Bill Text: GA SB162 | 2009-2010 | Regular Session | Engrossed
Bill Title: Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-24 - Effective Date [SB162 Detail]
Download: Georgia-2009-SB162-Engrossed.html
09 LC 35
1240
Senate
Bill 162
By:
Senators Grant of the 25th and Williams of the 19th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating
to operators of private detective businesses and private security businesses, so
as to authorize security guards and detectives to obtain individual licensure
for employment; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
38 of Title 43 of the Official Code of Georgia Annotated, relating to operators
of private detective businesses and private security businesses, is amended by
revising Code Section 43-38-7, relating to registration of armed employees,
qualifications, continuing education, fingerprints, registration card, and
suspension, as follows:
"43-38-7.
(a)
Any
licensee
employer
may employ as many agents, guards, watchmen, or patrolmen as he or she deems
necessary for the conduct of his or her business, provided that such employees
meet the requirements and qualifications for
registration
licensure
under this chapter.
(b)(1)
Except as provided in paragraph (2) of this subsection, within
30
180
days of
hiring such
agents, operators, assistants, guards, watchmen, or patrolmen, the
licensee
completing
board mandated prelicensure training, potential
licensees shall make application to
register
such employees
be
licensed with the board.
(2)
Any guard, watchman, or patrolman who will be unarmed and who will be employed
in the private security business shall not be
registered
required to be
licensed by the board but shall be
governed by Code Section 43-38-7.1.
(c)(1)
Except as otherwise provided in paragraph (2) of subsection (b) of this Code
section, upon being satisfied of the
employee's
applicant's
character, competency, and eligibility for
registration
licensure,
the board may
register
license
such
employee
applicant
if her or
she:
(A)
Is
The
employee is at least 18 years of
age;
(B)
Is
The
employee is a citizen of the United States
or a registered resident alien;
(C)
Is
The
employee is of good moral
character;
(D)
Has
The
employee has not been convicted of a
felony or any crime involving the illegal use, carrying, or possession of a
dangerous weapon or any crime involving moral turpitude; provided, however,
that, if the
employee
applicant
has been convicted of such crime, or has entered a plea of nolo contendere to
such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42
or otherwise been granted first offender treatment, the board may inquire into
the nature of the crime, the date of conviction or plea, and other underlying
facts and circumstances surrounding such criminal proceedings and, in its
discretion, may allow the
employee
applicant
to be
registered
licensed;
(E)
Has
The
employee has not committed an act
constituting dishonesty or fraud; and
(F)
Meets
The
employee meets such other qualifications
as the board may prescribe by rule.
(2)
The board shall be authorized to require continuing education as a condition of
renewal for all persons required to be
licensed
or registered with the board under this
chapter. The board shall be authorized to promulgate rules and regulations
addressing
the
requirement for continuing education and circumstances for which a waiver of
this requirement may be granted.
(d)
The
license
application
for
registration shall be made in writing,
under oath,
and
on a form to be furnished by the division director. The application shall state
the
employee's
applicant's
full name, age, and date and place of birth; residences and employment within
the past five years; experience in the position applied for or held; the date
and place of conviction or arrest for any crime, including the entry of a plea
of nolo contendere or the entry of a plea entered pursuant to Article 3 of
Chapter 8 of Title 42 or other first offender treatment; and such other
information as the board may require. The
license
application
for
registration shall be accompanied by two
sets of fingerprints of the
employee
applicant
and one photograph of the
employee
applicant,
two inches wide by three inches high, full face,
and
taken within six months prior to the application. The board shall have
discretion to deny
registration
a
license to any individual when the
information and supporting documentation required by this subsection are not
provided.
(e)
Upon granting
an
application for registration
a
license pursuant to this Code section, the
board shall so notify the
employer-licensee
licensee.
An
employer
The
employer-licensee shall notify the board
within 30 days of the
hiring
or termination of employment of any
registered
employees
employee
licensed under this Code
section.
(f)
Upon receipt of a
registration
license
card issued by the board pursuant to this chapter, the
registrant
licensee
shall maintain said card on his person at all times while on his post or at his
place of employment and at all times when the
registrant
licensee
wears a uniform in the course of his employment in the private detective or
private security business.
(g)
Notwithstanding any other provisions of this Code section, any person who is to
be
registered
licensed
under this Code section shall agree in writing on the application that if such
person to
be registered makes a false statement in
the application or if such person
has
been
is
found to have been convicted of a felony and has not had all his or her civil
rights restored pursuant to law, then the board shall be authorized to suspend
any
registration
license
granted to such
applicant
person
without a prior hearing as required in Code Section 43-38-11. Upon request, any
such person shall be entitled to a hearing on such matter subsequent to the
suspension."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.