Section 7583.9 - Application for security guard registration; fingerprinting; criminal background check(a)The security guard registration applicant shall submit the application, the registration fee, and their fingerprints, either in the form of classifiable fingerprint cards or in an electronic format pursuant to subdivision (c), to the bureau. The bureau shall forward the classifiable fingerprint cards to the Department of Justice. The Department of Justice shall forward one classifiable fingerprint card to the Federal Bureau of Investigation for purposes of a background check.(b)If a private patrol operator pays the application fee on behalf of the applicant, nothing in this section shall preclude the private patrol operator from withholding the amount of the fee from the applicant's compensation.(c)In lieu of classifiable fingerprint cards provided for in this section, the bureau may authorize applicants to submit their fingerprints into an electronic fingerprinting system administered by the Department of Justice. Applicants who submit their fingerprints by electronic means shall have their fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the Department of Justice to conduct electronic fingerprinting. The enforcement agency responsible for operating the terminal may charge a fee sufficient to reimburse it for the costs incurred in providing this service.(d)Upon receipt of an applicant's electronic or hard card fingerprints as provided in this section, the Department of Justice shall disseminate the following information to the bureau:(1)Every conviction rendered against the applicant.(2)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.(e)(1) The requirement in subdivision (a) to submit a fingerprint card does not apply to any of the following:(A)A currently employed, full-time peace officer holding peace officer status under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.(B)A level I or level II reserve officer under paragraphs (1) and (2) of subdivision (a) of Section 832.6 of the Penal Code.(2)An individual listed in subparagraph (A) or (B) of paragraph (1) may immediately perform the functions of a security guard or security patrolperson provided that the individual has submitted an application, the applicable fees, and their fingerprints, if required to submit fingerprints pursuant to subdivision (a), to the bureau for a security guard registration.(3)This subdivision does not apply to a peace officer required to obtain a firearm qualification card pursuant to Section 7583.12.(f)Peace officers exempt from the submission of classifiable fingerprints pursuant to subdivision (e) shall submit verification of their active duty peace officer status to the bureau with their application for registration. A photocopy of the front and back of their peace officer identification badge shall be adequate verification.(g)Peace officers exempt from the submission of classifiable fingerprints pursuant to subdivision (e) shall report a change in their active duty peace officer status to the bureau within 72 hours of the change in active duty peace officer status.(h)(1) Peace officers exempt from obtaining a firearm qualification card pursuant to subdivision (d) of Section 7583.12 or exempt from obtaining a baton permit pursuant to subdivision (d) of Section 7584.1 shall submit to the bureau with their application for registration a letter of approval from their primary employer authorizing the peace officer to carry a firearm or baton while working as a security guard or security officer.(2)For purposes of this section, "primary employer" means a public safety agency currently employing a peace officer subject to this section.(i)In addition to the amount authorized pursuant to Section 7570.1, the bureau may impose an additional fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.(j)This section shall become operative on July 1, 2024.Ca. Bus. and Prof. Code § 7583.9
Added by Stats 2022 ch 287 (AB 2515),s 25, eff. 1/1/2023.Amended by Stats 2022 ch 287 (AB 2515),s 24, eff. 1/1/2023.Amended by Stats 2019 ch 377 (SB 609),s 23, eff. 1/1/2020.Amended by Stats 2016 ch 800 (SB 1196),s 25, eff. 1/1/2017.Amended by Stats 2003 ch 807 (SB 1080), s 17, eff. 1/1/2004.Amended by Stats 2002 ch 609 (SB 1241), s 4, eff. 1/1/2003.Amended by Stats 2002 ch 689 (AB 1840), s 1, eff. 1/1/2003.Amended by Stats 2000 ch 683 (SB 2123), s 2, eff. 1/1/2001.Previously Amended September 3, 1999 (Bill Number: AB 341) (Chapter 318).