Private Protective Services

Plain English Breakdown

The bill does not specify an effective date, so it is unclear when the new requirements will take effect.

Private Protective Services Act

This act updates Tennessee's laws about private security services by requiring licenses and registration cards for security guards and officers while clarifying exemptions and reporting requirements.

What This Bill Does

• Requires individuals to obtain a license or registration card to work as contract security companies, security guards, or officers.
• Clarifies that certain reserve, part-time, or auxiliary officers who meet specific training requirements do not need a registration card but must complete biannual refresher training.
• Adds stalking and being on an abuse registry to the list of crimes that disqualify someone from obtaining a license or registration.
• Eliminates temporary registration cards for security guards and officers who are exempt from some training requirements due to their current certifications or training.
• Requires security guards and officers to report arrests, convictions, orders of protection, bond conditions, or any other circumstances impacting their ability to carry firearms within 10 days.

Who It Names or Affects

• Security companies and individuals working as security guards or officers in Tennessee.
• The Department of Commerce and Insurance which oversees licensing and regulatory requirements for private protective services.

Terms To Know

Registration card

A document issued by the state that allows an individual to work as a security guard or officer.

Refresher training

Training required periodically to maintain certification and knowledge in security services.

Limits and Unknowns

• The exact increase in state revenue from fees for reviewing training courses cannot be determined.
• The bill does not specify an effective date, so it is unclear when the new requirements will take effect.

Official Summary Text

The Private Protective Services Licensing and Regulatory Act (the "Act") generally requires a license for any person to act as a contract security company and requires any individual acting as a security guard or officer to obtain a registration card. T
he Act also provides rules for acting as a security company or guard. However, present law provides many exemptions to the general licensing and regulatory requirements. This bill clarifies that certain persons listed in present law are not required to
ob
tain a license or registration, unless otherwise specifically stated.

Specifically, this bill clarifies that a reserve officer/deputy, part-time officer/deputy, or auxiliary officer/deputy who meets or exceeds the training requirements for the type of security services or location where the officer or deputy is providing s
ervices is not required to obtain a registration. However, such officer or deputy must complete biannual refresher training or its equivalent. The officer or deputy is prohibited from providing security services if they have not completed required train
in
g within the last two years.

QUALIFICATION REQUIREMENTS FOR SECURITY OFFICERS

Present law prohibits an applicant from obtaining a registration card if they have a conviction for certain crimes and have completed their sentence less than five years prior to application. This bill adds stalking to the list of prohibited crimes. Ad
ditionally, this bill clarifies that an applicant for a registration card to act as a security officer or guard must be a United States citizen or qualified alien.

This bill prohibits applicants from obtaining a registration card if they are on any abuse registry maintained in this state or another state. Such an applicant is prohibited from obtaining a registration card for as long as the individual is on the reg
istry. Further, an applicant is prohibited from obtaining a registration card if they have an order of protection, bond condition, conviction, or any other action that prohibits the applicant from possessing a firearm.

TRAINING REQUIREMENTS FOR SECURITY OFFICERS

Present law provides the training requirements for unarmed and armed security guards or officers. However, applicants for registration cards who are sworn peace officers and have a current certification from the police standards and training commission,
or that are state or local correctional officers or jailers, are exempt from some training requirements. State correctional officers are exempt from training requirements if they have completed required basic training and annual refresher courses. Loca
l
correctional officers and jailers are exempt from training requirements if they have successfully completed comparable basic training and annual in service courses. This includes the requirement for refresher training to renew a registration card. Such
applicants may receive a temporary registration card upon verification that they meet the requirements for training exemption. This bill eliminates such temporary registration cards.

Present law requires an unarmed security guard or officer to complete two hours of refresher training before the guard or officer is eligible to renew a registration card. This bill clarifies that this refresher training requirement does not apply to an
unarmed security guard or officer that has had at least two hours of equivalent training in the year prior to filing the application for renewal.

Present law requires an armed security guard or officer to complete four hours of refresher training and requalify in the use of a firearm before the guard or officer is eligible to renew a registration card. This bill clarifies that this refresher trai
ning requirement does not apply to an armed security guard or officer who has had at least four hours of classroom and marksmanship training in the year prior to filing the application for renewal.

This bill allows an individual to submit training or continuing education to be reviewed and approved by the commissioner for any requirements listed in the Act for a fee.

