Security protection act of 2008

[UtahProtectionForce]

hey all im considering writing a bill for my state that would give security officers a little bit more protection, then what we have. particuallary those that work state,county,city facilities, this is my first rough draft

Security Officer Protection Act of 2008



Security Protection Act

1. Public Servant Status - While employed as a contract officer by a contract security company, on behalf of the state, county or city and under its authority, the security officer will be considered an employee of the state, county and or city, and as such shall receive the title of public servant while in performance of these duties, when not in perforce of these duties to the state, county and or city or while contracted on a non-state property the security officer shall not be titled a public servant, and resumes the civilian role.
2. Arrests made by security – A Private Security Officer may place an individual under arrest with authority of the contracting agency, rather private or public property while under the property boundaries on the agency, the security officer shall have the authority to arrest for
a) Trespass or other unlawful intrusion or entry
b) Larceny
c) Vandalism
d) Arson
e) Personal injury caused by another person, or as a result of acts or omission by another person
3. Forfeiture of weapons – A security officer who finds a weapon pursuant to detainment or arrest of an individual may take temporary possession of the weapon, until released to a law enforcement officer or an agent of the state
4. Disarming a security officer – A person is guilty of a first-degree felony, whom intentionally takes or removes a firearm from the security officer, while in performance of duties without consent of the security officer.


any suggestions ?

[N. A. Corbier]

Another person asked for a law in Utah giving private security arrest powers. The local FOP had a field day with him in the media, stating that Utah security guards already look too much like police, they wear police uniforms and drive police cars, and there should be a law against it.

I suggest that you find someone with some political lobbying experience, and money, to undertake this for you.

The last guy probably had neither, and they used him as an example.

[UtahProtectionForce]

i do plan on doing that, i plan on writting letters to mayors of varoius cities in salt lake county to see if the would support a bill similar to this. this would only apply to officer on "government property" and not all properties as i believe the other gentlemans request was, i also believe the only backing he had was PASCO (professional alliance of Security company owners) or whatever the acronym stands for :P

but that is easily done, i would plan before persenting a bill to refine this a little bit, more and also trying to get local support for it for different company heads, city heads, county heads etc :P btw SLC mayor owes me a favor IIRC i worked for him for free for 3 weeks :P back in 2003

[HotelSecurity]

Quebec Penal Law allows anyone hired to enforce any law, the right to arrest for obstruction, anyone who refuses to id themselves so that a ticket can be issued. This includes anti smoking inspectors, litter inspectors, parking meter maids etc. A lot of these positions in Montreal are being done by contract security agencies.

[UtahProtectionForce]

Bumped for Bigdog

[UtahProtectionForce]

2nd REVISION

Security Officer Protection Act of 2008



Security Protection Act

1. Public Servant Status - While employed as a contract officer by a contract security company, on behalf of the state, county and/or city governments, and under its authority, the security officer shall be considered an public servant while in performance of these duties, when not in perforce of these duties to the state, county and/or city governments or while contracted on a non-state property the security officer shall not be titled a public servant, and resumes the civilian role.
2. Government Protection Duties – While e employed as a contract officer by a contract security company, on behalf of the state, county and/or city governments, and under its authority, The Security officer shall have full powers of arrest as is given to law enforcement agents only while acting on behalf of the state, county and/or city governments may the Security Officer be protected by 76-2-404 and 77-7-2. Although never gaining the title of peace officer, these powers are ONLY given by the state, county and/or city governments, and by doing so the security officer is required to protect the state, county and/or city governments from any criminal acts, and has the ability to do so effectively and lawfully, also note that only ARMED security officer can assume these powers of Government protection duties
3. Forfeiture of weapons – A security officer who finds a weapon pursuant to detainment or arrest of an individual may take temporary possession of the weapon, until released to a law enforcement officer or an agent of the state.
4. Disarming a security officer – A person is guilty of a first-degree felony, which intentionally takes or removes a firearm from the security officer, while in performance of duties without consent of the security officer.

[N. A. Corbier]

Problems I see...

1. If the state wanted police officers, they'd hire police officers. <- That will be the first thing said.

2. This only applies to contract security.

3. There's no additional training requirement imposed on the companies, and the
companies now have the added liability of acting in the Name of the State.

Hello, Section 1983 violations and being sued out of existence over violating someone's civil rights as a cop.

So, there's a two prong'ed attack to keep that out. From the cops, and from the guard firms.

Also, disarming ANYONE of a firearm is a felony in every state. Its theft of firearm. Hurt them.

Edit: Hell, there's more.

4. This basically requires that the government hire armed guards to enact these powers. At that point, they could simply deputize in-house security as special deputies, police officers, or state patrol officers.

5. If you give someone peace officer or police officer powers, then they will already have terry stop authority under the peace officer statute, so the "forfeiture of weapons" thing shouldn't be needed. Look at your state arrest statutes and see if ONLY a peace officer can make an arrest. If not, then you can already seize weapons pursuant to arrest, as any search incident to arrest is allowed. (Within reasons established in case law.)

