
22city and county from requiring private security contractors and
23their employees to register their name and file a copy of their state
24identification card with the city, county, or city and county. No
25fee may be charged and no application may be required by the
26city, county, or city and county for this registration.

27(d) The provisions of this chapter shall not prevent the local
28authorities in any city, county, or city and county, by ordinance
29and within the exercise of the police power of the city, county, or
30city and county from imposing reasonable additional requirements
31necessary to regulate and control protection dogs according to their
32 local needs and not inconsistent with the provisions of this chapter.

33begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 7582.9 of the end insertbegin insertBusiness and Professions Codeend insert
34begin insert is amended to read:end insert

35

7582.9.  

The director may require an applicant or his or her
36manager, to demonstrate his or her qualifications by a written or
37oral examination, or a combination of both.begin insert The examination results
38shall be valid for no more than seven years after expiration of the
39license, unless reauthorized by the bureau.end insert

P22   1

begin deleteSEC. 19.end delete
2begin insertSEC. 22.end insert  

The heading of Article 4 (commencing with Section
37583) of Chapter 11.5 of Division 3 of the Business and Professions
4Code
is amended to read:

5 

6Article 4.  Private Security Contractors
7

 

8

begin deleteSEC. 20.end delete
9begin insertSEC. 23.end insert  

Section 7583 of the Business and Professions Code
10 is amended to read:

11

7583.  

For purposes of this article, “licensee” means a licensed
12private security contractor.

13

begin deleteSEC. 21.end delete
14begin insertSEC. 24.end insert  

Section 7583.1 of the Business and Professions Code
15 is amended to read:

16

7583.1.  

(a) An applicant, or his or her manager, for a license
17as a private security contractor shall have had at least one year of
18experience as a patrolperson, guardbegin insert,end insert or watchman, or the equivalent
19thereof as determined by the director. An applicant shall
20substantiate the claimed year of qualifying experience and the
21exact details as to the character and nature thereof by written
22certifications from the employer, subject to independent verification
23by the chief as he or she may determine. In the event of inability
24of an applicant to supply the written certifications from the
25employer in whole or in part, applicants may offer other written
26certifications from other than employers substantiating employment
27for consideration by the chief.

28(b) An individual who, upon the determination of the chief, has
29served in the armed services and possesses the proper skills may
30be eligible to take the private security contractor licensing
31examination. In that case the chief may waive any other required
32training courses, as he or she determines. However, if the applicant
33fails the licensing examination, the chief may not thereafter waive
34completion of any required training courses.

35

begin deleteSEC. 22.end delete
36begin insertSEC. 25.end insert  

Section 7583.2 of the Business and Professions Code
37 is amended to read:

38

7583.2.  

No person licensed as a security contractor operator
39shall do any of the following:

P23   1(a) Fail to properly maintain an accurate and current record of
2all firearms or other deadly weapons that are in the possession of
3the licensee or of any employee while on duty. Within seven days
4after a licensee or his or her employees discover that a deadly
5weapon that has been recorded as being in his or her possession
6has been misplaced, lost, stolen, or is in any other way missing,
7the licensee or his or her manager shall mail or deliver to any local
8law enforcement agency that has jurisdiction, a written report
9concerning the incident. The report shall describe fully the
10 circumstances surrounding the incident, any injuries or damages
11incurred, the identity of all participants, and whether a police
12investigation was conducted.

13(b) Fail to properly maintain an accurate and current record of
14the name, address, commencing date of employment, and position
15of each employee, and the date of termination of employment when
16an employee is terminated.

17(c) Fail to properly maintain an accurate and current record of
18proof of completion by each employee of the licensee of the course
19of training in the exercise of the power to arrest as required by
20Section 7583.5, the security officer skills training required by
21subdivision (b) of Section 7583.6, and the annual practice and
22review required by subdivision (f) of Section 7583.6.

23(d) Fail to certify an employee’s completion of the course of
24training in the exercise of the power to arrest prior to placing the
25employee at a duty station.

26(e) Fail to certify proof of current and valid registration for each
27employee who is subject to registration.

