Bill Text: CA AB229 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Private investigators, proprietary security services, private security services, and alarm companies: training: use of force.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 697, Statutes of 2021. [AB229 Detail]
Download: California-2021-AB229-Amended.html
NOYES
business business, or public agency as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, shall complete a course of training in the exercise of the powers to arrest and a course of training in the carrying and use of firearms. This subdivision shall not apply to armored vehicle guards hired prior to January 1, 1977. Armored vehicle guards hired on or after January 1, 1977, shall complete a course of training in the carrying and use of
firearms, but shall not be required to complete a course of training in the exercise of the powers to arrest. The course of training in the carrying and use of firearms shall not be required of any employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and use of firearms and the course of training in the exercise of the powers to arrest shall meet the standards which shall be prescribed by the Department of Consumer Affairs. The department shall encourage restraint and caution in the use of firearms. business business, or public agency as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, shall complete a course of training in the exercise of the power to arrest and the appropriate use of force and a course of training in the carrying and use of firearms. This subdivision shall not apply to armored vehicle guards hired prior to January 1, 1977. Armored vehicle guards hired on or after January 1, 1977, shall complete
a course of training in the carrying and use of firearms, but shall not be required to complete a course of training in the exercise of the power to arrest and the appropriate use of force. The course of training in the carrying and use of firearms shall not be required of any employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and use of firearms and the course of training in the exercise of the power to arrest and the appropriate use of force shall meet the standards which shall be prescribed by the Department of Consumer Affairs. The department shall encourage restraint and caution in the use of firearms.
Bill Title: Private investigators, proprietary security services, private security services, and alarm companies: training: use of force.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 697, Statutes of 2021. [AB229 Detail]
Download: California-2021-AB229-Amended.html
|
Amended
IN
Assembly
March 02, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 229
| Introduced by Assembly Member Holden |
January 12, 2021 |
An act to amend Sections 7583.3 and 7587.9 of of, and to amend, repeal, and add Sections 7542, 7574.18, 7583.5, 7583.6, 7583.7, 7583.10, 7585, 7585.6, 7596, 7596.3, 7598.1, 7598.2, 7598.3, 7599.37, and 7599.38 of of, the Business and Professions Code, relating to professions. professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 229, as amended, Holden.
Use of force instruction: private security guards: alarm company responders.
Existing law, the Private Security Services Act, prohibits a person required to be registered as a security guard from engaging in specified conduct, including, but not limited to, carrying or using a firearm unless they possess a valid and current firearms permit. The law requires a successful applicant for a firearm firearms qualification card to complete a specified course in the carrying and use of firearms. A violation of the act is a crime.
This bill would, in addition, prohibit them from carrying or using a firearm or baton unless the
security guard is an employee of a private patrol operator licensee,
licensee or an employee of the state or a political subdivision of the state, and commencing January 1, 2023, would require the course in the carrying and use of firearms to include training in the appropriate use of force, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law requires an applicant for a security guard registration to complete a course in the exercise of the power to arrest. Existing law requires the course to be approximately 8 hours long and cover specified topics, including responsibilities and ethics in citizen arrest and limitations on security guard power to arrest.
This bill, commencing January 1, 2023, would, among other things, add topics related to the appropriate use of force to the
training course described above, including training on the use of objectively reasonable force. The bill would also extend the required length of the course to 10 hours. The bill would also require training regarding implicit and explicit bias, cultural competency, and deescalation techniques.
Existing law, the Alarm Company Act, regulates, among other things, the training of persons who respond to an alarm to include training regarding the exercise of the power of arrest.
This bill would, by January 1, 2023, require persons governed by these provisions who respond to an alarm to have similar training in the appropriate use of force, and would increase the duration of the required training from 2 to 4 hours.
The bill would make conforming changes.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7542 of the Business and Professions Code is amended to read:7542.
(a) (1) A licensee or qualified manager of a licensee who, in the course of that person’s employment or business, carries a deadly weapon shall do both of the following:(A) Complete a training course in the exercise of the powers to arrest, as specified in Section 7583.7.
(B) Complete a training course in the carrying and use of firearms, as specified in Sections 7585, 7585.1, 7585.2, and 7585.6.
(2) A licensee or qualified manager of a licensee shall not carry or use a firearm unless that person has met the requirements of Sections 7542.2, 7542.3, and
7542.7 and possesses a valid firearms qualification card.
(b) A licensee or qualified manager of a licensee who possesses a valid firearms qualification card shall comply with, and be subject to, Sections 7542.4, 7542.5, 7542.6, 7542.9, 7542.10, 7542.11, and 7542.12.
(c) A licensee or qualified manager of a licensee who possesses a valid firearms qualification card may carry a firearm capable of being concealed upon the person in a concealed manner if that person complies with applicable provisions set forth in Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 of the Penal Code.
(d) If a firearms qualification card is denied, the denial shall be in writing and shall describe the basis
for the denial. The denial shall inform the applicant that if the applicant desires a review by the Private Investigator Disciplinary Review Committee to contest the denial, the review shall be requested of the director within 30 days following the issuance of the denial. A review or hearing shall be held pursuant to Section 7519.3. However, no review or hearing shall be granted to an individual who is otherwise prohibited by law from carrying a firearm.
