California Business and Professions Code 7583.2 – A person licensed as a private patrol operator shall not do any of …
A person licensed as a private patrol operator shall not do any of the following:
(a) Fail to properly maintain an accurate and current record of all firearms or other deadly weapons that are in the possession of the licensee or of any employee while on duty. Within seven days after a licensee or the licensee’s employees discover that a deadly weapon that has been recorded as being in the licensee’s possession has been misplaced, lost, or stolen, or is in any other way missing, the licensee or their manager shall mail or deliver to any local law enforcement agency that has jurisdiction, a written report concerning the incident. The report shall describe fully the circumstances surrounding the incident, any injuries or damages incurred, the identity of all participants, and whether a police investigation was conducted.
Terms Used In California Business and Professions Code 7583.2
- Arrest: Taking physical custody of a person by lawful authority.
- bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.4
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
- employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7580.9
- employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- licensee: means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored contract carrier. See California Business and Professions Code 7580.6
- manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Business and Professions Code 7580.7
- person: includes any individual, firm, company, association, organization, partnership, and corporation. See California Business and Professions Code 7580.3
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(b) Fail to properly maintain an accurate and current record of the name, address, commencing date of employment, and position of each employee, and the date of termination of employment when an employee is terminated.
(c) Fail to properly maintain an accurate and current record of proof of completion by each employee of the licensee of the trainings and for the retention period specified in Section 7583.6.
(d) Fail to certify proof of current and valid registration for each employee who is subject to registration.
(e) Permit any employee to carry a firearm or other deadly weapon without first ascertaining that the employee is proficient in the use of each weapon to be carried. With respect to firearms, evidence of proficiency shall include a certificate from a firearm training facility approved by the director certifying that the employee is proficient in the use of that specified caliber of firearm and a current and valid firearm qualification permit issued by the department. With respect to other deadly weapons, evidence of proficiency shall include a certificate from a training facility approved by the director certifying that the employee is proficient in the use of that particular deadly weapon.
(f) (1) Fail to deliver to the director 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 or any officer, partner, or employee of a licensee while acting within the course and scope of their employment within seven business days after the qualifying incident.
(2) The report shall be required only for physical altercations that result in any of the following:
(A) The arrest of a security guard.
(B) The filing of a police report by a member of the public.
(C) A member of the public requiring any type of first aid or other medical attention.
(D) The discharge, suspension, or reprimand of a security guard by their employer.
(E) Any physical use of force or violence on any person while on duty.
(3) The report shall include, but not be limited to, a description of any injuries or damages incurred, the identity of all participants, and whether a police investigation was conducted. Any report may be investigated by the director to determine if any disciplinary action is necessary.
(4) A report shall not be required when a security officer or multiple security officers are requested by hospital staff to assist in restraining a patient by either holding the patient or limiting the movement of the patient for medical or mental health reasons.
(g) Fail to notify the bureau in writing and within 30 days that a manager previously qualified pursuant to this chapter is no longer connected with the licensee.
(h) Fail to administer to each registered employee of the licensee, the review or practice training required by subdivision (e) of Section 7583.6.
(Amended by Stats. 2022, Ch. 287, Sec. 17. (AB 2515) Effective January 1, 2023.)