AB 229

Bill Subjects

Abstract

(1) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Director of Consumer Affairs, and makes a violation of its provisions a crime. Existing law requires a licensee or qualified manager of a licensee who carries a deadly weapon in the course of that person's employment or business to complete a training course in the exercise of the power to arrest. This bill, on and after January 1, 2023, would eliminate that requirement. (2) Existing law, the Proprietary Security Services Act, provides for the licensure and regulation of proprietary private security officers by the director, and makes a violation of its provisions a crime. Existing law requires proprietary private security officers to complete a course of training in security officer skills developed by the Department of Consumer Affairs that includes power-to-arrest training. This bill, on and after January 1, 2023, would instead require the course in security officer skills to include training in the exercise of the power to arrest and the appropriate use of force. (3) (A) Existing law, the Private Security Services Act, provides for the regulation and licensure of private patrol operators and the registration of security guards by the director, and makes a violation of its provisions a crime. The act prohibits a person who is required to be registered as a security guard from carrying or using a firearm or baton unless they possess a valid and current permit, and makes a first violation subject to a $500 fine and each subsequent violation subject to a $1,000 fine. This bill would also prohibit a person required to be registered as a security guard from carrying or using a firearm or baton unless the security guard is an employee of a private patrol operator, the state, or a political subdivision of the state. By expanding the scope of a crime, the bill would impose a state-mandated local program. (B) The act requires a licensed private patrol operator to deliver to the director within 7 days a written report describing the circumstances surrounding the discharge of any firearm or physical altercation with a member of the public while on duty by a licensee and specified others while acting within the course and scope of their employment. Existing law makes a violation of that provision subject to a $1,000 fine for a first violation and a $2,500 fine for each subsequent violation. This bill would instead require the report to be delivered to the director within 7 business days and would revise the types of incidents required to be reported, including, among other things, requiring any physical use of force or violence on any person while on duty to be reported. The bill would increase the amount of the fine for any violation to $5,000. (C) The act requires each applicant for registration as a security guard to complete training in security officer skills, and requires the Bureau of Security and Investigative Services to develop a standard course and curriculum for the training. This bill, on and after January 1, 2023, would require the bureau to develop an outline for the course and curriculum for security officer skills training in consultation with the Commission on Peace Officer Standards and Training. (D) The act requires an applicant for a security guard registration to complete a course of training in the exercise of the power to arrest as a condition of the issuance of the registration, and specifies topics to be included in that course, including responsibilities and ethics in citizen arrest. The act requires a registrant and employing licensee to maintain the certificate of completion for the training course for at least 2 years. The act requires a private patrol operator to provide a copy of a department guidebook in the exercise of the power to arrest to employees. This bill would instead require a registrant to maintain the certificate of completion for the course until their registration expires or has been canceled, and would require a licensee to maintain the certificate for the duration of the registrant's employment. The bill would require a registrant who is unable to provide their employing licensee with a certificate of completion to complete the training within 6 months of the registrant's employment date. The bill, on and after January 1, 2023, would require each applicant to complete a course of training in the exercise of the power to arrest and the appropriate use of force, would require the subject of appropriate use of force to include specified topics, including legal standards for the use of force, and would require appropriate use of force to be conducted through traditional classroom instruction. The bill, on and after January 1, 2023, would authorize the department to review and provide more guidance on courses of training when best practices are updated and would delete the requirement that private patrol operators provide copies of the department guidebook to their employees. (E) The act authorizes the director to deny, suspend, or revoke a license, firearm qualification card, or baton permit if the licensee or the licensee's manager, officer, director, or partner commits specified acts, including committing assault, battery, or kidnaping or for using force or violence on any person without proper justification. This bill, on and after January 1, 2023, would also authorize the director deny, suspend, or revoke a license, firearm qualification card, or baton permit for use of force in violation of standards prescribed by the bureau by regulation. (4) The Private Security Services Act and the Private Investigator Act require a private patrol operator, security guard, or private investigator to complete a course of training in the carrying and usage of firearms in order to obtain a firearms qualification card or firearms permit. Existing law requires the course of training in the carrying and usage of firearms to be in a format prescribed by the department and delineated in the Firearms Training Manual of the Bureau of Security and Investigative Services. Existing law requires any course textbook or manual to be used as a course in the carrying and usage of firearms to include aspects of employee restraint and defensive missions of security guards. This bill, on and after January 1, 2023, would include appropriate use of force in the course of training and would delete the provision requiring the textbook or manual to include aspects of employee restraint and defensive missions. (5) Existing law, the Alarm Company Act, provides for the regulation and licensure of alarm company operators, the registration of alarm agents, and the certification of qualified managers by the director. The act requires a person who is licensed, registered, or designated as a branch office manager who carries a firearm in the course of their employment to complete a course of training in the carrying and use of firearms and obtain a firearms qualification card from the director. Existing law also requires those individuals to complete a course of training in the exercise of the power to arrest that is approximately 2 hours in length and covers various topics, including responsibilities and ethics in citizen arrest. Existing law requires every licensee and every person entering the employ of a licensee performing the function of an alarm agent to complete a course in the exercise of the power to arrest. This bill, on and after January 1, 2023, would instead require those licensed, registered, or designated persons to complete a course of training in the exercise of the power to arrest and the appropriate use of force that is approximately 4 hours in length and would require the subject of appropriate use of force to be conducted through traditional classroom instruction and include specified topics, including legal standards for the use of force. The bill, on and after January 1, 2023, would require every licensee and every person entering the employ of a licensee performing the functions of an alarm agent to complete a course in the exercise of the power to arrest and the appropriate use of force. (6) This bill would make conforming and other nonsubstantive changes. (7) 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. (8) This bill would incorporate additional changes to Section 7596.3 of the Business and Professions Code proposed by AB 830 to be operative only if this bill and AB 830 are enacted and this bill is enacted last.