(e) (1) If a firearms qualification card is denied on the basis of the results of an assessment pursuant to Section 7583.47, the denial shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if the applicant desires to contest the denial, the applicant shall request a hearing within 30 days of the issuance of the
denial.
(2) Appeals of denials pursuant to this subdivision shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) (1) Subparagraph (A) of paragraph (1) of subdivision (a) shall not apply to either of the following:
(A) 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, approved by the Commission on Peace Officer Standards and Training, in the exercise of the power to arrest.
(B) 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.
(2) Subparagraph (B) of paragraph (1) of subdivision (a) shall not apply to either of the following:
(A) 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 use of firearms.
(B) 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 use of firearms.
(g) This section shall remain in effect only until January 1,
2023, and as of that date is repealed.
SEC. 2.
Section 7542 is added to the Business and Professions Code, to read:7542.
(a) (1) A licensee or qualified manager of a licensee who, in the course of that person’s employment or business, carries a deadly weapon shall do both of the following:(A) Complete a training course in the exercise of the power to arrest and the appropriate use of force, as specified in Section 7583.7.
(B) Complete a training course in the carrying and use of firearms, as specified in Sections 7585, 7585.1, 7585.2, and 7585.6.
(2) A licensee or qualified manager of a licensee shall not carry or use a firearm unless that person has
met the requirements of Sections 7542.2, 7542.3, and 7542.7 and possesses a valid firearms qualification card.
(b) A licensee or qualified manager of a licensee who possesses a valid firearms qualification card shall comply with, and be subject to, Sections 7542.4, 7542.5, 7542.6, 7542.9, 7542.10, 7542.11, and 7542.12.
(c) A licensee or qualified manager of a licensee who possesses a valid firearms qualification card may carry a firearm capable of being concealed upon the person in a concealed manner if that person complies with applicable provisions set forth in Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 of the Penal Code.
(d) If a firearms qualification card is denied, the denial
shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if the applicant desires a review by the Private Investigator Disciplinary Review Committee to contest the denial, the review shall be requested of the director within 30 days following the issuance of the denial. A review or hearing shall be held pursuant to Section 7519.3. However, no review or hearing shall be granted to an individual who is otherwise prohibited by law from carrying a firearm.
(e) (1) If a firearms qualification card is denied on the basis of the results of an assessment pursuant to Section 7583.47, the denial shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if the applicant desires to contest the denial, the applicant shall
request a hearing within 30 days of the issuance of the denial.
(2) Appeals of denials pursuant to this subdivision shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) (1) Subparagraph (A) of paragraph (1) of subdivision (a) shall not apply to either of the following:
(A) 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, approved by the Commission on Peace Officer Standards and Training, in the exercise of the power to arrest and the appropriate use of force.
(B) 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 and the appropriate use of force.
(2) Subparagraph (B) of paragraph (1) of subdivision (a) shall not apply to either of the following:
(A) 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 use of firearms.
(B) 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 use of firearms.
(g) This section shall become operative on January 1, 2023.
SEC. 3.
Section 7574.18 of the Business and Professions Code is amended to read:7574.18.
(a) Except for a person who has completed the course of training required by Section 7583.45, a person registered and hired as a proprietary private security officer shall complete training in security officer skills within six months from the date upon which registration is issued, or within six months of their employment with a proprietary private security employer.(b) (1) Except as provided in paragraph (2), a course provider shall issue a certificate to a proprietary private security officer upon satisfactory completion of a required course, conducted in accordance with the department’s requirements.
(2) If a proprietary private security employer administers a course of training pursuant to this section, that proprietary private security employer shall issue a certificate to a proprietary private security officer for the completion of training in security officer skills that each proprietary private security officer is required to complete, as determined by the department, including, but not limited to, power-to-arrest training. However, the employer shall not be required to provide a certificate for training courses provided pursuant to a curriculum adopted by the department that are specific to that employer’s business and where the subject of training is not specifically required by the department.
(c) An employer of a proprietary private security officer may provide training programs and courses in addition to the training required
in this section.
(d) The department shall develop and establish by regulation a standard course and curriculum, which shall include a minimum number of hours of instruction, for the skills training required by subdivision (a) to promote and protect the safety of persons and the security of property. For this purpose, the regulations adopted by the department pursuant to Section 7574.5, as added by Chapter 721 of the Statutes of 2007, are continued in existence, and shall be amended by the department as necessary.
(e) The course of training required by subdivision (a) may be administered, tested, and certified by any proprietary private security employer, organization, or school approved by the department. The department may approve any proprietary private security employer,
organization, or school to teach the course.
(f) (1) A proprietary private security employer shall annually provide each employee registered pursuant to this chapter with specifically dedicated review or practice of security officer skills prescribed in the training required in this section. The bureau shall adopt and approve by regulation the minimum number of hours required for annual review.
