Amended  IN  Assembly  July 02, 2019
Amended  IN  Assembly  June 17, 2019
Amended  IN  Senate  April 09, 2019
Amended  IN  Senate  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 385

Introduced by Senator Jones

February 20, 2019

An act to amend Sections 7520.1 and 7529 and 7542 of, to repeal Section 7520.1 of, and to amend, repeal, and add Section 7558.1 of, the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


SB 385, as amended, Jones. Private Investigator Act.
The Private Investigator Act provides for the licensure and regulation of private investigators by the Department of Consumer Affairs and the Bureau of Security and Investigative Services. That act prohibits a person from engaging in the business of a private investigator, acting or assuming to act as a private investigator, or representing that the person is licensed as a private investigator unless that person is licensed by the department, and makes a violation of this provision punishable as an infraction, as specified.
This bill would instead make a violation of that prohibition punishable as a misdemeanor, as specified. misdemeanor. By making a violation of the above-described prohibition a misdemeanor instead of an infraction, this bill would result in a state-mandated local program.
The Private Investigator Act requires, upon the issuance of a license, that a pocket card, as described, be issued by the bureau to each licensee, as specified, and provides that the pocket card is evidence that the licensee is licensed under the act. The act requires that the card contain the signature of the licensee and the signature of the Chief of the Bureau of Security and Investigative Services.
This bill would remove that signature requirement and would, on and after January 1, 2021, instead require an enhanced photo identification card to be issued upon the issuance of a license and each biennial renewal of a license, as specified, and would make conforming changes.
The Private Investigator Act requires a licensee or qualified manager who carries a deadly weapon to comply with certain requirements relating to firearms and the powers to arrest that are specified in the Private Security Services Act.
This bill would exempt a peace officer or a federal qualified law enforcement officer from those requirements provided the officer has completed a specified course of study, and the bill would also make nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 7520.1 of the Business and Professions Code is amended to read:
7520.1.

Notwithstanding any other law, any person engaging in a business as a private investigator who violates Section 7520 is guilty of a misdemeanor and is punishable by a fine of one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

SECTION 1.

 Section 7520.1 of the Business and Professions Code is repealed.
7520.1.

(a)Notwithstanding any other provision of law, any person engaging in a business as a private investigator who violates Section 7520 is guilty of an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code under either of the following circumstances:

(1)A complaint or a written notice to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code is filed in court charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being advised of his or her rights, elects to have the case proceed as a misdemeanor.

(2)The court, with the consent of the defendant and the prosecution, determines that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint.

(b)This section does not apply to a violation of Section 7520 if the defendant has had his or her license previously revoked or suspended.

(c)Notwithstanding any other provision of law, a violation of Section 7520, which is an infraction, is punishable by a fine of one thousand dollars ($1,000). No portion of the fine may be suspended by the court unless as a condition of that suspension the defendant is required to submit proof of a current valid license for the profession of private investigator which was the basis for his or her conviction.

SEC. 2.

 Section 7529 of the Business and Professions Code, as amended by Section 16 of Chapter 569 of the Statutes of 2017, is amended to read:

7529.
 (a) (1) Upon the issuance of a license, a pocket card of the size, design, and content as may be determined by the director or the director’s designee shall be issued by the bureau to each licensee, as follows:
(A) If the licensee is an individual, the pocket card shall be issued to the licensee and to the licensee’s qualified manager.
(B) If the licensee is a partnership, the pocket card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(C) If the licensee is a corporation, the pocket card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(D) If the licensee is a limited liability company, the pocket card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensee’s qualified manager.
(2) The pocket card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain a photograph of the licensee, or bearer of the card, if the licensee is other than an individual. The card shall clearly state that the person is licensed as a private investigator or is the qualified manager, officer, member, or manager of the licensee. The pocket card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the department’s costs for furnishing the pocket card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service and shall not exceed sixteen dollars ($16). When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid pocket card as provided by regulation.
(3) This subdivision shall become inoperative on January 1, 2021.
(b) (1) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the director’s designee shall be issued by the bureau to each licensee, as follows:
(A) If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensee’s qualified manager.
(B) If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(C) If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(D) If the licensee is a limited liability company, the enhanced photo identification card shall be issued to each member, officer, and manager of the licensee active in the business and to the licensee’s qualified manager.
(2) The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the department’s costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid enhanced photo identification card as provided by regulation.
(3) This subdivision shall become operative only if the January 1, 2021, repeal date for this section established in subdivision (c) is deleted or extended, and in that event shall become operative on January 1, 2021.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute deletes or extends that date.

SEC. 3.

