HB 2528

The Private Protective Services Licensing and Regulatory Act (the "Act"") generally requires a license for any person to act as a contract security company and requires any individual acting as a security guard or officer to obtain a registration card. T he Act also provides rules for acting as a security company or guard. However, present law provides many exemptions to the general licensing and regulatory requirements. This bill clarifies that certain persons listed in present law are not required to ob tain a license or registration, unless otherwise specifically stated. Specifically, this bill clarifies that a reserve officer/deputy, part-time officer/deputy, or auxiliary officer/deputy who meets or exceeds the training requirements for the type of security services or location where the officer or deputy is providing s ervices is not required to obtain a registration. However, such officer or deputy must complete biannual refresher training or its equivalent. The officer or deputy is prohibited from providing security services if they have not completed required train in g within the last two years. QUALIFICATION REQUIREMENTS FOR SECURITY OFFICERS Present law prohibits an applicant from obtaining a registration card if they have a conviction for certain crimes and have completed their sentence less than five years prior to application. This bill adds stalking to the list of prohibited crimes. Ad ditionally, this bill clarifies that an applicant for a registration card to act as a security officer or guard must be a United States citizen or qualified alien. This bill prohibits applicants from obtaining a registration card if they are on any abuse registry maintained in this state or another state. Such an applicant is prohibited from obtaining a registration card for as long as the individual is on the reg istry. Further, an applicant is prohibited from obtaining a registration card if they have an order of protection, bond condition, conviction, or any other action that prohibits the applicant from possessing a firearm. TRAINING REQUIREMENTS FOR SECURITY OFFICERS Present law provides the training requirements for unarmed and armed security guards or officers. However, applicants for registration cards who are sworn peace officers and have a current certification from the police standards and training commission, or that are state or local correctional officers or jailers, are exempt from some training requirements. State correctional officers are exempt from training requirements if they have completed required basic training and annual refresher courses. Loca l correctional officers and jailers are exempt from training requirements if they have successfully completed comparable basic training and annual in service courses. This includes the requirement for refresher training to renew a registration card. Such applicants may receive a temporary registration card upon verification that they meet the requirements for training exemption. This bill eliminates such temporary registration cards. Present law requires an unarmed security guard or officer to complete two hours of refresher training before the guard or officer is eligible to renew a registration card. This bill clarifies that this refresher training requirement does not apply to an unarmed security guard or officer that has had at least two hours of equivalent training in the year prior to filing the application for renewal. Present law requires an armed security guard or officer to complete four hours of refresher training and requalify in the use of a firearm before the guard or officer is eligible to renew a registration card. This bill clarifies that this refresher trai ning requirement does not apply to an armed security guard or officer who has had at least four hours of classroom and marksmanship training in the year prior to filing the application for renewal. This bill allows an individual to submit training or continuing education to be reviewed and approved by the commissioner for any requirements listed in the Act for a fee. REPORTING REQUIREMENTS FOR ARRESTS OR CITATIONS Security Guards or Officers Present law requires a security guard or officer to provide written notice of any arrest and resulting conviction to the commissioner of commerce and insurance (""commissioner"") and the security guard or officer's employer within 30 days of the arrest or c onviction. This bill requires, instead, a security guard or officer to provide written notice to the commissioner and to the security guard or officer's employer if they have been arrested or convicted of specific crimes, including (i) any felony; (ii) any misdemea nor involving shooting a firearm or other weapon; (iii) shoplifting; (iv) assault and battery or other act of violence; (v) crimes involving the sale, manufacture, or distribution of controlled substances, drugs, or narcotics; (vi) theft of property; or ( vi i) theft of services. Written notice must be provided within 10 days of the arrest or conviction, and must include charging documents, a copy of the conviction, or any other relevant court orders. Further, this bill requires an armed security guard or officer to provide written notice to the commissioner and the guard or officer's employer within 10 days of any arrest, conviction, order of protection, bond conditions, or any other circumstances th at impact the armed security guard or officer's ability to carry a firearm. The written notice must include a copy of documents related to the conditions that restrict the ability to carry a firearm. Security Company or Proprietary Security Organization Present law requires a licensed contract security company or a proprietary security organization to provide written notice to the commissioner of any arrest or conviction of the licensee or any person employed as a security guard or officer by the licens ee or proprietary security organization within 30 days. This bill, instead, requires a licensed contract security company or a proprietary security organization to provide written notice of any arrest or citation for specific crimes, including (i) any felony; (ii) any misdemeanor involving shooting a firearm or other weapon; (iii) shoplifting; (iv) assault and battery or other act of violence; (v) crimes involving the sale, manufacture, or distribution of controlled substances, drugs, or narcotics; (vi) theft of property; or (vii) theft of services. Written no tice must be provided within 10 days of the arrest or conviction, and must include charging documents, a copy of the conviction, or any other relevant court orders. Further, this bill requires a licensed contract security company or a proprietary security organization to provide written notice to the commissioner of any arrest, conviction, order of protection, bond conditions, or any other circumstance that impacts the ability of the company's employed armed security guard or officer to carry a firearm. Written notice must be provided within 10 days and must include a copy of documents related to the conditions that restrict the ability to carry a firearm. REGULATION BY CHIEF LAW ENFORCEMENT OFFICER When a security guard or officer is working outside of that officer's primary county, present law requires the chief law enforcement officer of such county to be notified. This bill eliminates that reporting requirement and other provisions pertaining t o control over a security guard or officer working in the chief law enforcement officer's jurisdiction. Present law requires the chief law enforcement officer of a jurisdiction to be notified if a sworn peace officer from another jurisdiction is working to perform security duties in a jurisdiction other than the sworn peace officer's primary jurisdiction. This bill eliminates that notification requirement. Present law requires a sworn police officer operating in a jurisdiction other than the officer's primary jurisdiction to wear clothing and markings clearly designating the officer as a private duty law enforcement officer. This bill clarifies that a law enforcement officer may wear the officer's jurisdiction's uniform, if the jurisdiction has authorized its officers to do so. MISCELLANEOUS CHANGES Expiration of organization registration or renewal This bill clarifies that a proprietary security organization registration or renewal expires after two years. Commissioner providing free copies of the Act and related rules This bill eliminates the requirement that the commissioner provide a copy of the Act and related rules to licensees and proprietary security organizations every two years at no charge, and that the commissioner provide a copy to any other person for a fe e. Returning uniform and gear to employer Present law prohibits a security guard or officer from knowingly failing to return, within seven days of termination, any uniform, badge, device, insignia, credential, keys, or other item of equipment issued by the guard or officer's employer. This bill eliminates that provision. Making false statements about being a peace officer or government official Present law prohibits a security guard or officer from knowingly making any statement that would cause another person to believe that the guard or officer is a sworn peace officer or other government official. This bill clarifies that the prohibition also includes any innuendo, insinuation, or take any action that would cause another person to believe tha t the guard or officer is a law enforcement officer or other government official."