28(f) Permit any employee to carry a firearm or other deadly
29weapon without first ascertaining that the employee is proficient
30in the use of each weapon to be carried. With respect to firearms,
31evidence of proficiency shall include a certificate from a firearm
32training facility approved by the director certifying that the
33employee is proficient in the use of that specified caliber of firearm
34and a current and valid firearm qualification permit issued by the
35department. With respect to other deadly weapons, evidence of
36proficiency shall include a certificate from a training facility
37approved by the director certifying that the employee is proficient
38in the use of that particular deadly weapon.

39(g) Fail to deliver to the director a written report describing fully
40the circumstances surrounding the discharge of any firearm, or
P24   1physical altercation with a member of the public while on duty,
2by a licensee or any officer, partner, or employee of a licensee
3while acting within the course and scope of his or her employment
4within seven days after the incident. For the purposes of this
5subdivision, a report shall be required only for physical altercations
6that result in any of the following: (1) the arrest of a security guard,
7(2) the filing of a police report by a member of the public, (3)
8injury on the part of a member of the public that requires medical
9attention, or (4) the discharge, suspension, or reprimand of a
10security guard by his or her employer. The report shall include,
11but not be limited to, a description of any injuries or damages
12incurred, the identity of all participants, and whether a police
13investigation was conducted. Any report may be investigated by
14the director to determine if any disciplinary action is necessary.

15(h) Fail to notify the bureau in writing and within 30 days that
16a manager previously qualified pursuant to this chapter is no longer
17connected with the licensee.

18(i) Fail to administer to each registered employee of the licensee,
19the review or practice training required by subdivision (f) of
20Section 7583.6.

21

begin deleteSEC. 23.end delete
22begin insertSEC. 26.end insert  

Section 7583.21 of the Business and Professions Code
23 is amended to read:

24

7583.21.  

The registration of a security guard shall be
25automatically suspended if the guard is convicted of any crime
26which is substantially related to the functions, duties, and
27responsibilities of a security guard. The automatic suspension shall
28be effectuated by the mailing of a notice of conviction and
29suspension of license to be sent by the bureau to the registered
30guard at his or her address of record. A copy of the notice shall be
31sent to the private security contractor employing the guard with
32notice that the employer shall suspend any and all employment of
33the guard forthwith. The notice shall contain a statement of
34preliminary determination by the director or his or her designee
35that the crime stated is reasonably related to the functions, duties,
36and responsibilities of a security guard. Upon proper request by
37the guard, a hearing shall be convened within 60 days of the
38request, before the private security disciplinary review committee,
39as specified in Section 7581.3, for a determination as to whether
P25   1the automatic suspension shall be made permanent or whether the
2registration shall be revoked or the guard otherwise disciplined.

3In enacting this provision, the Legislature finds and declares that
4registered guards convicted of the commission of crimes reasonably
5related to the functions, duties, and responsibilities of a security
6guard shall be subject to automatic suspension of their license and
7that summary suspension is justified by compelling state interests
8of public safety and security within the meaning of the California
9Supreme Court’s decision in Eye Dog Foundation v. State Board
10of Guide Dogs for the Blind, 67 Cal. 2d 536.

11

begin deleteSEC. 24.end delete
12begin insertSEC. 27.end insert  

Section 7583.38 of the Business and Professions Code
13 is amended to read:

14

7583.38.  

A city, county, or city and county may regulate the
15uniforms and insignias worn by uniformed employees of a private
16security contractor and vehicles used by a private security
17contractor to make the uniforms and vehicles clearly
18distinguishable from the uniforms worn by, and the vehicles used
19by, local regular law enforcement officers.

20

begin deleteSEC. 25.end delete
21begin insertSEC. 28.end insert  

Section 7583.39 of the Business and Professions Code
22 is amended to read:

23

7583.39.  

No private security contractor who employs a security
24guard who carries a firearm as part of his or her duties shall engage
25in any of the practices for which he or she is required to be licensed
26by this chapter, unless he or she maintains an insurance policy as
27defined in Section 7583.40.

