Senate Bill No. 1362

Introduced by Senator Mendoza

February 19, 2016

An act to amend Section 7582.2 of the Business and Professions Code, and to amend Sections 830.7 and 22295 of, and to add Sections 26065 and 32455 to, the Penal Code, relating to security officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1362, as introduced, Mendoza. Los Angeles County Metropolitan Transit Authority: security officers.

(1) The Private Security Services Act generally regulates the private security vocation, and requires each uniformed employee of a provide patrol operator to, among other things, register with the Bureau of Security and Investigative Services and complete specified training. The act exempts specified persons from its requirements.

This bill would exempt a person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority from the requirements of the Private Security Services Act.

(2) Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training.

This bill would extend that authority to persons regularly employed as security officers by the Los Angeles County Metropolitan Transit Authority.

(3) Existing law states that specified provisions of law relating to deadly weapons do not prohibit a police officer, special police officer, peace officer, or law enforcement officer from carrying a wooden club or baton.

This bill would additionally state that the specified provisions of law do not prohibit a security officer regularly employed by the Los Angeles Metropolitan Transit Authority from carrying a wooden club or baton.

(4) Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street.

This bill would, notwithstanding the above provision, allow a person regularly employed by the Los Angeles County Metropolitan Transit Authority as a security officer to be permitted to carry a shotgun in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official duties.

(5) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony.

This bill would make these provisions inapplicable to the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the Los Angeles County Metropolitan Transit Authority for use by its employee security officers in the discharge of their official duties.

(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

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

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

SECTION 1.  

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

7582.2.  

This chapter does not apply to begin insert all of end insert the following:

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

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

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

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

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

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

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

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

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

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

(k) A peace officer of this state or a political subdivision thereof
while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126
of the Government Code. However, begin delete nothing herein shall end delete begin insert this
subdivision does not end insert exempt a peace officer who either contracts
for his or her services or the services of others as a private patrol
operator or contracts for his or her services as or is employed as
an armed private security officer. For purposes of this subdivision,
“armed security officer” means an individual who carries or uses
a firearm in the course and scope of that contract or employment.

(l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement
officer of the jurisdiction where the employment takes place,
provided that the retired officer is in a uniform of a public law
enforcement agency, has registered with the bureau on a form
approved by the director, and has met any training requirements
or their equivalent as established for security personnel under
Section 7583.5. This officer may not carry an unloaded and
exposed handgun unless he or she is exempted under the provisions
of Article 2 (commencing with Section 26361) of Chapter 6 of
Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
an unloaded firearm that is not a handgun unless he or she is
exempted under the provisions of Article 2 (commencing with
Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
the Penal Code, and may not carry a loaded or concealed firearm
unless he or she is exempted under the provisions of Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of
Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910,
inclusive, of the Penal Code or has met the requirements set forth
in subdivision (d) of Section 26030 of the Penal Code. However,
begin delete nothing herein shall end delete begin insert this subdivision does not end insert exempt the retired
peace officer who contracts for his or her services or the services
of others as a private patrol operator.

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

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

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

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

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

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

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

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

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

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin insert

(r) A person regularly employed as a security officer by the Los
Angeles County Metropolitan Transit Authority.

end insert

SEC. 2.  

Section 830.7 of the Penal Code is amended to read:

830.7.  

The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise
of those powers pursuant to Section 832:

(a) Persons designated by a cemetery authority pursuant to
Section 8325 of the Health and Safety Code.

(b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding,
permitting the exercise of that authority, with the sheriff or the
chief of police within whose jurisdiction the institution lies.

(c) Persons regularly employed as security officers for health
facilities, as defined in Section 1250 of the Health and Safety Code,
that are owned and operated by cities, counties, and cities and
counties, if the facility has concluded a memorandum of
understanding, permitting the exercise of that authority, with the
sheriff or the chief of police within whose jurisdiction the facility
lies.

(d) Employees or classes of employees of the California
Department of Forestry and Fire Protection designated by the
Director of Forestry and Fire Protection, provided that the primary
duty of the employee shall be the enforcement of the law as that
duty is set forth in Section 4156 of the Public Resources Code.

(e) Persons regularly employed as inspectors, supervisors, or
security officers for transit districts, as defined in Section 99213
of the Public Utilities Code, if the district has concluded a
memorandum of understanding permitting the exercise of that
authority, with, as applicable, the sheriff, the chief of police, or
the Department of the California Highway Patrol within whose
jurisdiction the district lies. For the purposes of this subdivision,
the exercise of peace officer authority may include the authority
to remove a vehicle from a railroad right-of-way as set forth in
Section 22656 of the Vehicle Code.

(f) Nonpeace officers regularly employed as county parole
officers pursuant to Section 3089.

(g) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and
Agricultural Code.

(h) Persons regularly employed as investigators by the
Department of Transportation for the City of Los Angeles and
designated by local ordinance as public officers, to the extent
necessary to enforce laws related to public transportation, and
authorized by a memorandum of understanding with the chief of
police, permitting the exercise of that authority. For the purposes
of this subdivision, “investigator” means an employee defined in
Section 53075.61 of the Government Code authorized by local
ordinance to enforce laws related to public transportation.
Transportation investigators authorized by this section shall not
be deemed “peace officers” for purposes of Sections 241 and 243.