(2) A proprietary private security employer 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 department 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. This section does not apply to armored vehicle guards.
(h) A person registered and hired as a proprietary private security officer may submit Verification of Military Experience and Training (VMET) records that document that the person has completed equivalent military training in lieu of completing a course of training in security officer skills pursuant to subdivision (a). The department shall determine the type of equivalent military training that qualifies to serve as a substitute.
(i) This
section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.
Section 7574.18 is added to the Business and Professions Code, to read:7574.18.
(a) Except for a person who has completed the course of training required by Section 7583.45, a person registered and hired as a proprietary private security officer shall complete training in security officer skills within six months from the date upon which registration is issued, or within six months of their employment with a proprietary private security employer.(b) (1) Except as provided in paragraph (2), a course provider shall issue a certificate to a proprietary private security officer upon satisfactory completion of a required course, conducted in accordance with the department’s requirements.
(2) If a proprietary private security employer administers a course of training pursuant to this section, that proprietary private security employer shall issue a certificate to a proprietary private security officer for the completion of training in security officer skills that each proprietary private security officer is required to complete, as determined by the department, including, but not limited to, training in the exercise of the power to arrest and the appropriate use of force. However, the employer shall not be required to provide a certificate for training courses provided pursuant to a curriculum adopted by the department that are specific to that employer’s business and where the subject of training is not specifically required by the department.
(c) An employer of a proprietary private security officer may provide
training programs and courses in addition to the training required in this section.
(d) The department shall develop and establish by regulation a standard course and curriculum, which shall include a minimum number of hours of instruction, for the skills training required by subdivision (a) to promote and protect the safety of persons and the security of property. For this purpose, the regulations adopted by the department pursuant to Section 7574.5, as added by Chapter 721 of the Statutes of 2007, are continued in existence, and shall be amended by the department as necessary.
(e) The course of training required by subdivision (a) may be administered, tested, and certified by any proprietary private security employer, organization, or school approved by the department. The
department may approve any proprietary private security employer, organization, or school to teach the course.
(f) (1) A proprietary private security employer shall annually
provide each employee registered pursuant to this chapter with specifically dedicated review or practice of security officer skills prescribed in the training required in this section. The bureau shall adopt and approve by regulation the minimum number of hours required for annual review.
(2) A proprietary private security employer 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 department 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 and the appropriate use of force approved by the Commission on Peace Officer Standards and Training. This section does not apply to armored vehicle guards.
(h) A person registered and hired as a proprietary private security officer may submit Verification of Military Experience and Training (VMET) records that document that the person has completed equivalent military training in lieu of completing a course of training in security officer skills pursuant to subdivision (a). The department shall determine the type of equivalent military training that qualifies to serve as a substitute.
(i) This section shall become operative on January 1, 2023.
SEC. 5.
Section 7583.3 of the Business and Professions Code is amended to read:7583.3.
No person required to be registered as a security guard pursuant to this chapter shall do any of the following:(a) Fail to carry on their person, while on duty, a valid and current security guard registration card, or if pending receipt of the registration card after the bureau’s approval, a hardcopy printout of the approved security guard registration information from the bureau’s internet website and a valid picture identification pursuant to Section 7583.17.
(b) Fail to carry on their person when carrying a firearm on duty either a valid and current firearms permit, or if pending receipt of the permit after the bureau’s approval, a hardcopy
printout of the approved firearms permit information from the bureau’s internet website and a valid picture identification pursuant to Section 7583.12.
(c) Carry or use a firearm unless they possess a valid and current firearms permit that is associated with a valid and current security guard registration issued pursuant to this chapter.
(d)Carry or use a firearm or baton, as authorized by this chapter, unless the security guard is an employee of a private patrol operator licensee.
(e)
(d) Fail to report to their employer within 24 hours of the incident the circumstances surrounding any incident involving the discharge of any firearm in which they are involved while acting within the course and scope of their employment.
(e) Carry or use a firearm or baton, as authorized by this chapter, unless the security guard is an employee of a private patrol operator licensee or an employee of the state or a political subdivision of the state.
SEC. 6.
Section 7583.5 of the Business and Professions Code is amended to read:7583.5.
(a) Every licensee and any person employed and compensated by a licensee, other lawful(b) No licensee or uniformed employee of a licensee shall carry or use any firearm unless the licensee or employee has in their possession a valid firearm
firearms qualification card.
(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 7.
Section 7583.5 is added to the Business and Professions Code, to read:7583.5.
(a) Every licensee and any person employed and compensated by a licensee, other lawful(b) No licensee or uniformed employee of a licensee shall carry or use any firearm unless the licensee or employee has in their possession a valid firearm
firearms qualification card.
(c) This section shall become operative on January 1, 2023.
SEC. 8.
Section 7583.6 of the Business and Professions Code is amended to read:7583.6.