28

begin deleteSEC. 26.end delete
29begin insertSEC. 29.end insert  

Section 7583.42 of the Business and Professions Code
30 is amended to read:

31

7583.42.  

The failure of a private security contractor to maintain
32an insurance policy as required by this article shall constitute
33grounds for the suspension of the private security contractor’s
34license.

35

begin deleteSEC. 27.end delete
36begin insertSEC. 30.end insert  

Section 7583.46 of the Business and Professions Code
37 is amended to read:

38

7583.46.  

(a) (1) It shall be a violation of Section 1102.5 of
39the Labor Code for a private security contractor to discharge,
40demote, threaten, or in any manner discriminate against an
P26   1employee in the terms and conditions of his or her employment,
2for disclosing information or causing information to be disclosed,
3to a government or law enforcement agency, when the information
4is related to conduct proscribed in this chapter.

5(2) A private security contractor who intentionally violates this
6subdivision shall be liable in an action for damages brought against
7him or her by the injured party.

8(b) A person who believes that he or she has been discharged,
9demoted, threatened, or in any other manner discriminated against
10in the terms and conditions of his or her employment, because that
11person disclosed or caused information to be disclosed to a
12government or law enforcement agency, may bring a claim against
13the private security contractor within three years of the date of the
14discharge, demotion, threat, or discrimination.

15(c) Neither the bureau nor the department is responsible for
16resolving claims under this section.

17

begin deleteSEC. 28.end delete
18begin insertSEC. 31.end insert  

Section 7583.6 of the Business and Professions Code
19 is amended to read:

20

7583.6.  

(a) A person entering the employ of a licensee to
21perform the functions of a security guard or a security patrolperson
22shall complete a course in the exercise of the power to arrest prior
23to being assigned to a duty location.

24(b) Except for a registrant who has completed the course of
25training required by Section 7583.45, a person registered pursuant
26to this chapter shall complete not less than 32 hours of training in
27security officer skills within six months from the date the
28registration card is issued. Sixteen of the 32 hours shall be
29completed within 30 days from the date the registration card is
30issued.

31(c) A course provider shall issue a certificate to a security guard
32upon satisfactory completion of a required course, conducted in
33accordance with the department’s requirements. A private security
34contractor may provide training programs and courses in addition
35to the training required in this section. A registrant who is unable
36to provide his or her employing licensee the certificate of
37satisfactory completion required by this subdivision shall complete
3816 hours of the training required by subdivision (b) within 30 days
39of the date of his employment and shall complete the 16 remaining
40hours within six months of his or her employment date.

P27   1(d) The department shall develop and approve by regulation a
2standard course and curriculum for the skills training required by
3subdivision (b) to promote and protect the safety of persons and
4the security of property. For this purpose, the department shall
5consult with consumers, labor organizations representing private
6security officers, private security contractors, educators, and subject
7matter experts.

8(e) The course of training required by subdivision (b) may be
9administered, tested, and certified by any licensee, or by any
10organization or school approved by the department. The department
11may approve any person or school to teach the course.

12(f) (1) On and after January 1, 2005, a licensee shall annually
13provide each employee registered pursuant to this chapter with
14eight hours of specifically dedicated review or practice of security
15officer skills prescribed in either course required in Section 7583.6
16or 7583.7.

17(2) A licensee shall maintain at the principal place of business
18or branch office a record verifying completion of the review or
19practice training for a period of not less than two years. The records
20shall be available for inspection by the bureau upon request.

21(g) This section does not apply to a peace officer as defined in
22Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
23of the Penal Code who has successfully completed a course of
24study in the exercise of the power to arrest approved by the
25Commission on Peace Officer Standards and Training. This section
26does not apply to armored vehicle guards.

begin delete

27(h) This section shall become operative on July 1, 2004.

end delete
28

begin deleteSEC. 29.end delete
29begin insertSEC. 32.end insert  

Section 7583.7 of the Business and Professions Code
30 is amended to read:

31

7583.7.  

