BILL NUMBER: SB 1163 CHAPTERED 07/13/99 CHAPTER 112 FILED WITH SECRETARY OF STATE JULY 13, 1999 APPROVED BY GOVERNOR JULY 13, 1999 PASSED THE SENATE JULY 1, 1999 PASSED THE ASSEMBLY JUNE 16, 1999 AMENDED IN ASSEMBLY JUNE 3, 1999 AMENDED IN SENATE MAY 3, 1999 INTRODUCED BY Senator Ortiz FEBRUARY 26, 1999 An act to amend Sections 831.4 and 12002 of the Penal Code, relating to security officers. LEGISLATIVE COUNSEL'S DIGEST SB 1163, Ortiz. Security officers. Existing law establishes various categories of peace officers and other public officers, and specifies their duties and powers. This bill would provide that a police security officer is a public officer, and not a peace officer, employed by the chief of police of a city whose primary duty is the security of locations or facilities as directed by the chief. These officers would have the authority to carry or possess a firearm, baton, and other safety equipment and weapons, as specified. Existing law requires each sheriff's security officer to satisfactorily complete a specified course of training within 90 days of assuming his or her duties. The bill, with respect to a sheriff's security officer completing a specified course of training, would require that the training be completed prior to the officer being assigned to perform his or her duties and would apply this provision to a police security officer. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 831.4 of the Penal Code is amended to read: 831.4. (a) A sheriff's or police security officer is a public officer, employed by the sheriff of a county or police chief of a city, whose primary duty is the security of locations or facilities as directed by the sheriff or police chief. The duties of a sheriff' s or police security officer shall be limited to the physical security and protection of properties owned, operated, controlled, or administered by the county or city, or any municipality or special district contracting for police services from the county or city pursuant to Section 54981 of the Government Code, or necessary duties with respect to the patrons, employees, and properties of the employing county, city, or contracting entities. (b) A sheriff's or police security officer is not a peace officer nor a public safety officer as defined in Section 3301 of the Government Code. A sheriff's or police security officer may carry or possess a firearm, baton, and other safety equipment and weapons authorized by the sheriff or police chief while performing the duties authorized in this section, and under the terms and conditions specified by the sheriff or police chief. These persons may not exercise the powers of arrest of a peace officer, but may issue citations for infractions if authorized by the sheriff or police chief. (c) Each sheriff's or police security officer shall satisfactorily complete a course of training as specified in Section 832 prior to being assigned to perform his or her duties. Nothing in this subdivision shall preclude the sheriff or police chief from requiring additional training requirements. (d) Notwithstanding any other law, nothing in this section shall be construed to confer any authority upon any sheriff's or police security officer except while on duty, or confer any additional retirement benefits to persons employed within this classification. SEC. 2. Section 12002 of the Penal Code is amended to read: 12002. (a) Nothing in this chapter prohibits police officers, special police officers, peace officers, or law enforcement officers from carrying any wooden club, baton, or any equipment authorized for the enforcement of law or ordinance in any city or county. (b) Nothing in this chapter prohibits a uniformed security guard, regularly employed and compensated as such by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of his or her 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 the 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 his or her employment, issued by the Department of Consumer Affairs. The department may authorize certified training institutions 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 which 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 baton or club 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.