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ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2453

 

security guards; revisions; study committee

 

Purpose

 

Makes various changes to statutes relating to security guards, including an increase in the required amount of firearms training, a requirement that the Director of the Department of Public Safety (DPS) adopt rules for a firearms training curriculum and a requirement that security guards notify their employers and DPS within 48 hours of any arrest.  Establishes a private investigator and security guard study committee.   

 

Background

 

Security guards are people employed by a private security service, excluding regularly commissioned police or peace officers, who do not possess the authority of a regularly commissioned police officer and any duties they perform are performed in the capacity of a private citizen.  Current law requires security guards and armed security guards to obtain a registration certificate and agencies to obtain a license issued by DPS.

 

With respect to security guards carrying firearms, currently, at least eight hours of firearms instruction in the use of the weapon is required if a firearm is used within the scope of employment.  All firearms training and qualifications must be conducted by a firearms instructor certified by the Director of DPS and must be completed before the security guard is assigned to any position requiring the carrying of a firearm.  H.B. 2453 increases the amount of firearms training required for security guards to sixteen hours and requires the Director of DPS to adopt rules for a firearms training curriculum.

 

The Director of DPS may suspend or revoke a license or registration certificate for acts such as conviction of a felony or conviction of any crime involving fraud, physical violence, illegal sexual conduct or the illegal use or possession of a deadly weapon.  H.B. 2453 requires security guards to notify their employers and DPS within 48 hours of any arrest and also requires their employers to notify DPS within 24 hours after receiving notification. 

 

Finally, H.B. 2453 establishes a study committee to examine several issues affecting security guards and private investigations, including standards for hiring and training, uniform and insignia, fees for licensure and registration, regulation of in-house security and the problems and benefits of provisional certificates.

 

There is no anticipated fiscal impact to the state general fund.  DPS has indicated that it would absorb the costs associated with the increase in the amount of firearms instruction and the implementation of the expected firearms training curriculum within its current budget.

 

Provisions

 

1.      Requires uniformed armed security guards to have an identification card visibly displayed throughout the course of their employment.

 

2.      Increases, from 8 hours to 16 hours, the amount of firearms instruction for security guards.

 

3.      Requires the Director of DPS to adopt rules for a firearms training curriculum.

 

4.      Requires security guards, within 48 hours of their arrest, to notify their employers and DPS of the arrest.  Requires the employer to notify DPS within 24 hours after receiving notification of the arrest.

 

5.      Eliminates the requirement that a quorum at a private investigator and security guard hearing board meeting include certain individuals. 

 

6.      Establishes an 11-member private investigator and security guard study committee (committee) to examine issues relating to private investigators and security guards, including standards for hiring and training, uniform and insignia, license and registration fees, the regulation of in-house security and the problems and benefits of provisional certificates.

 

7.      Prescribes the membership of the committee.

 

8.      Requires the committee to submit a report of its findings and recommendations to the Governor and Legislature by December 1, 2001. 

 

9.      Terminates the committee on January 1, 2002.

 

10.  Makes clarifying, technical and conforming changes.

 

11.  Provides for a general effective date.

 

House Action

 

PIRA               1/25/01   DP    9-0-0-1

3rd Read           2/19/01            40-18-2-0

 

 

Prepared by Senate Staff

March 19, 2001