(a) Each applicant for a security guard registration shall complete a course in the exercise of the power to arrest as a condition for the issuance of the registration. A course provider authorized to provide the training pursuant to Section 7583.7 shall issue a certificate of completion to the person upon satisfactory completion of the training. The course provider shall conduct the training in accordance with Section 7583.7 and any applicable regulations adopted by the bureau.(b) Except for a registrant who has completed the course of training required by Section 7583.45, a security guard registrant shall complete not less than 32 hours of training in security officer skills
within six months from the date an initial registration is issued. A security guard registrant shall complete 16 of the 32 hours within 30 days from the date the registration is issued.
(c) A course provider, which is authorized to provide the training required by subdivision (b) pursuant to subdivision (f), shall issue a certificate of completion to a registrant after the registrant completes each training course. The course provider shall conduct the trainings in accordance with any applicable regulations adopted by the bureau subject to this chapter.
(d) A registrant who is unable to provide their employing licensee the certificates of satisfactory completion of the trainings required by subdivisions (a) and (b) shall complete 16 hours of the training required by subdivision (b)
within 30 days of the registrant’s employment date, and shall complete the 16 remaining hours within six months of the registrant’s employment date.
(e) A registrant shall annually complete eight hours of specifically dedicated review or practice of security officer skills prescribed in this section, Section 7583.7, or by the bureau by regulation.
(f) The trainings specified in this section may be administered, tested, and certified by one of the following:
(1) Any licensee.
(2) Any training facility certified pursuant to this chapter.
(3) Any organization or school approved by the bureau. The bureau
shall approve any instructor of an organization or school who will administer the trainings specified in this section to ensure that the organization or school complies with the requirements of this chapter, as well as any applicable regulations.
(g) (1) A registrant shall maintain the certificate of completion the registrant received for each training course prescribed in this section for not less than two years from the date the training was completed. The registrant shall provide the records to the bureau upon request.
(2) A licensee shall maintain at the principal place of business or branch office a record for each of its registrant employees verifying completion of the trainings required by this section for a period of not less than two years from the date the
trainings were completed. The records shall be available for inspection by the bureau upon request.
(h) 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.
(i) The bureau shall develop and approve by regulation a standard course and curriculum for the skills trainings required by this
section to promote and protect the safety of persons and the security of property.
(j) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9.
Section 7583.6 is added to the Business and Professions Code, to read:7583.6.
(a) Each applicant for a security guard registration shall complete a course in the exercise of the power to arrest and the appropriate use of force as a condition for the issuance of the registration. A course provider authorized to provide the training pursuant to Section 7583.7 shall issue a certificate of completion to the person upon satisfactory completion of the training. The course provider shall conduct the training in accordance with Section 7583.7 and any applicable regulations adopted by the bureau.(b) Except for a registrant who has completed the course of training required by Section 7583.45, a security guard registrant shall complete not less
than 32 hours of training in security officer skills within six months from the date an initial registration is issued. A security guard registrant shall complete 16 of the 32 hours within 30 days from the date the registration is issued.
(c) A course provider, which is authorized to provide the training required by subdivision (b) pursuant to subdivision (f), shall issue a certificate of completion to a registrant after the registrant completes each training course. The course provider shall conduct the trainings in accordance with any applicable regulations adopted by the bureau subject to this chapter.
(d) A registrant who is unable to provide the registrant’s employing licensee the certificates of satisfactory completion of the trainings required by subdivisions (a) and (b) shall
complete 16 hours of the training required by subdivision (b) within 30 days of the registrant’s employment date and shall complete the 16 remaining hours within six months of the registrant’s employment date.
(e) A registrant shall annually complete eight hours of specifically dedicated review or practice of security officer skills prescribed in this section, Section 7583.7, or by the bureau by regulation.
(f) The trainings specified in this section may be administered, tested, and certified by one of the following:
(1) Any licensee.
(2) Any training facility certified pursuant to this chapter.
(3) Any organization or school approved by the bureau. The bureau shall approve any instructor of an organization or school who will administer the trainings specified in this section to ensure that the organization or school complies with the requirements of this chapter, as well as any applicable regulations.
(g) (1) A registrant shall maintain the certificate of completion the registrant received for each training course prescribed in this section for not less than two years from the date the training was completed. The registrant shall provide the records to the bureau upon request.
(2) A licensee shall maintain at the principal place of business or branch office a record for each of its registrant employees verifying completion of the trainings
required by this section for a period of not less than two years from the date the trainings were completed. The records shall be available for inspection by the bureau upon request.
(h) 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 and the appropriate use of force 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 and the appropriate use of force.
(i) This section does not apply to
armored vehicle guards.
(j) (1) The bureau shall develop and approve by regulation a standard course and curriculum for the skills trainings required by this section to promote and protect the safety of persons and the security of property.
(2) The bureau shall develop an outline for the course and curriculum described in paragraph (1) in consultation with the Commission on Peace Officer Standards and Training.
(k) This section shall become operative on January 1, 2023.
SEC. 10.
Section 7583.7 of the Business and Professions Code is amended to read:7583.7.
(a) The course of training in the exercise of the power to arrest may be administered, tested, and certified by any licensee or by any organization or school approved by the department. The department may approve any person or school to teach the course in the exercise of the power to arrest. The course of training shall be approximately eight hours in length and shall cover the following topics:(1) Responsibilities and ethics in citizen arrest.