(a) The course of training in the exercise of the power
32to arrest may be administered, tested, and certified by any licensee
33or by any organization or school approved by the department. The
34department may approve any person or school to teach the course
35in the exercise of the power to arrest. The course of training shall
36be approximately eight hours in length and shall cover the
37following topics:

38(1) Responsibilities and ethics in citizen arrest.

39(2) Relationship between a security guard and a peace officer
40in making an arrest.

P28   1(3) Limitations on security guard power to arrest.

2(4) Restrictions on searches and seizures.

3(5) Criminal and civil liabilities.

4(A) Personal liability.

5(B) Employer liability.

6(6) Trespass law.

7(7) Ethics and communications.

8(8) Emergency situation response, including response to medical
9emergencies.

10(9) Security officer safety.

11(10) Any other topic deemed appropriate by the bureau.

12(b) The majority of the course shall be taught by means of verbal
13instruction. This instruction may include the use of a video
14presentation.

15(c) The department shall make available a guidebook as a
16standard for teaching the course in the exercise of the power to
17arrest. The department shall encourage additional training and may
18provide a training guide recommending additional courses to be
19taken by security personnel.

20(d) Private security contractors shall provide a copy of the
21guidebook described in subdivision (c) to each person that they
22currently employ as a security guard and to each individual that
23they intend to hire as a security guard. The private security
24 contractor shall provide the guidebook to each person he or she
25intends to hire as a security guard a reasonable time prior to the
26time the person begins the course in the exercise of the power to
27arrest.

28(e) The bureau may inspect, supervise, or view the
29administration of the test at any time and without any prior
30notification. Any impropriety in the administration of the course
31or the test shall constitute grounds for disciplinary action.

32(f) This section shall become operative on July 1, 2004.

33

begin deleteSEC. 30.end delete
34begin insertSEC. 33.end insert  

Section 7583.9 of the Business and Professions Code
35 is amended to read:

36

7583.9.  

(a) Upon accepting employment by a private security
37contractor, any employee who performs the function of a security
38guard or security patrolperson who is not currently registered with
39the bureau, shall complete an application for registration on a form
40as prescribed by the director, and obtain two classifiable fingerprint
P29   1cards for submission to the Department of Justice. The applicant
2shall submit the application, the registration fee, and his or her
3fingerprints to the bureau. The bureau shall forward the classifiable
4fingerprint cards to the Department of Justice. The Department of
5Justice shall forward one classifiable fingerprint card to the Federal
6Bureau of Investigation for purposes of a background check.

7(b) If a private security contractor pays the application fee on
8behalf of the applicant, nothing in this section shall preclude the
9private security contractor from withholding the amount of the fee
10from the applicant’s compensation.

11(c) The licensee shall maintain supplies of applications and
12fingerprint cards that shall be provided by the bureau upon request.

13(d) In lieu of classifiable fingerprint cards provided for in this
14section, the bureau may authorize applicants to submit their
15fingerprints into an electronic fingerprinting system administered
16by the Department of Justice. Applicants who submit their
17fingerprints by electronic means shall have their fingerprints
18entered into the system through a terminal operated by a law
19enforcement agency or other facility authorized by the Department
20of Justice to conduct electronic fingerprinting. The enforcement
21agency responsible for operating the terminal may charge a fee
22sufficient to reimburse it for the costs incurred in providing this
23service.

24(e) Upon receipt of an applicant’s electronic or hard card
25fingerprints as provided in this section, the Department of Justice
26shall disseminate the following information to the bureau:

27(1) Every conviction rendered against the applicant.

28(2) Every arrest for an offense for which the applicant is
29presently awaiting trial, whether the applicant is incarcerated or
30has been released on bail or on his or her own recognizance
31pending trial.

32(f) (1) The requirement in subdivision (a) to submit a fingerprint
33card does not apply to any of the following:

34(A) A currently employed, full-time peace officer holding peace
35officer status under Chapter 4.5 (commencing with Section 830)
36of Title 3 of Part 2 of the Penal Code.

37(B) A level I or level II reserve officer under paragraphs (1) and
38(2) of subdivision (a) of Section 832.6 of the Penal Code.