REPORTING REQUIREMENTS FOR ARRESTS OR CITATIONS

Security Guards or Officers

Present law requires a security guard or officer to provide written notice of any arrest and resulting conviction to the commissioner of commerce and insurance ("commissioner") and the security guard or officer's employer within 30 days of the arrest or c
onviction.

This bill requires, instead, a security guard or officer to provide written notice to the commissioner and to the security guard or officer's employer if they have been arrested or convicted of specific crimes, including (i) any felony; (ii) any misdemea
nor involving shooting a firearm or other weapon; (iii) shoplifting; (iv) assault and battery or other act of violence; (v) crimes involving the sale, manufacture, or distribution of controlled substances, drugs, or narcotics; (vi) theft of property; or (
vi
i) theft of services. Written notice must be provided within 10 days of the arrest or conviction, and must include charging documents, a copy of the conviction, or any other relevant court orders.

Further, this bill requires an armed security guard or officer to provide written notice to the commissioner and the guard or officer's employer within 10 days of any arrest, conviction, order of protection, bond conditions, or any other circumstances th
at impact the armed security guard or officer's ability to carry a firearm. The written notice must include a copy of documents related to the conditions that restrict the ability to carry a firearm.

Security Company or Proprietary Security Organization

Present law requires a licensed contract security company or a proprietary security organization to provide written notice to the commissioner of any arrest or conviction of the licensee or any person employed as a security guard or officer by the licens
ee or proprietary security organization within 30 days.

This bill, instead, requires a licensed contract security company or a proprietary security organization to provide written notice of any arrest or citation for specific crimes, including (i) any felony; (ii) any misdemeanor involving shooting a firearm
or other weapon; (iii) shoplifting; (iv) assault and battery or other act of violence; (v) crimes involving the sale, manufacture, or distribution of controlled substances, drugs, or narcotics; (vi) theft of property; or (vii) theft of services. Written
no
tice must be provided within 10 days of the arrest or conviction, and must include charging documents, a copy of the conviction, or any other relevant court orders.

Further, this bill requires a licensed contract security company or a proprietary security organization to provide written notice to the commissioner of any arrest,
conviction, order of protection, bond conditions, or any other circumstance that impacts the ability of
the company's employed armed security guard or officer to carry a firearm. Written notice must be provided within 10 days and must include a copy of documents related to the conditions that restrict the ability to carry a firearm.

REGULATION BY CHIEF LAW ENFORCEMENT OFFICER

When a security guard or officer is working outside of that officer's primary county, present law requires the chief law enforcement officer of such county to be notified. This bill eliminates that reporting requirement and other provisions pertaining t
o control over a security guard or officer working in the chief law enforcement officer's jurisdiction.

Present law requires the chief law enforcement officer of a jurisdiction to be notified if a sworn peace officer from another jurisdiction is working to perform security duties in a jurisdiction other than the sworn peace officer's primary jurisdiction.
This bill eliminates that notification requirement.

Present law requires a sworn police officer operating in a jurisdiction other than the officer's primary jurisdiction to wear clothing and markings clearly designating the officer as a private duty law enforcement officer. This bill clarifies that a law
enforcement officer may wear the officer's jurisdiction's uniform, if the jurisdiction has authorized its officers to do so.

MISCELLANEOUS CHANGES

Expiration of organization registration or renewal

This bill clarifies that a proprietary security organization registration or renewal expires after two years.

Commissioner providing free copies of the Act and related rules

This bill eliminates the requirement that the commissioner provide a copy of the Act and related rules to licensees and proprietary security organizations every two years at no charge, and that the commissioner provide a copy to any other person for a fe
e.

Returning uniform and gear to employer

Present law prohibits a security guard or officer from knowingly failing to return, within seven days of termination, any uniform, badge, device, insignia, credential, keys, or other item of equipment issued by the guard or officer's employer. This bill
eliminates that provision.

Making false statements about being a peace officer or government official

Present law prohibits a security guard or officer from knowingly making any statement that would cause
another person to believe that the guard or officer is a sworn peace officer or other government official. This bill clarifies that the prohibition also includes any innuendo, insinuation, or take any action that would cause another person to believe tha
t the guard or officer is a law enforcement officer or other government official.

