Section § 7584

Explanation

This section provides definitions for terms used in the article. It specifies that a 'Licensee' is someone licensed as a private patrol operator. It also defines a 'Qualified law enforcement officer' as either a peace officer as per specific California laws or a federal law enforcement officer under certain U.S. laws.

For purposes of this article, the following terms have the following meanings:
(a)CA Business & Professions Code § 7584(a) “Licensee” means a licensed private patrol operator.
(b)CA Business & Professions Code § 7584(b) “Qualified law enforcement officer” means either of the following:
(1)CA Business & Professions Code § 7584(b)(1) A peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(2)CA Business & Professions Code § 7584(b)(2) A federal qualified law enforcement officer as defined in Section 926B of Title 18 of the United States Code.

Section § 7584.1

Explanation

If you're a security professional like a licensee, qualified manager, or security guard in California, you can't carry a baton on the job unless you meet certain conditions. You need to wear a uniform, have a valid work-related ID card, and carry a baton permit. In some cases, you can use a printout of permit approval until you get the actual permit. These rules don't apply to law enforcement officers who have approval and proof of a baton course. Such officers also need written approval from their main job to carry a baton as a security guard.

(a)CA Business & Professions Code § 7584.1(a) Except as provided in subdivision (b), a licensee, a qualified manager of a licensee, or a security guard shall not carry a baton in the course of their employment unless the following conditions apply:
(1)CA Business & Professions Code § 7584.1(a)(1) The licensee, qualified manager, or security guard is wearing a uniform.
(2)CA Business & Professions Code § 7584.1(a)(2) The licensee, qualified manager, or security guard carries on their person a valid license, qualified manager certificate, or security guard registration card issued pursuant to this chapter.
(3)Copy CA Business & Professions Code § 7584.1(a)(3)
(A)Copy CA Business & Professions Code § 7584.1(a)(3)(A) Except as provided in subparagraphs (B) and (C), the licensee, qualified manager, or security guard carries on their person a valid baton permit issued to them by the bureau pursuant to this article.
(B)CA Business & Professions Code § 7584.1(a)(3)(A)(B) A uniformed baton permitholder may carry or use a baton while on duty pending receipt of a baton permit if they have been approved by the bureau and carry on their person a hard copy printout of the bureau’s approval from the bureau’s internet website and a valid picture identification.
(C)CA Business & Professions Code § 7584.1(a)(3)(A)(C) This paragraph does not apply to a qualified law enforcement officer who meets all of the following:
(i)CA Business & Professions Code § 7584.1(a)(3)(A)(C)(i) The peace officer has successfully completed a course of study in the use of batons.
(ii)CA Business & Professions Code § 7584.1(a)(3)(A)(C)(ii) The peace officer is authorized to carry a baton in the course and scope of their employment pursuant to Section 22295 of the Penal Code.
(iii)CA Business & Professions Code § 7584.1(a)(3)(A)(C)(iii) The peace officer has proof that they have applied to the bureau for a baton permit.
(b)CA Business & Professions Code § 7584.1(b) This section shall not apply to a duly appointed qualified law enforcement officer who has written approval from the peace officer’s primary employer, as defined in paragraph (2) of subdivision (h) of Section 7583.9, to carry a baton while working as a uniformed security guard.

Section § 7584.2

Explanation

If you have a business license, you can't let your employees carry or use a baton at work unless they have a permit that proves they're allowed to do so.

A licensee shall not allow an employee to carry or use a baton in the course of their employment unless the employee possesses a valid and current baton permit issued by the bureau.

Section § 7584.3

Explanation

If you want a permit to carry a baton in California, you need to meet a few requirements. You must be a sole business owner, a qualified manager, a partner in a licensed partnership, or a registered security guard. You'll have to complete a special training course on baton use within six months before you apply, unless you're a law enforcement officer, in which case you have 24 months. A certified instructor must confirm that you passed the training, and you must fill out and sign the application, promising all details are true. Plus, there's an application fee.