(i) Persons regularly employed by any department of the City
of Los Angeles who are designated as security officers and
authorized by local ordinance to enforce laws related to the
preservation of peace in or about the properties owned, controlled,
operated, or administered by any department of the City of Los
Angeles and authorized by a memorandum of understanding with
the Chief of Police of the City of Los Angeles permitting the
exercise of that authority. Security officers authorized pursuant to
this subdivision shall not be deemed peace officers for purposes
of Sections 241 and 243.

(j) Illegal dumping enforcement officers or code enforcement
officers, to the extent necessary to enforce laws related to illegal
waste dumping or littering, and authorized by a memorandum of
understanding with, as applicable, the sheriff or chief of police
within whose jurisdiction the person is employed, permitting the
exercise of that authority. An “illegal dumping enforcement officer
or code enforcement officer” is defined, for purposes of this
section, as a person employed full time, part time, or as a volunteer
after completing training prescribed by law, by a city, county, or
city and county, whose duties include illegal dumping enforcement
and who is designated by local ordinance as a public officer. An
illegal dumping enforcement officer or code enforcement officer
may also be a person who is not regularly employed by a city,
county, or city and county, but who has met all training
requirements and is directly supervised by a regularly employed
illegal dumping enforcement officer or code enforcement officer
conducting illegal dumping enforcement. This person shall not
have the power of arrest or access to summary criminal history
information pursuant to this section. No person may be appointed
as an illegal dumping enforcement officer or code enforcement
officer if that person is disqualified pursuant to the criteria set forth
in Section 1029 of the Government Code. Persons regularly
employed by a city, county, or city and county designated pursuant
to this subdivision may be furnished state summary criminal history
information upon a showing of compelling need pursuant to
subdivision (c) of Section 11105.

begin insert

(k) Persons regularly employed as security officers by the Los
Angeles County Metropolitan Transit Authority.

end insert

SEC. 3.  

Section 22295 of the Penal Code is amended to read:

22295.  

(a) Nothing in any provision listed in Section 16580
prohibits any police officer, special police officer, peace officer,
begin delete or end delete law enforcement officer begin insert , or security officer regularly employed
by the Los Angeles Metropolitan Transit Authority, end insert from carrying
any wooden club or baton.

(b) Nothing in any provision listed in Section 16580 prohibits
a uniformed security guard, regularly employed and compensated
by a person engaged in any lawful business, while actually
employed and engaged in protecting and preserving property or
life within the scope of employment, from carrying any wooden
club or baton if the uniformed security guard has satisfactorily
completed a course of instruction certified by the Department of
Consumer Affairs in the carrying and use of the club or baton. The
training institution certified by the Department of Consumer Affairs
to present this course, whether public or private, is authorized to
charge a fee covering the cost of the training.

(c) The Department of Consumer Affairs, in cooperation with
the Commission on Peace Officer Standards and Training, shall
develop standards for a course in the carrying and use of a club or
baton.

(d) Any uniformed security guard who successfully completes
a course of instruction under this section is entitled to receive a
permit to carry and use a club or baton within the scope of
employment, issued by the Department of Consumer Affairs. The
department may authorize a certified training institution to issue
permits to carry and use a club or baton. A fee in the amount
provided by law shall be charged by the Department of Consumer
Affairs to offset the costs incurred by the department in course
certification, quality control activities associated with the course,
and issuance of the permit.

(e) Any person who has received a permit or certificate that
indicates satisfactory completion of a club or baton training course
approved by the Commission on Peace Officer Standards and
Training prior to January 1, 1983, shall not be required to obtain
a club or baton permit or complete a course certified by the
Department of Consumer Affairs.

(f) Any person employed as a county sheriff’s or police security
officer, as defined in Section 831.4, shall not be required to obtain
a club or baton permit or to complete a course certified by the
Department of Consumer Affairs in the carrying and use of a club
or baton, provided that the person completes a course approved
by the Commission on Peace Officer Standards and Training in
the carrying and use of the club or baton, within 90 days of
employment.

(g) Nothing in any provision listed in Section 16580 prohibits
an animal control officer, as described in Section 830.9, or an
illegal dumping enforcement officer, as described in Section 830.7,
from carrying any wooden club or baton if the animal control
officer or illegal dumping enforcement officer has satisfactorily
completed the course of instruction certified by the Commission
on Peace Officer Standards and Training in the carrying and use
of the club or baton. The training institution certified by the
Commission on Peace Officer Standards and Training to present
this course, whether public or private, is authorized to charge a
fee covering the cost of the training.

SEC. 4.  

Section 26065 is added to the Penal Code, to read:

26065.  

Notwithstanding Section 25850, a person regularly
employed by the Los Angeles County Metropolitan Transit
Authority as a security officer may be permitted to carry a shotgun,
as defined in Section 17190, in a patrol vehicle or armored vehicle
owned by the authority for use in carrying out the security officer’s
official duties.

SEC. 5.  

Section 32455 is added to the Penal Code, to read:

32455.  

Section 32310 does not apply to the sale of, giving of,
lending of, importation into this state of, or purchase of, any
large-capacity magazine to or by the Los Angeles County
Metropolitan Transit Authority for use by its employee security
officers in the discharge of their official duties.

SEC. 6.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances of the Los
Angeles County Metropolitan Transit Authority.