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Legislative Year: 2021 Change
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Bill Detail: HB21-1120

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Title License Private Security Guards
Status Introduced In House - Assigned to Judiciary (02/18/2021)
Bill Subjects
  • Professions & Occupations
House Sponsors M. Weissman (D)
Y. Caraveo (D)
Senate Sponsors
House Committee Judiciary
Senate Committee
Date Introduced 02/18/2021
Summary

The bill creates the Guard Training and Standards Act (Act). The
Act requires the following persons to obtain a license to practice their
occupation:
  • Armed guards who, for financial compensation, carry a
firearm and may use physical force to protect a person or
property;

  • Protection guards who, for financial compensation, may
use physical force to protect a person or property; and
  • Security guards who, for financial compensation, secure a
person or property.
The Act also requires a guard employer to be registered with the director
of the division of professions and occupations in the department of
regulatory agencies (director).
The licensing is administered by the director, who, subject to the
administrative procedures act, has the power and duty to:
  • Promulgate rules;
  • Establish licensure fees;
  • Investigate, hold hearings, and gather evidence;
  • Enter, during business hours, the business premises of a
licensee where violations are alleged to have occurred;
  • Take disciplinary action upon proof of a violation of the
Act or the rules promulgated to implement the Act;
  • Issue cease-and-desist orders;
  • Apply to a court for an order enjoining any act or practice
that violates the Act;
  • Approve training programs that are required to meet the
standards for licensure as a protection guard or an armed
guard;
  • Implement a requirement that protection guards and armed
guards wear body cameras and record interactions with
members of the public in a similar manner to the
requirements for peace officers;
  • Set marking, design, and equipment standards for motor
vehicles used by a guard in the guard's duties;
  • Set standards for uniforms, including external
identification, worn by a guard;
  • Set standards for when it is appropriate to wear plain
clothes and for the issuance of a plainclothes permit; and
  • Establish a procedure and standards for waiving a portion
of the training required for a protection guard or an armed
guard to be issued a license.
A person may use the titles of security guard, protection guard,
or armed guard only if the person is licensed. A person who engages in
the occupation of being a guard without the required license or who
employs a guard without a registration commits a class 2 misdemeanor
for the first offense and a class 6 felony for the second or subsequent
offense. Peace officers are exempt from the licensing requirements.
To be issued a license, a person must apply, pay a fee, prove
qualifications as required in the Act, and submit to a criminal history
background check. Upon being licensed, the person is given a license
document that contains the guard's photograph and other relevant
information.
Security guards are prohibited from carrying a firearm and using
physical force to secure or protect people or property. To be qualified for
a security guard license, a person must not have a conviction within the
last 10 years for certain crimes that relate to violence or unlawful sexual
behavior or for attempting or conspiring to commit these types of crimes.
Protection guards are prohibited from carrying a firearm. To be
qualified for a protection guard license, a person must:
  • Not have a conviction, within the last 10 years, for the
same type of crimes described for security guards; and
  • Have successfully completed 80 hours of training that is
approved by rule and covers the obligations and restrictions
imposed on a protection guard by the Act.
To be qualified for an armed guard license, a person must:
  • Have a concealed carry permit for firearms;
  • Not have a conviction, within the last 10 years, for the
same type of crimes described for security guards;
  • Have successfully completed 80 hours of training that is
approved by rule and covers the obligations and restrictions
imposed on an armed guard by the Act; and
  • Have completed firearms training that is substantially
equivalent to the training required to be certified as a peace
officer.
To renew a protection guard license or armed guard license, the
license holder must successfully complete 8 hours of training approved
by the director by rule.
Within 30 days after a felony or misdemeanor conviction for
certain listed crimes, which are broader than the crimes that disqualify a
person to be a guard because the crimes cover certain property offenses
and offenses involving fraud, a guard must report the conviction to the
director. Within 30 days after terminating the employment of a guard for
misconduct, a guard employer must report the termination and the
misconduct that is the basis for the termination to the director. Within 30
days after using physical force to protect a person or property, a guard and
the guard's employer must report the use of physical force to the director.
The report must include the demographic information, as required by rule,
of the guard using physical force and of the individual subjected to the
physical force.
The director will maintain a database of licensed guards. The
database contains the name of each licensee and the following
information about each licensee:
  • Each criminal conviction of the type the guard must report;
and
  • Each termination of employment for misconduct and the
misconduct.
The director will make the database available, including online through
the director's website, to a registered guard employer.
The Act establishes standards of conduct for guards that include
obeying the Act and rules promulgated under the Act and the following
standards:
  • All guards must:
  • Wear a uniform unless the guard has been issued a
plainclothes permit;
  • Carry the guard's license;
  • Use a vehicle that complies with the marking,
design, and equipment rules promulgated by the
director; and
  • Not use a canine to detect explosive devices unless
the canine is certified by a nationally recognized
training association or a law enforcement agency,
and the guard handling the canine is one of the
canine's primary handlers.
  • An armed guard must wear a form of identification on the
outermost part of the armed guard's uniform.
The director sets standards for issuing a plainclothes permit.
The director may discipline each type of guard or a guard employer
for:
  • Fraud or intentional misrepresentation in obtaining or
attempting to obtain, reinstate, or renew a license;
  • Violating a currently valid order of the director;
  • Violating the Act or a rule promulgated under the Act;
  • Being convicted of a felony when acting within the course
and scope of the guard's duties;
  • Using false advertising or intentionally misleading
advertising;
  • Failing to meet the mentioned standards of practice;
  • Failing to pay a fine assessed by the director; and
  • Using deadly force or authorizing the use of deadly force
against any individual unless the use of deadly force is
necessary to prevent an immediate risk of serious physical
harm to an individual.
The director may discipline or require additional training of:
  • A security guard for using unlawful physical force on
another person;
  • A protection guard or armed guard for:
  • Failing to use a body camera;
  • Using physical force that is prohibited for peace
officers to use; or
  • Being convicted of a crime that would disqualify the
protection guard or armed guard from being issued
a license; and
  • A guard employer for:
  • Authorizing a guard to take an action that is a
ground for discipline;
  • Failing to ensure that protection guards and armed
guards use body cameras; or
  • Failing to make a required report.
The director may adopt rules establishing fines that the director
may impose on a licensee for violating the Act or rules under the Act,
with a minimum fine of not less than $50 and a maximum fine of not
more than $5,000 per violation.
In accordance with the sunset law, the Act will repeal on
September 1, 2031. Before the repeal, the Act is scheduled for review by
the department of regulatory agencies.

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