The bureau shall issue a baton permit to an applicant if all of the following conditions are satisfied:
(a)CA Business & Professions Code § 7584.3(a) The applicant is a sole owner of a sole ownership licensee, a qualified manager of a licensee, a partner of a partnership licensee pursuant to Section 7582.7, or a registered security guard.
(b)Copy CA Business & Professions Code § 7584.3(b)
(1)Copy CA Business & Professions Code § 7584.3(b)(1) Except as specified in paragraph (2), the applicant has completed the course of training in the carrying and use of a baton specified in Section 7585.9 within the six months preceding the date the application is submitted to the bureau.
(2)CA Business & Professions Code § 7584.3(b)(2) This subdivision shall not apply to a qualified law enforcement officer, as defined in subdivision (b) of Section 7584, who has successfully completed a course of study in the use of batons within the 24-month period preceding the date of application.
(c)CA Business & Professions Code § 7584.3(c) A certified baton training instructor has attested under penalty of perjury that the applicant has successfully completed the baton training course specified in Section 7585.9.
(d)CA Business & Professions Code § 7584.3(d) The applicant has completed an application for a baton permit on a form prescribed by the director, dated and signed by the applicant, attesting under penalty of perjury that the information in the application is true.
(e)CA Business & Professions Code § 7584.3(e) The application is accompanied by the application fee prescribed in this chapter.

Section § 7584.4

Explanation

If you're denied a baton permit, the bureau will explain why in writing. You have 30 days from when you receive this notice to ask for a review if you want to challenge the decision. This review will follow specific procedures.

If the bureau denies a baton permit, the bureau shall issue that denial of the permit in writing and shall describe the basis for the denial. The denial shall inform the applicant that if they desire a review by a disciplinary review committee to contest the denial, the applicant is required to request review from the director within 30 days following notice of the issuance of the denial. A review or hearing shall be held pursuant to Section 7581.3.

Section § 7584.5

Explanation

If you have a baton permit in California, it lasts for two years and needs to be renewed before it expires. You should apply to renew at least 60 days before the permit runs out. If your permit has expired, you can't carry a baton for work until you get a new one that's valid. When renewing, you must fill out a form and swear the information is truthful. You also need to complete a baton training course recently, unless you're a qualified law enforcement officer who meets different criteria. Your trainer must confirm you passed the training, and you can't self-certify. There's also a renewal fee you must pay. If your permit expires, you can't renew it, so you'd need to start the process over again to get a new permit.

(a)CA Business & Professions Code § 7584.5(a) A baton permit expires two years from the date of issuance, if not renewed. A person who wishes to renew a baton permit shall file an application for renewal with the bureau at least 60 days before the permit’s expiration. A person whose permit has expired shall not carry a baton in the course of their employment until they possess a valid and current baton permit issued by the bureau.
(b)CA Business & Professions Code § 7584.5(b) The bureau shall not renew a baton permit unless all of the following conditions are satisfied:
(1)CA Business & Professions Code § 7584.5(b)(1) The permitholder has filed with the bureau a completed application for renewal of a baton permit, on a form prescribed by the director, dated and signed by the applicant under penalty of perjury certifying that the information on the application is true and correct.
(2)Copy CA Business & Professions Code § 7584.5(b)(2)
(A)Copy CA Business & Professions Code § 7584.5(b)(2)(A) Except as specified in subparagraph (B), the applicant has completed the baton training course specified in Section 7585.9 within the six months preceding the month of the permit’s expiration.
(B)CA Business & Professions Code § 7584.5(b)(2)(A)(B) This paragraph does not apply to a qualified law enforcement officer who is authorized to carry a baton in the course of their duties and who has successfully completed baton training within the 12 months preceding the month of the permit’s expiration.
(3)Copy CA Business & Professions Code § 7584.5(b)(3)
(A)Copy CA Business & Professions Code § 7584.5(b)(3)(A) Subject to subparagraph (B), a certified baton training instructor has attested under penalty of perjury that the applicant has successfully completed the baton training course specified in Section 7585.9 within the six months preceding the month of the permit’s expiration.
(B)CA Business & Professions Code § 7584.5(b)(3)(A)(B) The applicant shall not be the same person as the attesting certified training instructor, and shall not self-certify as having successfully met the requirement of this paragraph.
(4)CA Business & Professions Code § 7584.5(b)(4) The application is accompanied by the baton renewal fee prescribed in this chapter.
(c)CA Business & Professions Code § 7584.5(c) An expired baton permit shall not be renewed. A person with an expired baton permit shall apply for a new baton permit in the manner required pursuant to Section 7584.3.

Section § 7584.6

Explanation

This section of the law will officially take effect starting January 1, 2024.

This article shall become operative on January 1, 2024.