BILL NUMBER: SB 1362 INTRODUCED
BILL TEXT
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 all of 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 where
if 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, nothing herein shall
this subdivision does not 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,
nothing herein shall this subdivision does
not 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.
(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:
(1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.
(2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.
(r) A person regularly employed as a security officer by the Los
Angeles County Metropolitan Transit Authority.
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.
(k) Persons regularly employed as security officers by the Los
Angeles County Metropolitan Transit Authority.
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,
or law enforcement officer , or security
officer regularly employed by the Los Angeles Metropolitan Transit
Authority, 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.