BILL NUMBER: AB 1339 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Keeley
FEBRUARY 23, 2001
An act to amend Section 7588 of, and to add Sections 7583.46,
7583.47, 7583.48, 7583.49, 7583.50, and 7583.51 to, the Business and
Professions Code, and to amend Section 832.3 of the Penal Code,
relating to school security training, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1339, as introduced, Keeley. School security training: peace
officers and security guards.
Existing law requires every security guard working more than 20
hours a week on the property of a public K-12 school district or
community college district to complete a course of training, as
specified.
This bill would specify the contents of the course of school
security training, provide for approval of course materials, and
provide standards and procedures for the application for approval for
a school security training facility, and for school security
training instructors. Applications for certification as a school
security course training facility or school security course
instructor would be subject to specified application fees. Those
application fees would be deposited in the Private Security Services
Fund, a continuously appropriated special fund, for the purpose of
licensing and regulation of private security services. By increasing
the amount of money in the fund through the imposition of additional
application fees, this bill would make an appropriation.
Existing law requires any school peace officer employed by a K-12
public school district, or a community college district, to complete
a prescribed course of training, as specified.
This bill would, in addition, require a peace officer assigned
primarily to a K-12 or community college campus to complete that
prescribed course of training, as specified. By placing additional
training duties on certain peace officers, this bill would 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7583.46 is added to the Business and
Professions Code, to read:
7583.46. The course of training in school security, the
satisfactory completion of which shall be required of applicants who
wish to obtain a school security qualifications card, shall be in the
format prescribed by the Department of Consumer Affairs, as
delineated in the bureau's "School Security Training Manual." The
course training contained in the manual shall include, but not be
limited to, the following:
(a) The role and responsibility of the school security officer.
(b) Laws and liability.
(c) Security awareness in the educational environment.
(d) Mediation and conflict resolution.
(e) Standardized emergency management and incident command
systems.
(f) Dynamics of student behavior.
(g) Examination.
The course shall contain a total of 24 hours of instruction.
SEC. 2. Section 7583.47 is added to the Business and Professions
Code, to read:
7583.47. For purposes of this article, "school security course"
means the school security training course as outlined in Section
7583.45.
SEC. 3. Section 7583.48 is added to the Business and Professions
Code, to read:
7583.48. (a) Any institution, firm, or individual wishing the
approval of the bureau to offer the school security course shall
complete an application of certification as a school security
training facility. The application shall be in a form prescribed by
the chief and shall include, but not be limited to, the following
information:
(1) The name, business address, and telephone number of the
institution, firm, or individual.
(2) A detailed description of the places, days, and times the
course will be offered.
(3) An estimate of the minimum and maximum class size.
(4) The name or names of the school security training instructors
who will teach the course who have been certified by the bureau, and
their certificate numbers, if available.
(b) The application shall be accompanied by the fee prescribed in
this chapter.
SEC. 4. Section 7583.49 is added to the Business and Professions
Code, to read:
7583.49. Upon approval by the bureau of a school security
training facility, the chief shall issue to the facility a "School
Security Training Facility Certificate." The certificate is valid
only when the school security training facility has in its employ a
school security training instructor who has been certified by the
bureau. The certificate shall be posted in a conspicuous place at
the facility.
SEC. 5. Section 7583.50 is added to the Business and Professions
Code, to read:
7583.50. (a) Any individual who desires certification by the
bureau to instruct a school security course shall complete an
application for a school security training instructor certificate.
An application shall be made on a form provided by the bureau.
(b) An applicant for a school security training instructor
certificate shall meet one of the following minimum qualifications:
(1)Possess an associate of arts degree in the administration of
justice.
(2) Have one year of teaching or training experience in school
security or the equivalent thereof.
(c) The application shall be accompanied by the fee prescribed in
this chapter.
(d) Upon approval by the bureau of an applicant for certification
as a school security training instructor, the chief shall issue to
the applicant a "School Security Training Instructor Certificate."
The certificate shall be posted at the training site.
SEC. 6. Section 7583.51 is added to the Business and Professions
Code, to read:
7583.51. All school security course material provided to the
certificate holder in the "School Security Training Manual" issues by
the bureau shall be covered in each class session. Any course
textbook or manual developed to be used by a firearms training
facility for a course in the carrying and usage of a firearm for
school security shall include the aspects of employee restraint and
defensive missions of security guards, in addition to following the
format delineated in the bureau's "School Security Training Manual"
and shall be examined and approved by the bureau prior to use. Once
the bureau has approved the textbooks or manuals, all school security
training facilities shall be required to instruct in accordance with
one of the textbooks or manuals. In no event shall the class
instruction total less than 24 hours for the school security
qualification.
SEC. 7. Section 7588 of the Business and Professions Code is
amended to read:
7588. The fees prescribed by this chapter are as follows:
(a) The application and examination fee for an original license
for a private patrol operator may not exceed two hundred dollars
($200).
(b) The application fee for an original branch office certificate
for a private patrol operator may not exceed seventy-five dollars
($75).
(c) The fee for an original license for a private patrol operator
may not exceed five hundred dollars ($500).
(d) The renewal fee is as follows:
(1) For a license as a private patrol operator, the fee may not
exceed five hundred dollars ($500).
(2) For a combination license as a private investigator under
Chapter 11.3 (commencing with Section 7512) and private patrol
operator, AC or DC prefix, the fee may not exceed six hundred dollars
($600).
