AB 2515 — Proprietary and private security services.

Summary

(1) Existing law, the Proprietary Security Services Act, prohibits a person from engaging in the business of a proprietary private security officer or a proprietary private security employer, as defined, unless the person is registered with the Department of Consumer Affairs. Existing law requires an applicant seeking registration as a proprietary private security employer to apply to the department on forms provided by the department, and to maintain accurate records of specified information relating to proprietary private security officers in their employment. Existing law requires a person registered as a proprietary private security officer to carry on their person while on duty a valid and current proprietary private security officer's registration card. This bill would require an application for registration as a proprietary private security employer to include a designated responsible person. The bill would require a proprietary private security employer to make the records they are required to maintain available to the Bureau of Security and Investigative Services upon demand, and would require a proprietary private security officer to show their proprietary private security officer registration card to any peace officer or bureau representative upon demand. Existing law authorizes the Director of Consumer Affairs to suspend or revoke a proprietary private security officer's registration if the registrant has committed any act or crime constituting grounds for suspension or revocation, as specified. This bill would delete those provisions and would instead provide that the registration of a proprietary private security officer shall be automatically suspended if they are convicted of any crime that is substantially related to the functions, duties, and responsibilities of a proprietary private security officer, in accordance with specified notice and hearing requirements. Existing law authorizes the director to issue a citation, including, among other things, an order to pay an administrative fine, for a violation of the Proprietary Security Services Act, and requires those fines collected to be deposited in the Private Security Services Fund, which is available upon appropriation by the Legislature. This bill would require a person registered as a proprietary private security employer to deliver a written report to the director describing the circumstances surrounding any physical altercation with a member of the public by a registered proprietary private security officer while on duty and while acting within the course and scope of their employment within 7 business days after the qualifying incident, as specified. The bill would impose a $2,500 fine for failing to deliver that report. The bill would make the commission of specified acts by a proprietary private security employer subject to specified fines, including failing to properly maintain current records of training required of each proprietary private security officer. The bill would make the commission of specified acts by a person required to be registered as a proprietary private security officer subject to specified fines, including carrying a firearm or other deadly weapon. The bill would authorize the director to deny, suspend, or revoke a license issued under the act if they determine the proprietary private security employer, responsible person of the proprietary private security employer, or registered proprietary private security officer has engaged in specified acts, including making any false statement or giving any false information in connection with an application for a license. (2) Existing law, the Private Security Services Act, a violation of which is a misdemeanor, provides for the licensure and regulation of private patrol operators and the registration of security guards by the Director of Consumer Affairs. The act requires a licensed private patrol operator, a qualified manager of a licensed private patrol operator, or a registered security guard who, during the course and scope of licensed activity, carries or uses a baton in the performance of their duties to possess a valid baton permit issued by a certified baton training facility in accordance with specified requirements. The act makes this provision inapplicable to peace officers and federal qualified law enforcement officers who have successfully completed a course of study in the use of batons. The act prohibits a licensed private patrol operator from permitting an employee to carry a baton before ascertaining that the employee is proficient in the use of the weapon, evidence of which includes a baton permit. The act establishes an initial baton permit fee of at least $60, but not to exceed $66, to be deposited in the Private Security Services Fund. This bill, commencing January 1, 2024, would revise and recast the requirements for obtaining a baton permit and carrying a baton under the act. The bill would require the Bureau of Security and Investigative Services to issue baton permits to applicants who meet specified conditions, including that a certified baton training instructor has attested under penalty of perjury that the applicant has successfully completed a baton training course. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would prohibit a licensee, a qualified manager of a licensee, or a security guard from carrying a baton in the course of their employment unless they are wearing a uniform, are carrying a valid baton permit issued by the bureau, and are carrying a valid license, qualified manager certificate, or security guard registration card. The bill would make those provisions inapplicable to a qualified law enforcement officer, as defined, who meets specified conditions. The bill would provide for the expiration of a baton permit 2 years from the date of issuance, and would specify requirements for renewing a baton permit, including payment of a renewal fee in the amount of at least $40 but not to exceed $44. Existing law requires a peace officer exempt from obtaining a firearm qualification card who applies for registration as a security guard to submit to the bureau with their application a letter of approval from their primary employer authorizing the peace officer to carry a firearm while working as a security guard or security officer. Existing law requires peace officers who work off duty as security guards or security officers to pay only specified fees otherwise applicable to registration as a security guard or security officer. This bill would require a peace officer exempt from obtaining a baton permit who applies for registration as a security guard to submit a letter of approval from their primary employer authorizing the peace officer to carry a baton while working as a security guard or security officer. The bill would add baton permit fees to the list of fees required to be paid by off-duty peace officers working as security guards or security officers. The bill would make conforming and other changes relating to baton permits and baton permitholders, including requiring disciplinary review committees to perform specified functions relating to baton permitholders. Because the bill would revise the scope of a crime under the act, the bill would impose a state-mandated local program. Existing law requires a licensed private patrol operator to report to the director the circumstances surrounding the discharge of any firearm or any 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 their employment, as specified. This bill would specify that a report is not required when proprietary private security officers or security officers are requested by hospital staff to assist in restraining a patient for medical or mental health reasons. Existing law, Chapter 697 of the Statutes of 2021, enacted various changes to the Proprietary Security Services Act, the Private Security Services Act, and the Alarm Company Act requiring specified licensees, registrants, permittees, certificate holders, employees, and holders of firearms qualification cards under those acts to complete training in the appropriate use of force, and enacted conforming and other changes relating to training in the appropriate use of force. Existing law makes those provisions operative on January 1, 2023. This bill would delay the operation of those provisions until July 1, 2023. Existing law requires security guards to carry a security guard registration card while on duty and carry a firearms permit while carrying a firearm on duty, except as specified. Existing law requires a security guard, who in the course of business or employment carries a firearm, to take a course in the power to arrest and, on and after January 1, 2023, a course in the appropriate use of force. Existing law requires a security guard registration application to include the expiration date of the license or certification of the course provider for those courses. This bill would repeal the requirement that the expiration date of the license or certification of the course provider be included in the security guard registration application. Existing law requires the Bureau of Security and Investigative Services to make available a guidebook as a standard for teaching the course in the exercise of the power to arrest and the appropriate use of force. Existing law requires the course of training in the carrying and usage of firearms to be in a format prescribed by the Department of Consumer Affairs as delineated in the bureau's Firearms Training Manual. Existing law, the Administrative Procedure Act, in part, establishes requirements for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill, on and after July 1, 2023, would specify the guidebook for teaching the course in the exercise of the power to arrest and the appropriate use of force may be referred to as the "Power to Arrest and Appropriate Use of Force Manual," and would exempt the bureau's development, adoption, or amendment of the Firearms Training Manual and the Power to Arrest and Appropriate Use of Force Manual from the Administrative Procedure Act. 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.

