Bill Text: CA SB390 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School safety: school security officers and security guards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 475, Statutes of 2019. [SB390 Detail]

Download: California-2019-SB390-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 390

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Introduced by Senator Umberg

February 20, 2019

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An act to amend Section 7583.45 of the Business and Professions Code, and to amend Sections 38001.5 and 72330.5 of the Education Code, relating to school safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 390, as introduced, Umberg. School districts and community college districts: school security officers and security guards.

Under existing law, every school security officer employed by a school district or community college district, and every security guard working on the property of a school district or community college district pursuant to a contract with a private licensed security agency, who works more than 20 hours a week as a school security officer or security guard is required to complete a course of training developed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training.

This bill would require those school security officers and security guards to complete that training course regardless of the number of hours worked per week and to complete the training course annually. To the extent that this requirement would impose additional duties on school districts and community college districts, the bill would impose a state-mandated local program. The bill would require, by January 1, 2021, the bureau, in consultation with the commission, to update the training to reflect current school district and community college district security standards.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 7583.45 of the Business and Professions Code is amended to read:

7583.45.

 (a) After July 1, 2000, every (1) Every security guard working on the property of a public K-12 K–12 school district or community college district pursuant to a contract with a private licensed security agency who works more than 20 hours per week, shall annually complete a the latest course of training developed no later than July 1, 1999, by the Bureau of Security and Investigative Services of the Department of Consumer Affairs. The course shall be developed in consultation with the Commission on Peace Officer Standards and Training.

(2) The Bureau of Security and Investigative Services of the Department of Consumer Affairs, in consultation with the Commission on Peace Officer Standards and Training, shall, by January 1, 2021, update the training developed pursuant to paragraph (1) to reflect current school district and community college district security standards.

(b) No (1) A security guard required to register pursuant to this chapter who completes the course of training specified in subdivision (a) shall not be hired on contract to work or and shall not continue to work as a school security officer on the property of a K-12 K–12 school district or community college school district after July 1, 2000, unless both of the following conditions are met:

(1)(A)

(A) (i) The applicant or contracted employee has submitted two copies of his or her fingerprints on forms or electronically, as prescribed by the Department of Justice, to the Bureau of Security and Investigative Services of the Department of Consumer Affairs. The Bureau of Security and Investigative Services of the Department of Consumer Affairs shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation.

(B)

(ii) An applicant or contracted employee who holds a permanent registration with the Bureau of Security and Investigative Services as a security guard need only submit one copy of his or her fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation.

(C)

(iii) An applicant or contracted employee who is registered by the Bureau of Security and Investigative Services, and who holds a firearms qualification card as specified in Section 7583.22, is exempt from the requirements of this subdivision.

(2)

(B) The applicant or contracted employee has been determined not to be prohibited from employment by a K-12 K–12 school district pursuant to Sections 44237 and 45122.1 of the Education Code or legally prohibited from employment by a community college, and had been determined by the Department of Justice not to be a person prohibited from possessing a firearm if the applicant is required to carry a firearm.

The

(2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms.

(c) For the purposes of this section, “security guard” means any person primarily employed or assigned to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by a school district to protect persons or property, to prevent the theft or unlawful taking of district property of any kind, or to report any unlawful activity to the district and local law enforcement agencies.

SEC. 2.

 Section 38001.5 of the Education Code is amended to read:

38001.5.

 (a) It is the intent of the Legislature to ensure the safety of pupils, staff, and the public on or near California’s public schools, by providing school security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter.

(b) After July 1, 2000, every Every school security officer employed by a school district who works more than 20 hours a week as a school security officer shall annually complete a the latest course of training developed no later than July 1, 1999, by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.31 7583.45 of the Business and Professions Code. If any a school security officer subject to the requirements of this subdivision is required to carry a firearm while performing his or her duties, that school security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code.

(c) For purposes of this chapter, “school security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by a school district to protect persons or property or to prevent the theft or unlawful taking of school district property of any kind or to report any unlawful activity to the school district and local law enforcement agencies.

(d) No (1) A school security officer shall not be employed or and shall not continue to be employed by the a school district after July 1, 2000, until both of the following conditions have been met:

(1)(A)

(A) (i) The applicant or employee has submitted to the school district two copies of his or her fingerprints on forms or electronically, as prescribed by the Department of Justice. The school district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation.

(B)

(ii) An applicant or contracted employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of his or her fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation.

(C)

(iii) An applicant or contracted employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision.

(2)

(B) The applicant or employee has been determined not to be a person prohibited from employment by a school district pursuant to Sections 44237 and 45122.1, or by the Department of Justice from possessing a firearm if the applicant is required to carry a firearm.

The

(2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms.

(e)Every school security officer employed by a school district prior to July 1, 2000, who works more than 20 hours a week as a school security officer shall meet the requirements of subdivision (b) by July 1, 2002, unless he or she has completed an equivalent course of instruction pursuant to Section 832.2 of the Penal Code.

SEC. 3.

 Section 72330.5 of the Education Code is amended to read:

72330.5.

 (a) It is the intent of the Legislature to ensure the safety of pupils, staff, and the public on or near California’s community colleges, by providing community college security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter.

(b) After July 1, 2000, every Every school security officer employed by a community college district who works more than 20 hours a week as a school security officer shall annually complete a the latest course of training developed no later than July 1, 1999, by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.31 7583.45 of the Business and Professions Code. If any a community college security officer subject to the requirements of this subdivision is required to carry a firearm while employed, that security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code.

(c) For purposes of this chapter, “security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by the community college district to protect persons or property or to prevent the theft or unlawful taking of community college district property of any kind or to report any unlawful activity to the community college district and local law enforcement.

(d) No (1) A security officer shall not be employed or and shall not continue to be employed by the a community college district after July 1, 2000, until both of the following conditions have been met:

(1)(A)

(A) (i) The applicant or employee has submitted to the community college district two copies of his or her fingerprints on forms or electronically, as prescribed by the Department of Justice. The community college district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation.

(B)

(ii) An applicant or employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of his or her fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation.

(C)

(iii) An applicant or employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision.

(2)

(B) The applicant or employee has been determined not to be a person legally prohibited from employment by the community college and has been determined by the Department of Justice not to be a person prohibited from possessing a firearm if the applicant is required to carry a firearm.

The

(2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms.

(e)Every security officer employed by a community college district prior to July 1, 2000, who works more than 20 hours a week as a school security officer shall meet the requirements of subdivision (b) by July 1, 2002, unless he or she has completed an equivalent course of instruction pursuant to Section 832.2 of the Penal Code.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.