39(2) An individual listed in subparagraph (A) or (B) of paragraph
40(1) may immediately perform the functions of a security guard or
P30   1security patrolperson provided that he or she has submitted an
2application, the applicable fees, and his or her fingerprints, if
3required to submit fingerprints pursuant to subdivision (a), to the
4bureau for a security guard registration.

5(3) This subdivision does not apply to a peace officer required
6to obtain a firearm qualification card pursuant to Section 7583.12.

7(g) Peace officers exempt from the submission of classifiable
8fingerprints pursuant to subdivision (f) shall submit verification
9of their active duty peace officer status to the bureau with their
10application for registration. A photocopy of the front and back of
11their peace officer identification badge shall be adequate
12 verification.

13(h) Peace officers exempt from the submission of classifiable
14fingerprints pursuant to subdivision (f) shall report a change in
15their active duty peace officer status to the bureau within 72 hours
16of the change in active duty peace officer status.

17(i) (1) Peace officers exempt from obtaining a firearm
18qualification card pursuant to subdivision (c) of Section 7583.12
19shall submit to the bureau with their application for registration a
20letter of approval from his or her primary employer authorizing
21him or her to carry a firearm while working as a security guard or
22security officer.

23(2) For purposes of this section, “primary employer” means a
24public safety agency currently employing a peace officer subject
25to this section.

26(j)  In addition to the amount authorized pursuant to Section
277570.1, the bureau may impose an additional fee not to exceed
28three dollars ($3) for processing classifiable fingerprint cards
29submitted by applicants excluding those submitted into an
30electronic fingerprint system using electronic fingerprint
31technology.

32(k)  An employee shall, on the first day of employment, display
33to the client his or her registration card if it is feasible and practical
34to comply with this disclosure requirement. The employee shall
35thereafter display to the client his or her registration card upon the
36request of the client.

37

begin deleteSEC. 31.end delete
38begin insertSEC. 34.end insert  

Section 7586 of the Business and Professions Code
39 is amended to read:

P31   1

7586.  

A private security contractor license, branch office
2certificate, and pocket card issued under this chapter expires two
3years following the date of issuance or on the assigned renewal
4date. Every private security contractor issued a license under this
5chapter that expires on or after January 1, 1997, and who is also
6issued or renews a firearms qualification card on or after January
71, 1997, shall be placed on a cyclical renewal so that the license
8expires on the expiration date of the firearms qualification card.
9Notwithstanding any other provision of law, the bureau is
10authorized to extend or shorten the first term of licensure following
11January 1, 1997, and to prorate the required license fee in order to
12implement this cyclical renewal.

13

begin deleteSEC. 32.end delete
14begin insertSEC. 35.end insert  

Section 7588 of the Business and Professions Code
15 is amended to read:

16

7588.  

The fees prescribed by this chapter are as follows:

17(a) The application and examination fee for an original license
18for a private security contractor may not exceed five hundred
19dollars ($500).

20(b) The application fee for an original branch office certificate
21for a private security contractor may not exceed two hundred fifty
22dollars ($250).

23(c) The fee for an original license for a private security
24contractor may not exceed seven hundred dollars ($700).

25(d) The renewal fee is as follows:

26(1) For a license as a private security contractor, the fee may
27not exceed seven hundred dollars ($700).

28(2) For a combination license as a private investigator under
29Chapter 11.3 (commencing with Section 7512) and private security
30contractor, AC or DC prefix, the fee may not exceed six hundred
31dollars ($600).

32(3) For a branch office certificate for a combination private
33investigator under Chapter 11.3 (commencing with Section 7512)
34and private security contractor, the fee may not exceed forty dollars
35($40), and for a private security contractor, the fee may not exceed
36seventy-five dollars ($75).

37(e) The delinquency fee is 50 percent of the renewal fee in effect
38on the date of expiration.

39(f) A reinstatement fee is equal to the amount of the renewal
40fee plus the regular delinquency fee.

P32   1(g) The fee for reexamination of an applicant or his or her
2manager shall be the actual cost to the bureau for developing,
3purchasing, grading, and administering each examination.