Current Bill Text

SENATE BILL 1864
By Johnson

HOUSE BILL 2528
By Lamberth
HB2528
011268
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AN ACT to amend Tennessee Code Annotated, Title 62,
Chapter 35, relative to private security.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 62-35-103(a), is amended by
deleting "This chapter does not apply to:" and substituting "The following persons are not
required to obtain a license or registration, unless otherwise stated in this chapter:".
SECTION 2. Tennessee Code Annotated, Section 62-35-103(a), is amended by adding
the following as a new subdivision:
( ) A reserve officer/deputy, part-time officer/deputy, or auxiliary officer/deputy
who meets or exceeds all training requirements established in § 62-35-118, as required
for the type of security services or location where the officer or deputy is providing
services. An officer or deputy claiming this exemption from registration must complete
biannual training equivalent to the refresher training requirements in § 62-35-122, as
determined by the commissioner. If an officer or deputy claiming this exemption has not
completed, as appropriate, either the training required by § 62-35-118 or the biannual
refresher training required by § 62-35-122 in the immediately preceding two-year period,
then the officer or deputy shall not provide security services under this exemption until
the individual recompletes training that meets or exceeds all training requirements
established in § 62-35-118, as required for the type of security services or location
where the officer or deputy is providing services.
SECTION 3. Tennessee Code Annotated, Section 62-35-117(2), is amended by
deleting "resident" and substituting "qualified".

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SECTION 4. Tennessee Code Annotated, Section 62-35-117(4)(B), is amended by
adding the following as a new subdivision:
( ) Stalking;
SECTION 5. Tennessee Code Annotated, Section 62-35-117, is amended by adding
the following as new subdivisions:
( ) Not be on any abuse registry maintained in this state or any other state; an
individual who is on an abuse registry in this state or another state is disqualified from
being able to obtain any license or registration listed in this chapter for as long as the
individual is on such registry;
( ) Not have an order of protection, bond condition, conviction, or any other
action that prohibits the individual from possessing any firearm; an individual who has an
order of protection, bond condition, conviction, or any other action that prohibits the
individual from possessing a firearm is disqualified from holding an armed security
guard/officer registration for as long as the individual is subject to such prohibition;
SECTION 6. Tennessee Code Annotated, Section 62-35-118(d), is amended by
deleting subdivisions (3) and (4) and substituting:
(3) The requirements of subsections (a) and (b) do not apply to an applicant for
registration who is a sworn peace officer and certified by the peace officer standards and
training commission.
(4) The requirements of subsection (a) do not apply to an applicant for
registration who is a state or local correctional officer or jailer; provided, that the state
officer has successfully completed the appropriate basic training required by § 41-1-116
and is current on all annual refresher courses required by § 41-1-116, and the local
officer or jailer has successfully completed comparable basic training and annual in-
service training courses.

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SECTION 7. Tennessee Code Annotated, Section 62-35-120, is amended by deleting
subsection (b) and substituting:
(b)
(1)
(A) A security guard/officer shall provide written notice to the
commissioner or the commissioner's designee and to the licensee or the
proprietary security organization that employs the security guard/officer if
the security guard/officer is subject to any arrest or citation for any
offense listed in § 62-35-117.
(B) Such written notice must be provided within ten (10) days of
the arrest or citation, whichever occurs first, and must include a copy of
any charging documents related to the arrest or citation.
(2)
(A) A security guard/officer shall provide written notice to the
commissioner or the commissioner's designee and to the licensee or the
proprietary security organization that employs the security guard/officer if
the security guard/officer is convicted of any offense listed in § 62-35-117.
(B) Such written notice must be provided within ten (10) days of
the conviction and must include a copy of the conviction and any other
relevant court orders related to the conviction and sentencing.
(3)
(A) An armed security guard/officer shall provide written notice to
the commissioner or the commissioner's designee and to the licensee or
the proprietary security organization that employs the security
guard/officer of any arrest, conviction, order of protection, bond

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conditions, or any other circumstance that impacts the armed security
guard's/officer's ability to carry a firearm.
(B) Such written notice must be provided within ten (10) days of
any circumstance listed in subdivision (b)(3)(A) and must include a copy
of documents related to the conditions that restrict the armed security
guard's/officer's ability to carry a firearm.
SECTION 8. Tennessee Code Annotated, Section 62-35-122, is amended by adding
the following as a new subsection:
(h)
(1) The requirements of subsection (e) do not apply to an unarmed
security guard/officer who has had at least two (2) hours of training determined
by the commissioner to be equivalent to that required by subsection (e) in the
year prior to filing the application.
(2) The requirements of subsection (d) do not apply to an armed security
guard/officer who has had at least four (4) hours of classroom training and
marksmanship training determined by the commissioner to be equivalent to that
required by subsection (d) in the year prior to filing the application.
(3) The requirements of subsections (d) and (e) do not apply to a sworn
peace officer who is actively certified by the peace officer standards and training
commission.
(4) The requirements of subsections (d) and (e) do not apply to a state or
local correctional officer or jailer; provided, that the state officer has successfully
completed the appropriate basic training required by § 41-1-116 and is current on
all annual refresher courses required by § 41-1-116, and the local officer or jailer

