BILL NUMBER: SB 2123	CHAPTERED  09/26/00

	CHAPTER   683
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN SENATE   MAY 3, 2000

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 25, 2000

   An act to amend Sections 7583.2, 7583.9, and 7587.8 of, to amend
and repeal Section 7583.11 of, and to add Section 7587.15 to, the
Business and Professions Code, relating to private patrol operators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2123, Figueroa.  Private patrol operators.
   The Private Security Services Act provides, among other matters,
for the licensure and regulation of private patrol operators by the
Bureau of Security and Investigative Services within the Department
of Consumer Affairs and makes a violation of its provisions a crime.
Under existing law, employees of those licensees who perform the
function of a security guard or security patrol person are required,
upon accepting employment, to apply to the bureau for registration
and to submit to it fingerprint cards for the purpose of a background
check.  Existing law provides for the issuance of a temporary
registration card, allowing an employee of a licensee to work until
the bureau issues a registration card or denies the application for
registration.
   This bill would make the provisions authorizing and pertaining to
the issuance of a temporary registration card inoperative on June 30,
2003.
   This bill would require the application and fee to register an
employee of a licensed private patrol operator to be submitted, as
defined, on or before the same business day that the person is
assigned to work, or, if that day is a weekend day or federal
holiday, on the first business day immediately following the weekend
or federal holiday and would prohibit a licensed private patrol
operator from assigning an employee to work with a temporary
registration card unless the registration application and fee were
submitted in accordance with these time provisions.  This bill would
also require a licensed private patrol operator to certify proof of
current and valid registration of each employee, as specified, and to
certify, as specified, that the employee has submitted fingerprints
to the bureau.  This bill would provide for fines assessed by the
Director of Consumer Affairs for the failure of a licensed private
patrol operator to comply with these requirements.
   Because this bill would expand the duties of a private patrol
operator, the violation of which would be punishable as a
misdemeanor, it would create a new crime and thereby impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7583.2 of the Business and Professions Code is
amended to read:
   7583.2.  No person licensed as a private patrol operator shall do
any of the following:
   (a) Fail to properly maintain an accurate and current record of
all firearms or other deadly weapons that are in the possession of
the licensee or of any employee while on duty.  Within seven days
after a licensee or his or her employees discover that a deadly
weapon which has been recorded as being in his or her possession has
been misplaced, lost, or stolen, or in any other way missing, the
licensee or his or her manager shall mail or deliver to any local law
enforcement agency who has jurisdiction, a written report concerning
the incident.  The report shall describe fully the circumstances
surrounding the incident, any injuries or damages incurred, the
identity of all participants, and whether a police investigation was
conducted.
   (b) Fail to properly maintain an accurate and current record of
the name, address, commencing date of employment, and position of
each employee, and the date  of termination of employment when an
employee is terminated.
   (c) Fail to properly maintain an accurate and current record of
proof of completion by each employee of the licensee of the course of
training in the exercise of the power to arrest as required by
Section 7583.5.
   (d) Fail to certify an employee's completion of the course of
training in the exercise of the power to arrest prior to placing the
employee at a duty station.
   (e) Fail to certify proof of current and valid registration for
each employee who is subject to registration or fail to comply with
the provisions of Section 7583.11 if employing an individual who does
not possess a current and valid registration from the bureau.
   (f) Fail to certify within three business days after assigning an
employee to work with a temporary registration card that the employee
has submitted fingerprint cards as required by Section 7583.9.
   (g) Permit any employee to carry a firearm or other deadly weapon
without first ascertaining that the employee is proficient in the use
of each weapon to be carried.  With respect to firearms, evidence of
proficiency shall include a certificate from a firearm training
facility approved by the director certifying that the employee is
proficient in the use of that specified caliber of firearm and a
current and valid firearm qualification permit issued by the
department.  With respect to other deadly weapons, evidence of
proficiency shall include a certificate from a training facility
approved by the director certifying that the employee is proficient
in the use of that particular deadly weapon.
   (h) Fail to deliver to the director a written report describing
fully the circumstances surrounding the discharge of any firearm, or
physical altercation with a member of the public while on duty, by a
licensee or any officer, partner, or employee of a licensee while
acting within the course and scope of his or her employment within
seven days after the incident.  For the purposes of this subdivision,
a report shall be required only for physical altercations that
result in any of the following:  (1) the arrest of a security guard,
(2) the filing of a police report by a member of the public, (3)
injury on the part of a member of the public that requires medical
attention, or (4) the discharge, suspension, or reprimand of a
security guard by his or her employer.  The report shall include, but
not be limited to, a description of any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted.  Any report may be investigated by the
director to determine if any disciplinary action is necessary.
   (i) Fail to notify the bureau in writing and within 30 days that a
manager previously qualified pursuant to this chapter is no longer
connected with the licensee.
  SEC. 2.  Section 7583.9 of the Business and Professions Code is
amended to read:
   7583.9.  (a) Upon accepting employment by a private patrol
operator, any employee who performs the function of a security guard
or security patrolperson who is not currently registered with the
bureau, shall complete an application for registration on a form as
prescribed by the director, and obtain two classifiable fingerprint
cards for submission to the Department of Justice.  The Department of
Justice shall forward one classifiable fingerprint card to the
Federal Bureau of Investigation for purposes of a background check.
The applicant shall submit the application and registration fee to
the bureau on or before the same business day that he or she is
assigned to work as a security guard or security patrolperson
performing any of the functions set forth in subdivision (a) of
Section 7582.1.  If the applicant is assigned to work on a Saturday,
Sunday, or on a federal holiday, the applicant may submit the
application and registration fee to the bureau on the first business
day immediately following the Saturday, Sunday, or federal holiday.
The applicant shall submit the fingerprints to the bureau within
three business days after being assigned to work with a temporary
registration card.
   (b) If a private patrol operator pays the application fee on
behalf of the applicant, nothing in this section shall preclude the
private patrol operator from withholding the amount of the fee from
the applicant's compensation.
   (c) The licensee shall maintain supplies of applications and
fingerprint cards that shall be provided by the bureau upon request.