4(h) Registration fees pursuant to this chapter are as follows:

5(1) A registration fee for a security guard shall not exceed fifty
6dollars ($50).

7(2) A security guard registration renewal fee shall not exceed
8thirty-five dollars ($35).

9(i) Fees to carry out other provisions of this chapter are as
10follows:

11(1) A firearms qualification fee may not exceed eighty dollars
12($80).

13(2) A firearms requalification fee may not exceed sixty dollars
14($60).

15(3) An initial baton certification fee may not exceed fifty dollars
16($50).

17(4) An application fee and renewal fee for certification as a
18firearms training facility or a baton training facility may not exceed
19five hundred dollars ($500).

20(5) An application fee and renewal fee for certification as a
21firearms training instructor or a baton training instructor may not
22exceed two hundred fifty dollars ($250).

23

begin deleteSEC. 33.end delete
24begin insertSEC. 36.end insert  

Section 7590.3 of the Business and Professions Code
25 is amended to read:

26

7590.3.  

This chapter does not apply to:

27(a) A person employed exclusively and regularly by any
28employer who does not provide contract alarm services for other
29entities or persons, in connection with the affairs of that employer
30only and where there exists an employer-employee relationship.
31A person so employed shall at no time carry or use any deadly
32weapon in the performance of his or her duties.

33(b) An officer or employee of the United States of America, or
34of this state or a political subdivision thereof, while the officer or
35employee is engaged in the performance of his or her official
36duties, including uniformed peace officers employed part time by
37a public agency pursuant to a written agreement between a chief
38of police or sheriff and the public agency.

P33   1(c) Patrol special police officers appointed by the police
2commission of any city, county, or city and county under the
3express terms of its charter.

4(d) A licensed private security contractor or any employee of a
5licensed private security contractor who is employed as a security
6guard, security officer, or street patrol person as defined in Section
77582.1 and who is employed to respond to alarm systems.

8

begin deleteSEC. 34.end delete
9begin insertSEC. 37.end insert  

Section 53069.8 of the Government Code is amended
10to read:

11

53069.8.  

(a) The board of supervisors of any county may
12contract on behalf of the sheriff of that county, and the legislative
13body of any city may contract on behalf of the chief of police of
14that city, to provide supplemental law enforcement services to:

15(1) Private individuals or private entities to preserve the peace
16at special events or occurrences that happen on an occasional basis.

17(2) Private nonprofit corporations that are recipients of federal,
18state, county, or local government low-income housing funds or
19grants to preserve the peace on an ongoing basis.

20(3) Private entities at critical facilities on an occasional or
21ongoing basis. A “critical facility” means any building, structure,
22or complex that in the event of a disaster, whether natural or
23manmade, poses a threat to public safety, including, but not limited
24to, airports, oil refineries, and nuclear and conventional fuel
25powerplants.

26(b) Contracts entered into pursuant to this section shall provide
27for full reimbursement to the county or city of the actual costs of
28providing those services, as determined by the county auditor or
29auditor-controller, or by the city, as the case may be.

30(c) (1) The services provided pursuant to this section shall be
31rendered by regularly appointed full-time peace officers, as defined
32in Section 830.1 of the Penal Code.

33(2) Notwithstanding paragraph (1), services provided in
34connection with special events or occurrences, as specified in
35paragraph (1) of subdivision (a), may be rendered by begin deleteLevel Iend delete
36 reserve peace officers, as defined in paragraph (2) of subdivision
37(a) of Section 830.6 of the Penal Code, who are authorized to
38exercise the powers of a peace officer, as defined in Section 830.1
39of the Penal Code, if there are no regularly appointed full-time
P34   1peace officers available to fill the positions as required in the
2contract.

3(d) Peace officer rates of pay shall be governed by a
4memorandum of understanding.

5(e) A contract entered into pursuant to this section shall
6encompass only law enforcement duties and not services authorized
7to be provided by a private security contractor, as defined in
8Section 7582.1 of the Business and Professions Code.

9(f) Contracting for law enforcement services, as authorized by
10this section, shall not reduce the normal and regular ongoing
11service that the county, agency of the county, or city otherwise
12would provide.