 Section 7529 of the Business and Professions Code, as amended by Section 17 of Chapter 569 of the Statutes of 2017, is amended to read:

7529.
 (a) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the director’s designee shall be issued by the bureau to each licensee, as follows:
(1) If the licensee is an individual, the enhanced photo identification card shall be issued to the licensee and to the licensee’s qualified manager.
(2) If the licensee is a partnership, the enhanced photo identification card shall be issued to each partner of the partnership licensee active in the business and to the licensee’s qualified manager.
(3) If the licensee is a corporation, the enhanced photo identification card shall be issued to each officer active in the business and to the licensee’s qualified manager.
(b) The enhanced photo identification card is evidence that the licensee is licensed pursuant to this chapter. The card shall contain the name of the licensee, license expiration date, and a photograph of the licensee. The enhanced photo identification card shall clearly state that the person is licensed as a private investigator or is the qualified manager or officer of the licensee. The enhanced photo identification card is to be composed of a durable material and may incorporate technologically advanced security features. The bureau may recover its costs in an amount sufficient to reimburse the department’s costs for furnishing the enhanced photo identification card. The fee charged shall not exceed the actual direct costs for system development, maintenance, and processing necessary to provide this service. The total amount of costs shall be recovered by including that amount in the fee charged for the initial application of and renewal of licensure. When the position, office, or association with a licensee belonging to a person to whom a card is issued is terminated, the person shall surrender the card to the licensee and, within five days thereafter, the licensee shall mail or deliver the card to the bureau for cancellation. Every person, while engaged in any activity for which licensure is required, shall display the person’s valid enhanced photo identification card as provided by regulation.
(c) This section shall become operative on January 1, 2021.

SEC. 4.

 Section 7542 of the Business and Professions Code is amended to read:

7542.
 (a) (1) A licensee and or qualified manager who of a licensee who, in the course of his or her that person’s employment or business business, carries a deadly weapon shall complete a course of training in the exercise of the powers to arrest as specified in Section 7583.7 and a course of training in the carrying and use of firearms, as specified in Sections 7585, 7585.1, 7585.2, and 7585.6. A licensee or qualified manager shall not carry or use a firearm unless he or she has met the requirements of Sections 7542.2, 7542.3, and 7542.7 and has in his or her possession a valid firearms qualification card. A licensee or qualified manager who possesses a valid firearms qualification card shall comply with, and be subject to, Sections 7542.4, 7542.5, 7542.6, 7542.9, 7542.10, 7542.11, and 7542.12. A licensee or qualified manager who possesses a valid firearms qualification card may carry a firearm capable of being concealed upon the person in a concealed manner if he or she complies with applicable provisions set forth in Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 of the Penal Code. shall do both of the following:
(A) Complete a training course in the exercise of the powers to arrest, as specified in Section 7583.7.
(B) Complete a training course in the carrying and use of firearms, as specified in Sections 7585, 7585.1, 7585.2, and 7585.6.
(2) A licensee or qualified manager of a licensee shall not carry or use a firearm unless that person has met the requirements of Sections 7542.2, 7542.3, and 7542.7 and possesses a valid firearms qualification card.
(b) A licensee or qualified manager of a licensee who possesses a valid firearms qualification card shall comply with, and be subject to, Sections 7542.4, 7542.5, 7542.6, 7542.9, 7542.10, 7542.11, and 7542.12.
(c) A licensee or qualified manager of a licensee who possesses a valid firearms qualification card may carry a firearm capable of being concealed upon the person in a concealed manner if that person complies with applicable provisions set forth in Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 of the Penal Code.

(b)

(d) If a firearms qualification card is denied, the denial shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if he or she the applicant desires a review by the Private Investigator Disciplinary Review Committee to contest the denial, the review shall be requested of the director within 30 days following the issuance of the denial. A review or hearing shall be held pursuant to Section 7519.3. However, no review or hearing shall be granted to an individual who is otherwise prohibited by law from carrying a firearm.

(c)

(e) (1) If a firearms qualification card is denied on the basis of the results of an assessment pursuant to Section 7583.47, the denial shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if he or she the applicant desires to contest the denial, the applicant shall request a hearing within 30 days of the issuance of the denial.
(2) Appeals of denials pursuant to this subdivision shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) (1) Subparagraph (a) of paragraph (1) of subdivision (a) shall not apply to either of the following:
(A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who has successfully completed a course of study, approved by the Commission on Peace Officer Standards and Training, in the exercise of the power to arrest.
(B) A federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code, who has successfully completed a course of study in the exercise of the power to arrest.
(2) Subparagraph (B) of paragraph (1) of subdivision (a) shall not apply to either of the following:
(A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who has successfully completed a course of study in the use of firearms.
(B) A federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code, who has successfully completed a course of study in the use of firearms.

SEC. 4.SEC. 5.

 Section 7558.1 of the Business and Professions Code is amended to read:

7558.1.
 (a) To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the director, and pay the renewal fee prescribed by this chapter. On renewal, such evidence of renewal of the license or certificate as the director may prescribe, and renewal pocket cards for the persons mentioned in Section 7529, shall be issued to the licensee.
(b) A license or certificate shall not be renewed until any and all fines assessed pursuant to Section 7564 and not resolved in accordance with the provisions of that section have been paid.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 5.SEC. 6.

 Section 7558.1 is added to the Business and Professions Code, to read:

7558.1.
 (a) To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the director or the director’s designee and pay the renewal fee prescribed by this chapter. On renewal, such evidence of renewal of the license or certificate as the director or the director’s designee may prescribe, and enhanced photo identification cards for the persons mentioned in Section 7529, shall be issued to the licensee.
(b) A license or certificate shall not be renewed until any and all fines assessed pursuant to Section 7564 and not resolved in accordance with the provisions of that section have been paid.
(c) This section shall become operative on January 1, 2021.

SEC. 6.SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.