   (d) In lieu of classifiable fingerprint cards provided for in this
section, the bureau may authorize applicants to submit their
fingerprints into an electronic fingerprinting system administered by
the Department of Justice.  Applicants who submit their fingerprints
by electronic means shall have their fingerprints entered into the
system through a terminal operated by a law enforcement agency or
other facility authorized by the Department of Justice to conduct
electronic fingerprinting.  The enforcement agency responsible for
operating the terminal may charge a fee sufficient to reimburse it
for the costs incurred in providing this service.
   (e) Upon receipt of an applicant's electronic fingerprints as
provided in this section, the Department of Justice shall determine
whether the applicant has been convicted of any crime and forward the
information to the bureau.
   (f) The requirement of submission of fingerprint cards to the
Federal Bureau of Investigation shall not apply to currently
employed, full-time peace officers holding peace officer status under
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, or to level I or level II reserve officers as
described in paragraphs (1) and (2) of subdivision (a) of Section
832.6 of the Penal Code.
   (g) In addition to the amount authorized pursuant to Section
7570.1, the bureau may impose an additional fee not to exceed three
dollars ($3) for processing classifiable fingerprint cards submitted
by applicants excluding those submitted into an electronic
fingerprint system using electronic fingerprint technology.
   (h) An employee shall, on the first day of employment, display to
the client his or her registration card if it is feasible and
practical to comply with this disclosure requirement.  The employee
shall thereafter display to the client his or her registration card
upon the request of the client.
   (i)  "Submit," as used in subdivision (a), means any of the
following:
   (1) To ensure that the application and registration fee have been
received by the bureau on or before the business day that the
employee is assigned to work.
   (2) To ensure that the application and registration fee either
have been mailed to the bureau and officially postmarked with a date
on or before the employee is assigned to work or have been deposited
with a carrier performing overnight delivery services on or before
the business day that the employee is assigned to work.
   (3) To ensure, if the applicant is assigned to work on a Saturday,
Sunday, or on a federal holiday, that the application and
registration fee either have been mailed to the bureau and officially
postmarked with a date on the first business day immediately
following that Saturday, Sunday, or federal holiday or have been
deposited with a carrier performing overnight delivery services on
the first business day immediately following that Saturday, Sunday,
or federal holiday.
  SEC. 3.  Section 7583.11 of the Business and Professions Code is
amended to read:
   7583.11.  (a) Except as provided in subdivision (b), an employee
of a licensee may be assigned to work with a temporary registration
card that indicates completion of the course in the exercise of the
power to arrest until the bureau issues a registration card or denies
the application for registration.  However, a licensee shall not
assign an employee to work with a temporary registration card unless
the licensee submits the employee's application and registration fee
to the bureau on or before the same business day that the employee is
assigned to work as a security guard or security patrolperson
performing any of the functions set forth in subdivision (a) of
Section 7582.1.  If a licensee assigns an employee to work with a
temporary registration card on a Saturday, Sunday, or on a federal
holiday, the licensee may submit the employee's application and
registration fee to the bureau on the first business day immediately
following the Saturday, Sunday, or federal holiday.  A temporary
registration card shall in no event be valid for more than 120 days.
However, the director may extend the expiration date beyond the 120
days at any time when there is an abnormal delay in processing
applications for prospective security guards.  For purposes of this
section, the 120-day period shall commence on the date the applicant
signs the application.
   (b) An employee who has been convicted of a crime prior to
applying for a position as a security guard shall not be issued a
temporary registration card and shall not be assigned to work as a
security guard until the bureau issues a permanent registration card.
  This subdivision shall apply only if the applicant for registration
as a security guard has disclosed the conviction to the bureau on
his or her application form, or if the fact of the conviction has
come to the attention of the bureau through official court or other
governmental documents.  In no event shall the director, the
department, the bureau, the chief, or the State of California be
liable for any civil damages in the event of the issuance of a
temporary registration if the applicant has falsified his or her
application to conceal a prior criminal conviction.
   (c) A temporary registration card issued pursuant to this section
shall include the name, address, and license number of the private
patrol operator employer or training facility that issued the
temporary registration card.
   (d) An employee shall, on the first day of employment, display to
the client his or her registration card or temporary registration
card, when it is feasible and practical to comply with this
disclosure requirement.  The employee shall thereafter display to the
client his or her registration card or temporary registration card
upon the request of the client.
   (e) "Submit" as used in subdivision (a), means any of the
following:
   (1) To ensure that the application and registration fee have been
received by the bureau on or before the business day that the
employee is assigned to work.
   (2) To ensure that the application and registration fee either
have been mailed to the bureau and officially postmarked with a date
on or before the employee is assigned to work or have been deposited
with a carrier performing overnight delivery services on or before
the business day that the employee is assigned to work.
   (3) To ensure, if the applicant is assigned to work on a Saturday,
Sunday, or on a federal holiday, that the application and
registration fee either have been mailed to the bureau and officially
postmarked with a date on the first business day immediately
following that Saturday, Sunday, or federal holiday or have been
deposited with a carrier performing overnight delivery services on
the first business day immediately following that Saturday, Sunday,
or federal holiday.
  (f) This section shall become inoperative on June 30, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.

