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AB 2515 – Establishes Additional Requirements For Organizations That Directly Employ Security

CATEGORY: Nonprofit News, Private Education Matters
CLIENT TYPE: Nonprofit, Private Education
DATE: Oct 18, 2022

Any organization that employs its own security personnel must comply with the Proprietary Security Services Act or the Private Security Services Act, depending on the type of security hired, and must ensure that the security personnel also comply with the Acts.

The Proprietary Security Services Act governs the following officers, defined as “proprietary private security officers”:

  • Security officers who work exclusively for a proprietary private security employer;
  • Are unarmed;
  • With the primary duty to provide security service;
  • Wears a distinctive uniform clearly identifying the individual as a security officer; and
  • Is likely to interact with the public while performing duties.

The Private Security Services Act requires proprietary private security officers and their employers to register with the Department of Consumer Affairs.  Assembly Bill 2515 (AB 2515) amends the Proprietary Security Services Act to add additional requirements for proprietary private security employers and proprietary private security officers.  AB 2515 requires that the employers include a designated responsible person on the registration application.

Existing law requires an employer to maintain accurate records for each proprietary private security officer it hires, including the name, address, dates of employment, position, and training. AB 2515 requires that the employer make these records available to the Bureau of Security and Investigative Services upon demand.

The Private Security Services Act requires proprietary private security officers to carry on their person a valid and current proprietary private security officer’s registration card and a valid driver’s license or identification card while on duty.  AB 2515 requires that the proprietary private security officers present this registration card to any peace officer or Bureau of Security and Investigative Services representative upon demand.

Existing law authorizes the Director of Consumer Affairs to suspend or revoke a proprietary private security officer’s registration if the individual has committed any act or crime constituting grounds for suspension or revocation.  AB 2515 automatically suspends the proprietary private security officer’s registration if the individual is convicted of any crime that is substantially related to the functions, duties, and responsibilities of a proprietary private security officer, subject to certain notice and hearing requirements.

The Private Security Services Act authorizes the Director of Consumer Affairs to issue citations for a violation of the Proprietary Security Services Act. AB 2515 requires employers to deliver a written report to the Director of Consumer Affairs within 7 business days after any physical altercation between a member of the public and a proprietary private security officer if the officer was on duty and acting within the course and scope of the officer’s employment.  Employers that fail to timely submit the report are subject to a $2,500 fine for failing to deliver that report.  AB 2515 subjects employers to specified fines if they fail to properly maintain records, fail to certify proof of current valid registration, fail to administer certain training requirements, or permit employees to carry firearms or other deadly weapons.

AB 2515 subjects proprietary private security officers to specified fines if they fail to carry their registration, carry firearms or other deadly weapons, or fail to report any physical altercation between a member of public the while on duty and acting within the course and scope of employment.

AB 2515 makes the commission of specified acts by a person required to be registered as a proprietary private security officer subject to specified fines, including carrying a firearm or other deadly weapon. AB 2515 authorizes the Director of Consumer Affairs to deny, suspend, or revoke a license issued under the act if the Director of Consumer Affairs determines the proprietary private security employer, responsible person of the proprietary private security employer, or registered proprietary private security officer has engaged in specified acts, including making any false statement or giving any false information in connection with an application for a license.

(AB 2515 amends Sections 7574.13, 7574.18, 7574.21, 7574.22, 7574.30, 7583.2, 7583.5, 7583.6, 7583.7, 7583.10, 7585, 7585.6, 7587.1, 7596, 7596.3, 7598.1, 7598.2, 7598.3, 7599.37, and 7599.38 of, amends and repeals Sections 7583.33, 7583.34, and 7585.14 of, amends, repeals, and adds Sections 7581.2, 7581.3, 7583.9, 7583.37, 7588, and 7588.6 of, adds Sections 7574.37, 7574.38, 7574.39, and 7574.40 to, adds Article 4.5 (commencing with Section 7584) to Chapter 11.5 of Division 3 of, and repeals and adds Section 7574.31 of, the Business and Professions Code, and amends, repeals, and adds Section 22295 of the Penal Code.)

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