ASSEMBLY, No. 1082
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman CORODEMUS
An Act providing for the certification of certain security guards and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commission" means the Police Training Commission in the Department of Law and Public Safety established pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.).
"Security guard" means a person who is primarily employed, whether armed or unarmed, to protect persons or property, or both, for any purpose including, but not limited to:
a. The prevention of intrusion or entry, larceny, vandalism, abuse, fire or trespass on private property;
b. The control, regulation or direction of the flow or movements of the public, whether by vehicle, on foot or otherwise on private property;
c. The prevention, observation or detection of any unauthorized activity on property; and
d. The protection of individuals from bodily harm.
It shall not include law enforcement personnel who are active or retured but shall include, except as otherwise provided, persons employed watchmen, guards and private patrolmen by a private detective business which is licensed in accordance with "The Private Detective Act of 1939," P.L.1939, c.369 (C.45:19-8 et seq.).
"Superintendent" means the Superintendent of State Police in the Department of Law and Public Safety.
2. A person shall meet the requirements for certification under this act prior to becoming or continuing in employment as a watchman or guard under "The Private Detective Act of 1939," P.L.1939, c.369 (C.45:19-8 et seq.) or as a security guard under this act. The superintendent shall certify as a security guard a person who:
a. Pursuant to a State and federal criminal history background check through the State Bureau of Identification in the Division of State Police, has no record of conviction for a crime enumerated in section 4 of this act;
b. Satisfactorily completes at least 40 hours of training approved by the commission. A security guard hired on or after the effective date of this act shall complete the training within 90 days. A security guard employed prior to the effective date of this act shall have 180 days to complete the training requirement;
c. If hired for the first time as a security guard, completes eight hours of preassignment training. This training shall be at the expense of the prospective employer and shall include, but not be limited to, instruction concerning first aid, report writing, fire prevention and other emergency procedures, apprehension, and legal powers and limitations of a security guard. Training shall be provided by an instructor certified by the commission for the training of security guards;
d. Satisfactorily completes a basic physical and psychological examination approved by the commission;
e. Has not been disqualified for certification pursuant to section 4 of this act; and
f. Furnishes in a timely manner the "employee's statement," set forth in section 6 of this act.
The commission may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) establishing any additional requirements deemed necessary for the training of security guards and for the certification qualifications of instructors.
3. A person shall hire and retain in employment only those security guards who are certified by the superintendent or who are in the process of applying for certification pursuant to section 2 of this act. Except as provided in section 9 of this act, a security guard who fails to satisfactorily complete the requirements of section 2 of this act during the initial 90 days of employment shall be immediately terminated and shall be ineligible to apply for certification or be rehired by any person or private detective business as a security guard for 24 months. Persons disqualified for certification pursuant to subsection a. of section 2 or section 4 may not reapply for certification except under extraordinary circumstances, as established by the superintendent.
4. A person shall not be certified or shall lose certification as a security guard if convicted of a crime of the first, second or third degree or any of the following other crimes and offenses or their equivalents under the New Jersey Code of Criminal Justice, and if, subsequent to such conviction, did not receive executive pardon therefor removing any civil disabilities incurred thereby:
a. Theft and related offenses as set forth in N.J.S.2C:20-2b.(3);
b. Making or possessing burglar's instruments;
c. Buying or receiving stolen property which constitutes theft as set forth in NJ.S.2C:20-2b.(3);
d. Criminal trespass; or
e. Causing or facilitating escape from official detention.
Further, any person whose private detective or investigator's license under "The Private Detective Act of 1939," P.L.1939, c.369 (C.45:19-8 et seq.) was revoked or application for the license was denied by the superintendent or by the authorities of any other state or territory because of conviction for any of the crimes or offenses specified in this section shall not be certified except where the licensing action has been nullified by a court of competent jurisdiction.
5. A security guard who is required by his employer to carry a handgun while in the performance of his duties shall have have a valid permit to carry a handgun pursuant to N.J.S.2C:58-4 and shall complete, in addition to the training required in subsection b. of section 2 of this act, a firearms training program and annual firearms refresher course which shall comply with standards promulgated by the commission.