(2) Relationship between a security guard and a peace officer in making an arrest.
(3) Limitations
on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(6) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical emergencies.
(9) Security officer safety.
(10) Any other topic deemed
appropriate by the bureau.
(b) The majority of the course shall be taught by means of verbal instruction. This instruction may include the use of a video presentation.
(c) The department shall make available a guidebook as a standard for teaching the course in the exercise of the power to arrest. The department shall encourage additional training and may provide a training guide recommending additional courses to be taken by security personnel.
(d) Private patrol operators shall provide a copy of the guidebook described in subdivision (c) to each person that they currently employ as a security guard and to each individual that they intend to hire as a security guard. The private patrol operator shall provide the guidebook
to each person they intend to hire as a security guard a reasonable time prior to the time the person begins the course in the exercise of the power to arrest.
(e) The bureau may inspect, supervise, or view the administration of the test at any time and without any prior notification. Any impropriety in the administration of the course or the test shall constitute grounds for disciplinary action.
(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 11.
Section 7583.7 is added to the Business and Professions Code, to read:7583.7.
(a) The course of training in the exercise of the power to arrest and the appropriate use of force may be administered, tested, and certified by any licensee or by any organization or school approved by the department. The department may approve any person or school to teach the course in the exercise of the power to arrest and the appropriate use of force. The department may review and provide more guidance on courses of training when best practices are updated. The course of training shall be approximately 10 hours in length and shall cover all of the following topics:(1) Responsibilities and ethics in citizen arrest.
(2) Relationship between a security guard and a peace officer
in making an arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities, including both of the following:
(A) Personal liability.
(B) Employer liability.
(6) Trespass law.
(7) Ethics and communications.
(8) Emergency situation response, including response to medical emergencies.
(9) Security officer safety.
(10) The appropriate use of force, including all of the following topics:
(A) Legal standards for use of force.
(B) Duty to intercede.
(C) The use of objectively reasonable force.
(D) Supervisory responsibilities.
(E) Use of force review and analysis.
(F) Deescalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence.
(G) Implicit and explicit bias and cultural competency.
(H) Skills, including deescalation techniques, to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues.
(I) Use of force scenario training, including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decisionmaking.
(J) Mental health and policing, including bias and stigma.
(K) Active shooter situations.
(11) Any other topic deemed appropriate by the
bureau, excluding Weapons of Mass Destruction and Terrorism Awareness, which may be an elective topic only.
(b) (1) The majority of the course shall be taught by means of verbal instruction. This instruction may include the use of a video presentation.
(2) Paragraph (10) of subdivision (a) shall be conducted through traditional classroom instruction. For the purposes of this paragraph, “traditional classroom instruction” means instruction where the instructor is physically present with students in a classroom and is available to answer students’ questions while providing the required training. In this setting, the instructor provides demonstrations and hands-on instruction in order to establish each student’s proficiency as to the course content.
(c) The department shall 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. The department shall encourage additional training and may provide a training guide
recommending additional courses to be taken by security personnel.
(d) Private patrol operators shall provide a copy of the guidebook described in subdivision (c) to each person that they currently employ as a security guard and to each individual that they intend to hire as a security guard. The private patrol operator shall provide the guidebook to each person the private patrol operator intends to hire as a security guard a reasonable time prior to the time the person begins the course in the exercise of the power to arrest and the appropriate use of force.
(e) The bureau may inspect, supervise, or view the administration of the test at any time and without any prior notification. Any impropriety in the administration of the course or the test shall constitute grounds
for disciplinary action.
(f) This section shall become operative on January 1, 2023.
SEC. 12.
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 of the entity that administered the course in the exercise of the power to arrest to the applicant.
(1) If the course provider is a licensee, the bureau-issued license number and the license expiration date.
(2) If the course provider is a certified firearms training facility or baton training facility, the bureau-issued facility certificate number
and the certificate expiration date.
(3) If the course provider is an approved trainer in the exercise of the power to arrest, the approved trainer number issued by the bureau.
(c) The name of the person who taught the course in the exercise of the power to arrest completed by the applicant.
(d) The serial number on the certificate of completion the course provider issued to the applicant upon completion of the course in the exercise of the power to arrest.
(e) A statement that the applicant has completed the training course in the exercise of the power to arrest, as specified in Section 7583.7.
(f) A statement as to whether the applicant has been convicted of a misdemeanor, excluding minor traffic violations.
(g) A statement as to whether the applicant has been convicted of a felony.
(h) The application fee provided for in this chapter or the regulations adopted pursuant thereto, except as provided in Section 7583.9.
(i) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 13.
Section 7583.10 is added to the Business and Professions Code, 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 of the entity that administered the course in the exercise of the power to arrest and the appropriate use of force to the applicant.
(1) If the course provider is a licensee, the bureau-issued license number and the license expiration date.
(2) If the course provider is a certified firearms training facility or baton
training facility, the bureau-issued facility certificate number and the certificate expiration date.