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has successfully completed comparable basic training and annual in-service
training courses.
SECTION 9. Tennessee Code Annotated, Section 62-35-123, is amended by adding
the following as a new subsection:
(b) A proprietary security organization registration or renewal expires two (2)
years from date of issuance.
SECTION 10. Tennessee Code Annotated, Section 62-35-124(b), is amended by
deleting the subsection and substituting:
(b)
(1)
(A) A licensee or proprietary security organization shall provide
written notice to the commissioner or the commissioner's designee of any
arrest or citation for any offense listed in § 62-35-117 of:
(i) The licensee or its qualifying agent or manager; or
(ii) Any person employed as a security guard/officer by the
licensee or the proprietary security organization.
(B) Such written notice must be provided within ten (10) days of
the arrest or citation, whichever occurs first, and must include a copy of
any charging documents related to the arrest or citation.
(2)
(A) A licensee or proprietary security organization shall provide
written notice to the commissioner or the commissioner's designee of any
conviction for any offense listed in § 62-35-117 of:
(i) The licensee or its qualifying agent or manager; or

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(ii) Any person employed as a security guard/officer by the
licensee or the proprietary security organization.
(B) Such written notice must be provided within ten (10) days of
the conviction and must include a copy of the conviction and any other
relevant court orders related to the conviction and sentencing.
(3)
(A) A licensee or proprietary security organization shall provide
written notice to the commissioner or the commissioner's designee of any
arrest, conviction, order of protection, bond conditions, or any other
circumstance that impacts the ability of an armed security guard/officer
who is employed by the licensee or proprietary security organization to
carry a firearm.
(B) Such written notice must be provided within ten (10) days of
any circumstance listed in subdivision (b)(3)(A) and must include a copy
of documents related to the conditions that restrict the armed security
guard's/officer's ability to carry a firearm.
SECTION 11. Tennessee Code Annotated, Section 62-35-131, is amended by deleting
the section and substituting:
(a) A municipality, county, or other political subdivision of this state shall not
require a licensee or registrant to obtain any authorization, permit, or license, or to pay
any other fee or post a bond, to engage in any business or activity regulated under this
chapter.
(b) Notwithstanding subsection (a), a municipality, county, or other political
subdivision of this state may impose:
(1) A bona fide business tax; and

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(2) Regulations upon any person who furnishes street patrol services,
including a requirement that the person register with a designated agency.
SECTION 12. Tennessee Code Annotated, Section 62-35-133, is amended by deleting
the section.
SECTION 13. Tennessee Code Annotated, Section 62-35-134, is amended by deleting
subdivision (c)(2).
SECTION 14. Tennessee Code Annotated, Section 62-35-134, is amended by deleting
subdivision (c)(5) and substituting:
(5) Make any statement, innuendo, or insinuation, or take any action, that would
reasonably cause another person to believe that the security guard/officer functions as a
law enforcement officer or other government official; or
SECTION 15. Tennessee Code Annotated, Section 62-35-141, is amended by deleting
subdivision (b)(2) and substituting:
(2) Notwithstanding subdivision (b)(1), a law enforcement officer may wear the
law enforcement officer's jurisdiction's uniform, if the jurisdiction has authorized its
officers to do so.
SECTION 16. Tennessee Code Annotated, Section 62-35-141, is amended by deleting
subsections (a) and (c).
SECTION 17. Tennessee Code Annotated, Title 62, Chapter 35, is amended by adding
the following as a new section:
62-35-137. Review of training.
An individual may submit training or continuing education to be reviewed and
approved by the commissioner for any requirements listed in this chapter. The
commissioner may set a reasonable fee for the review of the training or continuing
education courses.

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SECTION 18. The heading in this act is for reference purposes only and does not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the heading in any compilation or publication containing this act.
SECTION 19. This act takes effect upon becoming a law, the public welfare requiring it.