(3) For a branch office certificate for a combination private
investigator under Chapter 11.3 (commencing with Section 7512) and
private patrol operator, the fee may not exceed forty dollars ($40),
and for a private patrol operator, the fee may not exceed
seventy-five dollars ($75).
(e) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration.
(f) A reinstatement fee is equal to the amount of the renewal fee
plus the regular delinquency fee.
(g) The fee for reexamination of an applicant or his or her
manager may not exceed twenty dollars ($20).
(h) Registration fees pursuant to this chapter are as follows:
(1) A registration fee for a security guard may not exceed
twenty-five dollars ($25).
(2) A security guard registration renewal fee may not exceed
twenty-five dollars ($25).
(i) Fees to carry out other provisions of this chapter are as
follows:
(1) A firearms qualification fee may not exceed eighty dollars
($80).
(2) A firearms requalification fee may not exceed sixty dollars
($60).
(3) An initial baton certification fee may not exceed fifty
dollars ($50).
(4) An application fee and renewal fee for certification as a
firearms training facility or , a baton
training facility , or a school security training facility
may not exceed five hundred dollars ($500).
(5) An application fee and renewal fee for certification as a
firearms training instructor or , a
baton training instructor , or a school security training
instructor may not exceed two hundred fifty dollars ($250).
This section shall become operative July 1, 1998. Notwithstanding
the operative date of this section, before, on, or after July 1,
1998, the bureau may adopt regulations specifying the fees authorized
by this section. If the bureau does not have regulations in effect
that delineate the specific fees authorized by this section by July
1, 1998, the schedule of fees in effect as of June 30, 1998, shall
remain operative until the bureau adopts regulations specifying the
fees.
SEC. 8. Section 832.3 of the Penal Code is amended to read:
832.3. (a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police officer of a district authorized by statute to
maintain a police department, who is first employed after January 1,
1975, shall successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training before
exercising the powers of a peace officer, except while participating
as a trainee in a supervised field training program approved by the
Commission on Peace Officer Standards and Training. Each police
chief, or any other person in charge of a local law enforcement
agency, appointed on or after January 1, 1999, as a condition of
continued employment, shall complete the course of training pursuant
to this subdivision within two years of appointment. The training
course for a sheriff, an undersheriff, and a deputy sheriff of a
county, and a police chief and a police officer of a city or any
other local law enforcement agency, shall be the same.
(b) For the purpose of ensuring competent peace officers and
standardizing the training required in subdivision (a), the
commission shall develop a testing program, including standardized
tests that enable (1) comparisons between presenters of the training
and (2) assessments of trainee achievement. The trainees' test
scores shall be used only for the purposes enumerated in this
subdivision and those research purposes as shall be approved in
advance by the commission. The commission shall take all steps
necessary to maintain the confidentiality of the test scores, test
items, scoring keys, and other examination data used in the testing
program required by this subdivision. The commission shall determine
the minimum passing score for each test and the conditions for
retesting students who fail. Passing these tests shall be required
for successful completion of the training required in subdivision
(a). Presenters approved by the commission to provide the training
required in subdivision (a) shall administer the standardized tests
or, at the commission's option, shall facilitate the commission's
administration of the standardized tests to all trainees.
(c) Notwithstanding subdivision (c) of Section 84500 of the
Education Code and any regulations adopted pursuant thereto,
community colleges may give preference in enrollment to employed law
enforcement trainees who shall complete training as prescribed by
this section. At least 15 percent of each presentation shall consist
of nonlaw enforcement trainees if they are available. Preference
should only be given when the trainee could not complete the course
within the time required by statute, and only when no other training
program is reasonably available. Average daily attendance for these
courses shall be reported for state aid.
(d) Prior to July 1, 1987, the commission shall make a report to
the Legislature on academy proficiency testing scores. This report
shall include an evaluation of the correlation between academy
proficiency test scores and performance as a peace officer.
(e) (1) Any deputy sheriff described in subdivision (c) of Section
830.1 shall be exempt from the training requirements specified in
subdivisions (a) and (b) as long as his or her assignments remain
custodial related.
(2) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the training for peace officers pursuant to
subdivision (a) of Section 832, and within 120 days after the date of
employment, shall complete the training required by the Board of
Corrections for custodial personnel pursuant to Section 6035, and the
training required for custodial personnel of local detention
facilities pursuant to Division 1 (commencing with Section 100) of
Title 15 of the California Code of Regulations.
(3) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the course of training pursuant to subdivision (a)
prior to being reassigned from custodial assignments to duties with
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state.
(f) Any school police officer first employed by a K-12 public
school district or California Community College district after July
1, 1999, shall successfully complete a basic course of training as
prescribed by subdivision (a) before exercising the powers of a peace
officer. A school police officer shall not be subject to this
subdivision while participating as a trainee in a supervised field
training program approved by the Commission on Peace Officer
Standards and Training.
(g) The commission shall prepare a specialized course of
instruction for the training of school peace officers, as defined in
Section 830.32, to meet the unique safety needs of a school
environment. This course is intended to supplement any other
training requirements.
(h) Any school peace officer first employed by a K-12 public
school district or California Community College district before July
1, 1999, shall successfully complete the specialized course of
training prescribed in subdivision (g) no later than July 1, 2002.
Any school police officer first employed by a K-12 public school
district or California Community College district after July 1, 1999,
or any peace officer assigned primarily to a K-12 or community
college campus, after January 1, 2002, shall successfully
complete the specialized course of training prescribed in subdivision
(g) within two years of the date of first employment or
assignment .
SEC. 9. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.