(3) If the course provider is an approved trainer in the exercise of the power to arrest and the appropriate use of force, the approved trainer number issued by the bureau.
(c) The name of the person who taught the course in the exercise of the power to arrest and the appropriate use of force completed by the applicant.
(d) The serial number on the certificate of completion the course provider issued to the applicant upon completion of the course in the exercise of the power to arrest and the appropriate use of force.
(e) A statement that the applicant has
completed the training course in the exercise of the power to arrest and the appropriate use of force, as specified in Section 7583.7.
(f) A statement as to whether the applicant has been convicted of a misdemeanor, excluding minor traffic violations.
(g) A statement as to whether the applicant has been convicted of a felony.
(h) The application fee provided for in this chapter or the regulations adopted pursuant thereto, except as provided in Section 7583.9.
(i) This section shall become operative on January 1, 2023.
SEC. 14.
Section 7585 of the Business and Professions Code is amended to read:7585.
The course of training in the carrying and usage of firearms, the satisfactory completion of which shall be required of applicants who wish to obtain a firearms qualification card, shall be in the format prescribed by the Department of Consumer Affairs as delineated in the bureau’s “Firearms Training Manual.” The course of training contained in the manual shall include, but not be limited to, the following:(a) Moral and legal aspects of firearms usage.
(b) Firearms nomenclature and maintenance.
(c) Weapon handling and shooting fundamentals.
(d) Emergency procedures.
(e) Prequalification range training, including the firing of practice rounds.
(f) Qualification course of fire.
(g) Examination which has been provided by the bureau of the subject matter taught.
(h) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 15.
Section 7585 is added to the Business and Professions Code, to read:7585.
The course of training in the carrying and usage of firearms, the satisfactory completion of which shall be required of applicants who wish to obtain a firearms qualification card, shall be in the format prescribed by the Department of Consumer Affairs as delineated in the bureau’s “Firearms Training Manual.” The course of training contained in the manual shall include, but not be limited to, the following:(a) Moral and legal aspects of firearms usage.
(b) Firearms nomenclature and maintenance.
(c) Weapon handling and shooting fundamentals.
(d) Emergency procedures.
(e) Prequalification range training, including the firing of practice rounds.
(f) Qualification course of fire.
(g) Examination which has been provided by the bureau of the subject matter taught.
(h) The appropriate use of force, as described in paragraph (10) of subdivision (a) of Section 7583.7.
(i) This section shall become operative on January 1, 2023.
SEC. 16.
Section 7585.6 of the Business and Professions Code is amended to read:7585.6.
(a) All firearms course material provided to the certificate holder in the “Firearms Training Manual” issued by the bureau shall be covered in each class session. Any course textbook or manual developed to be used by a firearm training facility as a course in the carrying and usage of firearms shall include the aspects of employee restraint and defensive missions of security guards in addition to following the format delineated in the bureau’s “Firearms Training Manual” and shall be examined and approved by the bureau prior to use. Once the bureau has approved the textbooks or manuals, all firearm 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 eight hours for the initial firearms qualification.The range instruction for the initial firearms qualification shall not exceed eight hours and shall cover the following subjects:
(1) Range safety and procedure.
(2) Demonstration and dry firing.
(3) Practice rounds.
(4) Qualification firing.
(b) If a person fails to successfully complete the range instruction, that person may, at the discretion of the firearms training facility, continue range instruction for an additional eight hours. However, the person
shall, in order to receive a firearms qualification card, be required to successfully pass the range instruction within 30 days of the passage of the classroom instruction.
(c) Prior to range instruction a person shall participate in the classroom instruction and pass a bureau-developed examination of the subject matter with a minimum score of 85 percent. If a person fails to pass the written examination, they shall once more participate in the entire classroom instruction prior to retaking the examination. In no event shall a firearm instructor review the examination question by question with a person, allow a person to review the examination questions and answers, or in any manner assist a person with the examination.
(d) This section shall remain in effect only until January
1, 2023, and as of that date is repealed.
SEC. 17.
Section 7585.6 is added to the Business and Professions Code, to read:7585.6.
(a) All firearms course material provided to the certificate holder in the “Firearms Training Manual” issued by the bureau shall be covered in each class session. In no event shall the class instruction total less than 10 hours for the initial firearms qualification.The range instruction for the initial firearms qualification shall not exceed eight hours and shall cover the following subjects:
(1) Range safety and procedure.
(2) Demonstration and dry firing.
(3) Practice rounds.
(4) Qualification firing.
(b) If a person fails to successfully complete the range instruction, that person may, at the discretion of the firearms training facility, continue range instruction for an additional eight hours. However, the person shall, in order to receive a firearms qualification card, be required to successfully pass the range instruction within 30 days of the passage of the classroom instruction.
(c) Prior to range instruction a person shall participate in the classroom instruction and pass a bureau-developed examination of the subject matter with a minimum score of 85 percent. If a person fails to pass the written examination, they shall once more participate in the entire classroom instruction prior
to retaking the examination. In no event shall a firearm instructor review the examination question by question with a person, allow a person to review the examination questions and answers, or in any manner assist a person with the examination.