Bill Text

• Chaptered 09/13/22 - Chaptered Current pdf September 13, 2022
• Enrolled 08/29/22 - Enrolled pdf August 29, 2022
• Amended 08/11/22 - Amended Senate pdf August 11, 2022
• Amended 06/30/22 - Amended Senate pdf June 30, 2022
• Amended 06/22/22 - Amended Senate pdf June 22, 2022
• Amended 05/19/22 - Amended Assembly pdf May 19, 2022
• Amended 03/29/22 - Amended Assembly pdf March 29, 2022
• Introduced 02/17/22 - Introduced pdf February 17, 2022
• AB2515 View text html

Action History

1. September 13, 2022

   Chaptered by Secretary of State - Chapter 287, Statutes of 2022.

2. September 13, 2022

   Approved by the Governor.

3. September 06, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 25, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.).

5. August 25, 2022

   Assembly Rule 77(a) suspended.

6. August 24, 2022

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

7. August 24, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 5103.).

8. August 15, 2022

   Read second time. Ordered to third reading.

9. August 11, 2022

   Read second time and amended. Ordered returned to second reading.

10. August 11, 2022

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 11).

11. August 02, 2022

    In committee: Referred to suspense file.

12. June 30, 2022

    Read second time and amended. Re-referred to Com. on APPR.

13. June 29, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 28).

14. June 22, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

15. June 20, 2022

    From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on PUB. S.

16. June 08, 2022

    Referred to Coms. on B., P. & E.D. and PUB. S.

17. May 26, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 25, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4994.)

19. May 23, 2022

    Read second time. Ordered to third reading.

20. May 19, 2022

    Read second time and amended. Ordered returned to second reading.

21. May 19, 2022

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 19).

22. May 11, 2022

    In committee: Set, first hearing. Referred to suspense file.

23. April 19, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (April 19). Re-referred to Com. on APPR.

24. March 30, 2022

    Re-referred to Com. on B. & P.

25. March 29, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

26. March 10, 2022

    Referred to Com. on B. & P.

27. February 18, 2022

    From printer. May be heard in committee March 20.

28. February 17, 2022

    Read first time. To print.

Sponsors

• Holden · Primary

Votes

Subjects