13(g) Prior to contracting for ongoing services under paragraph
14(2) or (3) of subdivision (a), the board of supervisors or legislative
15body, as applicable, shall discuss the contract and the requirements
16of this section at a duly noticed public hearing.

17

begin deleteSEC. 35.end delete
18begin insertSEC. 38.end insert  

Section 512 of the Labor Code is amended to read:

19

512.  

(a) An employer may not employ an employee for a work
20period of more than five hours per day without providing the
21employee with a meal period of not less than 30 minutes, except
22that if the total work period per day of the employee is no more
23than six hours, the meal period may be waived by mutual consent
24of both the employer and employee. An employer may not employ
25an employee for a work period of more than 10 hours per day
26without providing the employee with a second meal period of not
27less than 30 minutes, except that if the total hours worked is no
28more than 12 hours, the second meal period may be waived by
29mutual consent of the employer and the employee only if the first
30meal period was not waived.

31(b) Notwithstanding subdivision (a), the Industrial Welfare
32 Commission may adopt a working condition order permitting a
33meal period to commence after six hours of work if the commission
34determines that the order is consistent with the health and welfare
35of the affected employees.

36(c) Subdivision (a) does not apply to an employee in the
37wholesale baking industry who is subject to an Industrial Welfare
38Commission wage order and who is covered by a valid collective
39bargaining agreement that provides for a 35-hour workweek
40consisting of five 7-hour days, payment of one and one-half times
P35   1the regular rate of pay for time worked in excess of seven hours
2per day, and a rest period of not less than 10 minutes every two
3hours.

4(d) If an employee in the motion picture industry or the
5broadcasting industry, as those industries are defined in Industrial
6Welfare Commission Wage Order Numbers 11 and 12, is covered
7by a valid collective bargaining agreement that provides for meal
8periods and includes a monetary remedy if the employee does not
9receive a meal period required by the agreement, then the terms,
10conditions, and remedies of the agreement pertaining to meal
11periods apply in lieu of the applicable provisions pertaining to
12meal periods of subdivision (a) of this section, Section 226.7, and
13Industrial Welfare Commission Wage Order Numbers 11 and 12.

14(e) Subdivisions (a) and (b) do not apply to an employee
15specified in subdivision (f) if both of the following conditions are
16satisfied:

17(1) The employee is covered by a valid collective bargaining
18agreement.

19(2) The valid collective bargaining agreement expressly provides
20for the wages, hours of work, and working conditions of
21employees, and expressly provides for meal periods for those
22employees, final and binding arbitration of disputes concerning
23application of its meal period provisions, premium wage rates for
24all overtime hours worked, and a regular hourly rate of pay of not
25less than 30 percent more than the state minimum wage rate.

26(f) Subdivision (e) applies to each of the following employees:

27(1) An employee employed in a construction occupation.

28(2) An employee employed as a commercial driver.

29(3) An employee employed in the security services industry as
30a security officer who is registered pursuant to Chapter 11.5
31(commencing with Section 7580) of Division 3 of the Business
32and Professions Code, and who is employed by a private security
33contractor registered pursuant to that chapter.

34(4) An employee employed by an electrical corporation, a gas
35corporation, or a local publicly owned electric utility.

36(g) The following definitions apply for the purposes of this
37section:

38(1) “Commercial driver” means an employee who operates a
39vehicle described in Section 260 or 462 of, or subdivision (b) of
40Section 15210 of, the Vehicle Code.

P36   1(2) “Construction occupation” means all job classifications
2associated with construction by Article 2 (commencing with
3Section 7025) of Chapter 9 of Division 3 of the Business and
4Professions Code, including work involving alteration, demolition,
5building, excavation, renovation, remodeling, maintenance,
6 improvement, and repair, and any other similar or related
7occupation or trade.

8(3) “Electrical corporation” has the same meaning as provided
9in Section 218 of the Public Utilities Code.

10(4) “Gas corporation” has the same meaning as provided in
11Section 222 of the Public Utilities Code.

