HB2811112th GA (Historical)Introduced

Amends TCA Title 38; Title 39 and Title 62, Chapter 35.

This bill adds and revises provisions under the Private Protective Services Licensing and Regulatory Act, as follows:<br /> <br /> (1) This bill requires the department of commerce and insurance to maintain on the department's website a database of each person who is registered with the department to act as a security guard/officer and the name of the entity employing the person as a security guard/officer, if any. The database must allow a member of the public to search by name at no cost and must be available 24 hours a day;<br /> <br /> (2) This bill requires that applicants for registration as a security guard/officer be of sound mental health. This bill requires unarmed security guard/officer applicants to complete a mental health evaluation within 15 days of employment and requires armed security guard/officer applicants to complete a mental health evaluation within 60 days of employment. This bill requires the department to provide mental health evaluations to unarmed security guard/officer applicants and armed security guard/officer applicants. During an evaluation, a mental health provider must determine whether the applicant is of sound mental health. This bill adds a requirement for renewal of a registration card that a security guard/officer resubmit to a mental health evaluation, to be provided by the department, to determine whether the applicant continues to be of sound mental health;<br /> <br /> (3) Present law requires that the general training for both armed and unarmed security guards/officers include one hour in "general duties." This bill specifies that the general duties training must include training on de-escalation techniques, including, but not limited to: <br /> <br /> (A) Verbal de-escalation and the effective delivery of verbal instructions to prevent the need for physical use of force; <br /> <br /> (B) Application of reasonable and proportional use of force based upon the totality of the circumstances; <br /> <br /> (C) De-escalation in circumstances of decreased resistance or compliance by a subject; and<br /> <br /> (D) Tactical repositioning, requesting additional personnel, and other similar techniques to decrease the need for physical use of force;<br /> <br /> (4) This bill requires security guards/officers to provide written notice to the commissioner or the commissioner's designee of any change in employment status as a security guard/officer within 10 days of the change occurring;<br /> <br /> (5) This bill requires the commissioner or the commissioner's designee to notify the employer on record for a registered security guard/officer within 10 days if the security guard/officer fails to renew registration; and<br /> <br /> (6) Under present law, a violation of the Act or a rule promulgated pursuant to the Act is a Class A misdemeanor. This bill adds that a second or subsequent violation of the Act or a rule promulgated pursuant to the Act will be a Class E felony, punishable by a fine of at least $5,000.<br />

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Overview

This bill adds and revises provisions under the Private Protective Services Licensing and Regulatory Act, as follows:<br /> <br /> (1) This bill requires the department of commerce and insurance to maintain on the department's website a database of each person who is registered with the department to act as a security guard/officer and the name of the entity employing the person as a security guard/officer, if any. The database must allow a member of the public to search by name at no cost and must be available 24 hours a day;<br /> <br /> (2) This bill requires that applicants for registration as a security guard/officer be of sound mental health. This bill requires unarmed security guard/officer applicants to complete a mental health evaluation within 15 days of employment and requires armed security guard/officer applicants to complete a mental health evaluation within 60 days of employment. This bill requires the department to provide mental health evaluations to unarmed security guard/officer applicants and armed security guard/officer applicants. During an evaluation, a mental health provider must determine whether the applicant is of sound mental health. This bill adds a requirement for renewal of a registration card that a security guard/officer resubmit to a mental health evaluation, to be provided by the department, to determine whether the applicant continues to be of sound mental health;<br /> <br /> (3) Present law requires that the general training for both armed and unarmed security guards/officers include one hour in "general duties." This bill specifies that the general duties training must include training on de-escalation techniques, including, but not limited to: <br /> <br /> (A) Verbal de-escalation and the effective delivery of verbal instructions to prevent the need for physical use of force; <br /> <br /> (B) Application of reasonable and proportional use of force based upon the totality of the circumstances; <br /> <br /> (C) De-escalation in circumstances of decreased resistance or compliance by a subject; and<br /> <br /> (D) Tactical repositioning, requesting additional personnel, and other similar techniques to decrease the need for physical use of force;<br /> <br /> (4) This bill requires security guards/officers to provide written notice to the commissioner or the commissioner's designee of any change in employment status as a security guard/officer within 10 days of the change occurring;<br /> <br /> (5) This bill requires the commissioner or the commissioner's designee to notify the employer on record for a registered security guard/officer within 10 days if the security guard/officer fails to renew registration; and<br /> <br /> (6) Under present law, a violation of the Act or a rule promulgated pursuant to the Act is a Class A misdemeanor. This bill adds that a second or subsequent violation of the Act or a rule promulgated pursuant to the Act will be a Class E felony, punishable by a fine of at least $5,000.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
38200913

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