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AB-2603 Private security services: private patrol operators.(2017-2018)

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Date Published: 04/12/2018 04:00 AM
AB2603:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2603


Introduced by Assembly Member Cunningham

February 15, 2018


An act to amend Sections 7583.6, 7583.10, and Section 7583.23 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 2603, as amended, Cunningham. Private security services: private patrol operators.
Existing law, the Private Security Services Act, a violation of which is a crime, provides for the licensing and regulation of private patrol operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs. The act requires a person registered pursuant to these provisions to complete a course of training in security officer skills that is administered, tested, and certified by any licensed private patrol operator, or by any organization or school approved by the department. The act authorizes the department to approve any person or school to teach the course.

This bill, instead, would authorize the department to approve any school to teach the course and would eliminate the authorization of an organization to administer, test, and certify that required training.

The act requires an employee who performs the function of a security guard or security patrolperson who is not currently registered with the bureau, upon accepting employment by a private patrol operator, to complete an application for registration, as prescribed, that includes, among other things, the signature of the employee and the employer’s certification that the employee has received a course in the exercise of the power to arrest.

This bill, instead, would require the signature of the applicant and the licensee’s or instructor’s certification that the applicant has received that course. The bill would make additional nonsubstantive changes to these provisions.

The act requires the bureau to issue a firearms permit to a licensee, a qualified manager of a licensee, or a registered security guard if certain conditions are met, including that a certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
This bill also would prohibit a certified firearms training instructor who maintains a firearms permit from self-certifying or requalifying himself or herself as having met that requirement. Because a violation of that prohibition would be a crime, the bill would impose a state-mandated local program. In order to recertify or requalify, the bill would require a firearms training instructor to attend an exposed firearm class or requalification by another certified firearms training instructor, and to successfully complete a written examination prepared by the bureau and a training course in the carrying and use of firearms approved by the bureau.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.Section 7583.6 of the Business and Professions Code is amended to read:
7583.6.

(a)A person entering the employ of a licensee to perform the functions of a security guard or a security patrolperson shall complete a course in the exercise of the power to arrest prior to being assigned to a duty location.

(b)Except for a registrant who has completed the course of training required by Section 7583.45, a person registered pursuant to this chapter shall complete not less than 32 hours of training in security officer skills within six months from the date the registration card is issued. Sixteen of the 32 hours shall be completed within 30 days from the date the registration card is issued.

(c)A course provider shall issue a certificate to a security guard upon satisfactory completion of a required course, conducted in accordance with the department’s requirements. A private patrol operator may provide training programs and courses in addition to the training required in this section. A registrant who is unable to provide his or her employing licensee the certificate of satisfactory completion required by this subdivision shall complete 16 hours of the training required by subdivision (b) within 30 days of the date of his or her employment and shall complete the 16 remaining hours within six months of his or her employment date.

(d)The department shall develop and approve by regulation a standard course and curriculum for the skills training required by subdivision (b) to promote and protect the safety of persons and the security of property. For this purpose, the department shall consult with consumers, labor organizations representing private security officers, private patrol operators, educators, and subject matter experts.

(e)The course of training required by subdivision (b) may be administered, tested, and certified by any licensee, or by a school approved by the department. The department may approve any school to teach the course.

(f)(1)On and after January 1, 2005, a licensee shall annually provide each employee registered pursuant to this chapter with eight hours of specifically dedicated review or practice of security officer skills prescribed in either course required in Section 7583.6 or 7583.7.

(2)A licensee shall maintain at the principal place of business or branch office a record verifying completion of the review or practice training for a period of not less than two years. The records shall be available for inspection by the bureau upon request.

(g)This section does not apply to a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who has successfully completed a course of study in the exercise of the power to arrest approved by the Commission on Peace Officer Standards and Training, or a federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code, who has successfully completed a course of study in the exercise of the power to arrest. This section does not apply to armored vehicle guards.

SEC. 2.Section 7583.10 of the Business and Professions Code is amended to read:
7583.10.

The application shall be verified and shall include all of the following:

(a)The full name, residence address, telephone number, and date of birth of the applicant.

(b)The name, address, telephone number, and license number of the employer and the date the employment commenced.

(c)The signature of the applicant and the licensee’s or instructor’s certification that the applicant has received a course in the exercise of the power to arrest.

(d)A statement as to whether the applicant has been convicted of a misdemeanor, excluding minor traffic violations.

(e)A statement as to whether the applicant has been convicted of a felony.

(f)The application fee provided for in this chapter or the regulations adopted pursuant thereto, except as provided in Section 7583.9.

SEC. 3.SECTION 1.

 Section 7583.23 of the Business and Professions Code is amended to read:

7583.23.
 The bureau shall issue a firearms permit when all of the following conditions are satisfied:
(a) The applicant is a licensee, a qualified manager of a licensee, or a registered security guard subject to the following:
(1) The firearms permit may only be associated with the following:
(A) A sole owner of a sole ownership licensee, pursuant to Section 7582.7 or 7525.1. 7525.1 or 7582.7.
(B) A partner of a partnership licensee, pursuant to Section 7582.7 or 7525.1. 7525.1 or 7582.7.
(C) A qualified manager of a licensee, pursuant to Section 7536 or 7582.22.
(D) A security guard registrant.
(2) If the firearms permit is associated with a security guard registration, he or she is subject to the provisions of Section 7583.47, regardless of any other license possessed or associated with the firearms permit.
(b) (1) A certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.
(2) A certified firearms training instructor who maintains a firearms permit is prohibited from self-certifying or requalifying himself or herself as having successfully completed the exam and course described in paragraph (1). To recertify or requalify, a firearms training instructor shall attend an exposed firearm class or requalification by another certified firearms training instructor and successfully complete a written examination prepared by the bureau as well as a training course in the carrying and use of firearms approved by the bureau.
(c) The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct. In lieu of a classifiable fingerprint card, the applicant may submit fingerprints into an electronic fingerprinting system administered by the Department of Justice. An applicant who submits his or her fingerprints by electronic means shall have his or her 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 terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.
(d) The bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of his or her duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the Penal Code.
(e) The applicant has produced evidence to the firearm training facility that he or she is a citizen of the United States or has permanent legal alien status in the United States. Evidence of citizenship or permanent legal alien status shall be that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, United States Department of Justice, Immigration and Naturalization Service Form I-151 or I-551, Alien Registration Receipt Card, naturalization documents, or birth certificates evidencing lawful residence or status in the United States.
(f) The application is accompanied by the application fees prescribed in this chapter.
(g) Beginning January 1, 2018, or on a date to be determined by the bureau, but no later than July 1, 2018, the applicant is a registered security guard and he or she has been found capable of exercising appropriate judgment, restraint, and self-control, for the purposes of carrying and using a firearm during the course of his or her duties, pursuant to Section 7583.47.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.