(d) This section shall become operative on January 1, 2023.
SEC. 18.
Section 7587.9 of the Business and Professions Code is amended to read:7587.9.
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) and (b) of Section 7583.3; one hundred fifty dollars ($150) per violation.
(b) Violation of subdivision (c) or (d) (e) of Section 7583.3; five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) per violation for each violation thereafter.
(c) Violation of Section 7583.4; five hundred dollars ($500) per violation.
SEC. 19.
Section 7596 of the Business and Professions Code is amended to read:7596.
(a) Every person licensed, registered, or designated under this chapter, who in the course of their employment carries a firearm, shall complete a course of training in the carrying and use of firearms and shall receive a firearms qualification card prior to the carrying of such a firearm and shall complete a course in the exercise of the powers to arrest. A registration card issued by the bureau pursuant to Section 7598.14 may also serve as a firearms qualification card if so indicated on the face of the card.(b) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 20.
Section 7596 is added to the Business and Professions Code, to read:7596.
(a) Every person licensed, registered, or designated under this chapter, who in the course of their employment carries a firearm, shall complete a course of training in the carrying and use of firearms and shall receive a firearms qualification card prior to the carrying of such a firearm and shall complete a course in the exercise of the power to arrest and the appropriate use of force. A registration card issued by the bureau pursuant to Section 7598.14 may also serve as a firearms qualification card if so indicated on the face of the card.(b) This section shall become operative on January 1, 2023.
SEC. 21.
Section 7596.3 of the Business and Professions Code is amended to read:7596.3.
The director shall issue a firearms permit when all of the following conditions exist:(a) The applicant is a licensee, a qualified manager of a licensee, a designated branch office manager of a licensee, or a registered alarm agent. A firearms permit may only be associated with the following:
(1) A sole owner of a sole ownership licensee.
(2) A partner of a partnership licensee.
(3) A qualified manager of a licensee.
(4) A designated branch office manager of a
licensee.
(5) A registered alarm agent.
(b) 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 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 terminal
operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.
(c) A certified firearms training instructor certifies that the applicant has successfully completed the bureau-approved training course in the carrying and use of firearms.
(d) The applicant has provided the bureau with evidence that the applicant has completed a course in the exercise of the powers to arrest.
(e) The applicant is at least 21 years of age and the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of their duties, presents no apparent threat to the public safety, or the carrying and use of a firearm by the applicant is not in violation of the
Penal Code.
(f) The applicant has produced evidence to the firearm training facility that the applicant 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, 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.
(g) The application is accompanied by the fee prescribed in this chapter.
(h) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 22.
Section 7596.3 is added to the Business and Professions Code, to read:7596.3.
The director shall issue a firearms permit when all of the following conditions exist:(a) The applicant is a licensee, a qualified manager of a licensee, a designated branch office manager of a licensee, or a registered alarm agent. A firearms permit may only be associated with the following:
(1) A sole owner of a sole ownership licensee.
(2) A partner of a partnership licensee.
(3) A qualified manager of a licensee.
(4) A designated branch
office manager of a licensee.
(5) A registered alarm agent.
(b) 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 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 terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.
(c) A certified firearms training instructor certifies that the applicant has successfully completed the bureau-approved training course in the carrying and use of firearms.
(d) The applicant has provided the bureau with evidence that the applicant has completed a course in the exercise of the power to arrest and the appropriate use of force.
(e) The applicant is at least 21 years of age and the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of their duties, presents no apparent threat to the public safety, or the carrying and use of a firearm
by the applicant is not in violation of the Penal Code.
(f) The applicant has produced evidence to the firearm training facility that the applicant 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, 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.
(g) The application is accompanied by the fee prescribed in this chapter.
(h) This section shall become operative on January 1, 2023.
SEC. 23.
Section 7598.1 of the Business and Professions Code is amended to read:7598.1.
(a) Every person entering the employ of a licensee, performing the function of an alarm agent who responds to alarm systems shall complete a course in the exercise of the powers to arrest, prior to being assigned to a duty location responding to an alarm system.(b) Evidence of completion shall consist of certification by the licensee or instructor that the exercise of the powers to arrest course has been taught, the date the course was taught, and certification by the employee that the instruction was received. Evidence of completion of the powers to arrest course
shall be maintained in the licensee’s employee records and made available to the bureau upon request.
(c) A qualified manager is not required to register under this article.
(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 24.
Section 7598.1 is added to the Business and Professions Code, to read:7598.1.
(a) Every person entering the employ of a licensee, performing the function of an alarm agent who responds to alarm systems shall complete a course in the exercise of the power to arrest and the appropriate use of force, prior to being assigned to a duty location responding to an alarm system.(b) Evidence of completion shall consist of certification by the licensee or instructor that the exercise of the powers to arrest course has been taught, the date the course was taught, and certification by the employee that the instruction was received. Evidence of completion of the powers to arrest course
shall be maintained in the licensee’s employee records and made available to the bureau upon request.