12(5) “Local publicly owned electric utility” has the same meaning
13as provided in Section 224.3 of the Public Utilities Code.

14

begin deleteSEC. 36.end delete
15begin insertSEC. 39.end insert  

Section 11105.4 of the Penal Code is amended to
16read:

17

11105.4.  

(a) Notwithstanding any other provision of law, a
18contract or proprietary security organization may request any
19criminal history information concerning its prospective employees
20that may be furnished pursuant to subdivision (n) of Section 11105.

21(b) The Department of Justice shall promulgate regulations to
22assure that criminal record information is not released to persons
23or entities not authorized to receive the information under this
24section.

25(c) Any criminal history information obtained pursuant to this
26section shall be subject to the same requirements and conditions
27that the information is subject to when obtained by a human
28resource agency or a bank.

29(d) The Legislature finds that contract security organizations
30and private security organizations often provide security service
31for financial institutions and human resource agencies, and,
32consequently, they have the same need for criminal history
33information as do those entities. Therefore, the Legislature intends
34to provide authority for contract security organizations and
35proprietary security organizations to obtain criminal history
36information to the extent that financial institutions and human
37resource agencies have that authority concerning their own
38employees.

39(e) As used in this section, “contract security organization”
40means a person, business, or organization licensed to provide
P37   1services as a private security contractor, as defined in subdivision
2(a) of Section 7582.1 of the Business and Professions Code.

3As used in this section, “proprietary security organization” means
4an organization within a business entity that has the primary
5responsibility of protecting the employees and property of its
6employer, and which allocates a substantial part of its annual
7budget to providing security and protective services for its
8employer, including providing qualifying and in-service training
9to members of the organization.

10(f) Any criminal history information obtained pursuant to this
11section is confidential and no recipient shall disclose its contents
12other than for the purpose for which it was acquired.

13

begin deleteSEC. 37.end delete
14begin insertSEC. 40.end insert  

Section 22835 of the Penal Code is amended to read:

15

22835.  

Notwithstanding any other provision of law, a person
16holding a license as a private investigator pursuant to Chapter 11.3
17(commencing with Section 7512) of Division 3 of the Business
18and Professions Code, or as a private security contractor pursuant
19to Chapter 11.5 (commencing with Section 7580) of Division 3 of
20the Business and Professions Code, or a uniformed patrolperson
21employee of a private security contractor, may purchase, possess,
22or transport any tear gas weapon, if it is used solely for defensive
23purposes in the course of the activity for which the license was
24issued and if the person has satisfactorily completed a course of
25instruction approved by the Department of Consumer Affairs in
26the use of tear gas.

27

begin deleteSEC. 38.end delete
28begin insertSEC. 41.end insert  

Section 120220.5 of the Public Utilities Code is
29amended to read:

30

120220.5.  

The board may provide and maintain by contract
31with a public agency or by other means, a security force to enforce
32its regulations, to preserve and protect any public transit system
33or project financed pursuant to this division, and to preserve and
34protect the public peace, health, and safety with respect to its
35system or projects. Alternatively, the board may contract with a
36private security contractor licensed pursuant to Chapter 11.5
37(commencing with Section 7580) of Division 3 of the Business
38and Professions Code, with the county sheriff and municipal police
39departments within the areas described in Section 120054, and
P38   1with other transit development boards for security, police, and
2related services.

3

begin deleteSEC. 39.end delete
4begin insertSEC. 42.end insert  

Section 125220 of the Public Utilities Code is
5amended to read:

6

125220.  

The district may make contracts and enter into
7stipulations of any nature whatsoever, either in connection with
8eminent domain proceedings or otherwise, including, but not
9limited to, contracts and stipulations to indemnify and save
10harmless, to employ labor, to contract with a private security
11contractor licensed pursuant to Chapter 11.5 (commencing with
12Section 7580) of Division 3 of the Business and Professions Code,
13the county sheriff and municipal police departments within the
14areas described in Section 125052, and other transit development
15boards for security, police, and related services, and to do all acts
16necessary and convenient for the full exercise of the powers granted
17in this division.



O

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