6. a. Notwithstanding any provisions to the contrary for watchmen, guards or private patrolmen under section 9 of P.L. 1939, c. 369 (C.45:19-16), the employer or prospective employer of a person who applies to be a certified security guard shall submit to the chief law enforcement officer in the municipality in which the person is to be primarily employed:
(1) A request for a criminal history background check of the employee or prospective employee, and
(2) A verified statement submitted by the employee or prospective employee, to be known as an "employee's statement," setting forth the following:
(a) Full name, age, residence address, and place and date of birth;
(b) The country of which he is a citizen;
(c) The businesses or occupations engaged in for the five years immediately preceding the date of the filing of the statement, setting forth the place or places where such businesses or occupations were engaged in, and the name or names of employers, if any;
(d) Convictions of crimes or offenses involving moral turpitude or of any of the crimes or offenses referred to or described in section 4 of this act; and
(e) Any further information that the superintendent may by rule require to show the good character, competency and integrity of the applicant.
b. Immediately upon the receipt of the request for a criminal history background check and the employee's statement, the police department of the municipality in which the person is to be primarily employed may verify any or all portions of the statement and shall cause the prospective employee to have two sets of fingerprints taken. These fingerprints shall be filed with the superintendent together with any verification of an employee's statement. The employer or prospective employer shall be responsible for the cost of the criminal history background check. Within seven days after the filing of the fingerprints, the superintendent shall cause the fingerprints to be compared with fingerprints filed with the State Bureau of Identification. The bureau shall further exchange fingerprint data and criminal record information with the Federal Bureau of Investigation on a person seeking to be employed as a certified security guard.
7. For each application for certification as a security guard, the superintendent shall:
a. Assemble all records and other information concerning the applicant required for certification pursuant to section 2.
b. Evaluate the qualifications of an applicant for certification in accordance with the requirements of this act.
c. Notify the applicant and the prospective employer, if any, of his determination within 30 days of the receipt of all required records and other information.
8. a. The superintendent shall maintain a computerized registry of all persons who apply for certification as a security guard. He shall issue a registration card, in a form he prescribes, authorizing persons whom he certifies to perform security guard functions. The superintendent shall forthwith give notice of his decision to the security guard and his employer or prospective employer, by regular mail. Failure of the superintendent to obtain a report of federal fingerprint files shall not alone constitute a ground for denying a registration card to an applicant.
b. The denial of certification as a security guard under this section shall be reviewable by an administrative adjudication as set forth in the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
9. Security guards employed on the effective date of this act may continue in service if, within six months of the effective date of this act, they will have completed all training and certification requirements of this act.
10. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill requires the State certification of security guards by the Superintendent of State Police. Persons who are not certified as security guards may be hired temporarily while they undergo the review involved in the certification process.
All security guards would be required to complete a 40 hour training course approved by the Police Training Commission as a condition of certification. New guards, would also be required to complete eight hours of preassignment training. Applicants also would be required to pass a State and federal criminal history background check based on fingerprints submitted to the local police and pass a basic physical and psychological examination approved by the Police Training Commission. If the guard is required to carry a handgun, he would have to meet the requirements of the State's firearms laws. Applicants for security guard positions would also be required to submit an "employee's statement" containing identifying information, employment information for the previous five years, and a statement that he or she has not been convicted of any crimes or offenses enumerated in the bill that would disqualify a person for certification.
Disqualifying crimes include: all first, second and third degree crimes and certain thefts; making or possessing burglar's instruments; buying or receiving certain stolen property; criminal trespass; causing or facilitating escape from official detention; or having a private detective or investigator's license revoked or an application therefor denied because of a conviction of any of the aforementioned crimes or offenses.
Personnel hired as watchmen, guards or private patrolmen by licensed private detective businesses would also be required to become certified since "The Private Detective Act of 1939," under which they are now regulated by the State Police, neither requires special training for them nor provides a means of reviewing the criminal records of currently employed guards.
Security guards employed on the bill's effective date may continue in service if they complete the required training and other certification requirements within six months.
Requires training, certification of certain security guards.