(c) A qualified manager is not required to register under this article.
(d) This section shall become operative on January 1, 2023.
SEC. 25.
Section 7598.2 of the Business and Professions Code is amended to read:7598.2.
(a) The course of training in the exercise of the power to arrest may be administered, tested, and certified by any licensee. The department may approve any person or school to teach the course in the exercise of the power to arrest. The course of training shall be approximately two hours in length and cover the following topics:(1) Responsibilities and ethics in citizen arrest.
(2) Relationship with the public police in arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(b) The department shall make available a guide book guidebook as a standard for teaching the course in the exercise of the power to arrest. The department shall encourage additional training and may provide a training guide recommending additional courses.
(c) This section shall remain in effect
only until January 1, 2023, and as of that date is repealed.
SEC. 26.
Section 7598.2 is added to the Business and Professions Code, to read:7598.2.
(a) The course of training in the exercise of the power to arrest and the appropriate use of force may be administered, tested, and certified by any licensee. The department may approve any person or school to teach the course in the exercise of the power to arrest and the appropriate use of force. The course of training shall be approximately four hours in length and cover the following topics:(1) Responsibilities and ethics in citizen arrest.
(2) Relationship with the public police in arrest.
(3) Limitations on security guard power to arrest.
(4) Restrictions on searches and seizures.
(5) Criminal and civil liabilities.
(A) Personal liability.
(B) Employer liability.
(6) The appropriate use of force, including all of the following topics:
(A) Legal standards for use of force.
(B) Duty to intercede.
(C) The use of objectively reasonable force.
(D) Supervisory responsibilities.
(E) Use of force review and analysis.
(F) Deescalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence.
(G) Implicit and explicit bias and cultural competency.
(H) Skills, including deescalation techniques, to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues.
(I) Use of force scenario training, including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time
force option decisionmaking.
(J) Mental health and policing, including bias and stigma.
(K) Active shooter situations.
(7) Any other topic deemed appropriate by the bureau, excluding Weapons of Mass Destruction and Terrorism Awareness, which may be an elective topic only.
(b) Paragraph (6) of subdivision (a) shall be conducted through traditional classroom instruction. For the purposes of this subdivision, “traditional classroom instruction” means instruction where the instructor is physically present with students in a classroom and is available to answer students’ questions while providing the required training. In this setting, the instructor provides
demonstrations and hands-on instruction in order to establish each student’s proficiency as to the course content.
(c) The department shall make available a guide book guidebook as a standard for teaching the course in the exercise of the power to arrest. The department shall encourage additional training and may provide a training guide recommending additional courses.
(d) This section shall become operative on January 1, 2023.
SEC. 27.
Section 7598.3 of the Business and Professions Code is amended to read:7598.3.
(a) No employee of a licensee performing the function of an alarm agent who responds to alarm systems shall be issued a firearms qualification card until proper certification by the instructor that the exercise of the power to arrest course has been taught and the employee’s certification that the instruction was received has been delivered to the department.(b) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 28.
Section 7598.3 is added to the Business and Professions Code, to read:7598.3.
(a) No employee of a licensee performing the function of an alarm agent who responds to alarm systems shall be issued a firearms qualification card until proper certification by the instructor that the course of training in the exercise of the power to arrest and the appropriate use of force has been taught, and the employee’s certification that the instruction was received, has been delivered to the department.(b) This section shall become operative on January 1, 2023.
SEC. 29.
Section 7599.37 of the Business and Professions Code is amended to read:7599.37.
(a) Each licensee shall maintain an accurate and current record of proof of completion of the course of training in the exercise of the power to arrest as required by Section 7598.1, by each of their employees. A violation of this section may result in a fine of five hundred dollars ($500) for each violation.(b) This section shall remain in effect only until January 1, 2023,
and as of that date is repealed.
SEC. 30.
Section 7599.37 is added to the Business and Professions Code, to read:7599.37.
(a) Each licensee shall maintain an accurate and current record of proof of completion of the course of training in the exercise of the power to arrest and the appropriate use of force as required by Section 7598.1, by each of their employees. A violation of this section may result in a fine of five hundred dollars ($500) for each violation.(b) This section shall become operative on January 1, 2023.
SEC. 31.
Section 7599.38 of the Business and Professions Code is amended to read:7599.38.
(a) Each licensee shall certify an employee’s completion of the course of training in the exercise of power to arrest, or obtain proof that the training has been administered by a bureau-approved training facility, prior to allowing the employee to respond to an alarm system as required by Section 7598.1. A violation of this section may result in a fine of five hundred dollars ($500) for each violation.(b) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 32.
Section 7599.38 is added to the Business and Professions Code, to read:7599.38.
(a) Each licensee shall certify an employee’s completion of the course of training in the exercise of the power to arrest and the appropriate use of force, or obtain proof that the training has been administered by a bureau-approved training facility, prior to allowing the employee to respond to an alarm system as required by Section 7598.1. A violation of this section may result in a fine of five hundred dollars ($500) for each violation.(b) This section shall become operative on January 1, 2023.
