Article 4.5 - Baton Permits

California Business and Professions Code — §§ 7584-7584.6

Sections (7)

Added by Stats. 2022, Ch. 287, Sec. 32. (AB 2515) Effective January 1, 2023. Operative January 1, 2024, pursuant to Section 7584.6.

For purposes of this article, the following terms have the following meanings:

(a)“Licensee” means a licensed private patrol operator.

(b)“Qualified law enforcement officer” means either of the following:

(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)A federal qualified law enforcement officer as defined in Section 926B of Title 18 of the United States Code.

§ 7584.1

Added by Stats. 2022, Ch. 287, Sec. 32. (AB 2515) Effective January 1, 2023. Operative January 1, 2024, pursuant to Section 7584.6.

(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)The licensee, qualified manager, or security guard is wearing a uniform.

(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)(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)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)This paragraph does not apply to a qualified law enforcement officer who meets all of the following:

(i)The peace officer has successfully completed a course of study in the use of batons.

(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) The peace officer has proof that they have applied to the bureau for a baton permit.

(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.

§ 7584.2

Added by Stats. 2022, Ch. 287, Sec. 32. (AB 2515) Effective January 1, 2023. Operative January 1, 2024, pursuant to Section 7584.6.

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.

§ 7584.3

Amended by Stats. 2024, Ch. 484, Sec. 38. (SB 1454) Effective January 1, 2025.

The bureau shall issue a baton permit to an applicant if all of the following conditions are satisfied:

(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)(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)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)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)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)The application is accompanied by the application fee prescribed in this chapter.

§ 7584.4

Added by Stats. 2022, Ch. 287, Sec. 32. (AB 2515) Effective January 1, 2023. Operative January 1, 2024, pursuant to Section 7584.6.

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.

§ 7584.5

Added by Stats. 2022, Ch. 287, Sec. 32. (AB 2515) Effective January 1, 2023. Operative January 1, 2024, pursuant to Section 7584.6.

(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)The bureau shall not renew a baton permit unless all of the following conditions are satisfied:

(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)(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)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)(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)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)The application is accompanied by the baton renewal fee prescribed in this chapter.

(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.

§ 7584.6

Added by Stats. 2022, Ch. 287, Sec. 32. (AB 2515) Effective January 1, 2023.

This article shall become operative on January 1, 2024.