BILL NUMBER: SB 1626 CHAPTERED
BILL TEXT
CHAPTER 745
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1998
APPROVED BY GOVERNOR SEPTEMBER 22, 1998
PASSED THE SENATE AUGUST 19, 1998
PASSED THE ASSEMBLY AUGUST 13, 1998
AMENDED IN ASSEMBLY JUNE 18, 1998
AMENDED IN SENATE MAY 6, 1998
AMENDED IN SENATE APRIL 20, 1998
AMENDED IN SENATE MARCH 30, 1998
INTRODUCED BY Senator Hughes
FEBRUARY 12, 1998
An act to add Section 7583.45 to the Business and Professions
Code, to amend Section 35021.5 of, and to add Sections 38001.5 and
72330.5 to, the Education Code, and to amend Section 832.2 of the
Penal Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1626, Hughes. Peace officers: school security officers:
training.
Existing law requires every school peace officer, including a
school police reserve officer, to complete a course of training
approved by the Commission on Peace Officer Standards and Training
relating directly to the role of school peace officers. Existing law
requires any person employed as a school peace officer prior to the
date that the Commission on Peace Officer Standards and Training
approves the course of training to complete the course of instruction
by January 1, 1996.
This bill would revise and recast these provisions to delete
references to peace officers and certain obsolete provisions. The
bill also would impose specified criminal records check requirements
for security guards in a K-12 school district or California community
college district, and require, after July 1, 2000, every security
guard who works more than 20 hours a week as a security guard in a
K-12 school district or California community college district to
complete a course of training developed, as specified, no later than
July 1, 1999, by the Bureau of Security and Investigative Services of
the Department of Consumer Affairs.
The bill also would make a conforming and technical change.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7583.45 is added to the Business and
Professions Code, to read:
7583.45. (a) After July 1, 2000, every security guard working on
the property of a public 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 complete a 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.
(b) No security guard required to register pursuant to this
chapter who completes the course of training specified in subdivision
(a) shall be hired on contract to work or shall continue to work as
a school security officer on the property of a K-12 or community
college school district after July 1, 2000, unless both of the
following conditions are met:
(1) (A) 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) 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) 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) The applicant or contracted employee has been determined not
to be prohibited from employment by a 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 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 35021.5 of the Education Code is amended to read:
35021.5. (a) The governing board of a school district may
establish an unpaid volunteer school police reserve officer corps to
supplement a police department established pursuant to Section 38000.
Any person deputized by a school district as a school police
reserve officer shall complete the training prescribed by Section
832.2 of the Penal Code.
(b) It is the intent of the Legislature to allow school districts
to use volunteer school police reserve officers to the extent
necessary to provide a safe and secure school environment.
SEC. 3. Section 38001.5 is added to the Education Code, 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 school security officer employed by
a school district who works more than 20 hours a week as a school
security officer shall complete a 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 of the Business and Professions Code. If any 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 district property of any kind or to report any
unlawful activity to the district and local law enforcement agencies.
(d) No school security officer shall be employed or shall continue
to be employed by the district after July 1, 2000, until both of the
following conditions have been met:
(1) (A) The applicant or employee has submitted to the district
two copies of his or her fingerprints on forms or electronically, as
prescribed by the Department of Justice. The 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) 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) 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) 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 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. 4. Section 72330.5 is added to the Education Code, 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 school security officer employed by
a community college district who works more than 20 hours a week as a
school security officer shall complete a 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 of the Business and Professions
Code. If any 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 district property of any kind or to
report any unlawful activity to the district and local law
enforcement.
(d) No security officer shall be employed or shall continue to be
employed by the district after July 1, 2000, until both of the
following conditions have been met:
(1) (A) The applicant or employee has submitted to the district
two copies of his or her fingerprints on forms or electronically, as
prescribed by the Department of Justice. The 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) 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) 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) 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 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. 5. Section 832.2 of the Penal Code is amended to read:
832.2. Every school police reserve officer, as described in
Section 38000 of the Education Code, shall complete a course of
training approved by the Commission on Peace Officer Standards and
Training relating directly to the role of school police reserve
officers.
The school police reserve officer training course shall address
guidelines and procedures for reporting offenses to other law
enforcement agencies that deal with violence on campus and other
school related matters, as determined by the Commission on Peace
Officer Standards and Training.