  SEC. 4.  Section 7587.8 of the Business and Professions Code is
amended to read:
   7587.8.  The director may assess fines for the following acts
pursuant to Article 4 (commencing with Section 7583) only as follows:

   (a) Violation of subdivisions (a), (b), and (c) of Section 7583.2;
twenty-five dollars ($25) per violation.
   (b) Violation of subdivisions (h) and (i) of Section 7583.2;
twenty-five dollars ($25) for the first violation and one hundred
dollars ($100) per violation for each violation thereafter.
   (c) Violation of subdivision (d) of Section 7583.2; one hundred
dollars ($100) per violation.
   (d) Violation of subdivision (g) of Section 7583.2; two hundred
fifty dollars ($250) per violation.
   (e) Violation of subdivision (f) of Section 7583.2; two thousand
five hundred dollars ($2,500) per violation, notwithstanding any
other provision of law.
  SEC. 5.  Section 7587.15 is added to the Business and Professions
Code, to read:
   7587.15.  Notwithstanding any other provision of law, the director
may assess a fine of up to five thousand dollars ($5,000) per
violation against any licensee for a failure to comply with
subdivision (e) of Section 7583.2 or Section 7583.11.  In addition,
the director may deny, suspend, or revoke a license issued under this
chapter for a failure to comply with Section 7583.11.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.