6. I'd be more interested in a statute that provides a penalty for disarming a _____________ of their COMMUNICATIONS, not their firearm. As I said, firearms are felonies, so an additional modifier isn't needed. But, someone taking a cop or security officer's radio/nextel/cell phone deprives them of the ability to call for help.

[Maelstrom]

What's the current scope of arrest powers for citizens & security officers in Utah?

[Bern Wheaton]

Instead of one state why don't you have the bill for the whole USA. If your going to try it make it worth it for everyone. And invest your time in studying it more carefully see what each state has. We all have the same conflict ,make it on the sight or get it sign by Security officer from everywhere. Every state,they might look down and make fun with it from one state but not all 50!

[N. A. Corbier]

Instead of one state why don't you have the bill for the whole USA. If your going to try it make it worth it for everyone. And invest your time in studying it more carefully see what each state has. We all have the same conflict ,make it on the sight or get it sign by Security officer from everywhere. Every state,they might look down and make fun with it from one state but not all 50!

That would:

1. Create a federal uniformed police force.
2. Violate the rights of all 50 states, as there is no means of claiming commerce exception to state's rights.
3. Be uniformly useless as the federal government cannot dictate who can arrest for violations of state laws.
4. Piss off: The FOP, The PBA, The SEIU, the major security firms, and the DHS.
5. Create a logistical nightmare.

[gcmc security part 2]

That would:

1. Create a federal uniformed police force.
2. Violate the rights of all 50 states, as there is no means of claiming commerce exception to state's rights.
3. Be uniformly useless as the federal government cannot dictate who can arrest for violations of state laws.
4. Piss off: The FOP, The PBA, The SEIU, the major security firms, and the DHS.
5. Create a logistical nightmare.

Sounds good, where do I sign??

[Black Caesar]

Another person asked for a law in Utah giving private security arrest powers. The local FOP had a field day with him in the media, stating that Utah security guards already look too much like police, they wear police uniforms and drive police cars, and there should be a law against it.

I suggest that you find someone with some political lobbying experience, and money, to undertake this for you.

The last guy probably had neither, and they used him as an example.

I remember that (because I found it embarrising) so I looked for it on find article, Click this link.

His very 1st mistake was showing up in a uniform. Rule #1 when trying to bring a potentially hostile group over to your way of thinking, don't do things that will push them FURTHER away. Letting everyone know you by your "Security Rank" and showing up in Security Uniform when anyone with any sense knows what most people think about private security people was really dumb.

A regular well tailored business suit would have worked wonders and not made the guy look like a "jumped up wannabe". Everytime I think of that guy I think of the lady who showed up for jury duty in her STAR FLEET UNIFORM lol.

He could have mentioned he was a supervisor with a "private security firm" and that sounds professional, but the whole "I'm lieutenant so and so" will not only rub the cops the wrong way, but also the lawyers (many legislators, even state legislators are lawyers) who will finally decide the outcome of your request.\

That was mistake #1. Mistake #2 was:

After the meeting, Tallent said he was surprised by the heated reaction by law enforcement. He noted there has always been some friction between police and private security officers.

"They misunderstood where we were trying to go," he said. "We weren't really asking for anything radical."

Not understanding what you are asking for from the "other guys" point of view and not knowing your audience..... I mean who wolda thunk it, the cops wouldn't want someone eating out of their pie?????

In 1967 when Texas Campus Security officials and others banded together to lobby the state about the need for Commisioned Public Police under direct institutional control (fancy words for Campus Police forces), the FIRST things they did were:

-get the University administrations and faculties on board, or atleast blunt their opposistion before it could get started. (it worked, The Chancellor of the University of Texas System actually testified in the Texas Senate in favor of the idea, it didn't work so well with the professors, they didn't want guns on campus, but they didn't protest too much......)

AND

-Get the "Regular" police forces and associations on board. Why? because elected officials NEED endorsements from cop unions to get elected, so few legislators are going to go against Law Enforcement unless they really have to. It helped that many of the Campus security directors were retired Regulars (and still members of the associations) themselves.

And I hear not one of the Campus Security directors showed up in uniform or asked to be addressed by "rank"......

It worked, and on the very 1st try too. Senate Bill 162 (listed as article 2919j in Vernon's Civil Statutes of Texas) passed and flew through the texas House to become law, even the provisions allowing PRIVATE college police. Texas Campus Police (as an institution) is 40 years old last month because of it.

Thats how it's done right. The guy in Utah F'd it up by the numbers it seems to me...

[UtahProtectionForce]

aye i agree, my plan is to eventally get support of like local mayors, police cheifs, and have meetings with these individuals to gain their support, and emphasis why i would like to see something similar to this. and I would NEVER wear a security uniform to a meeting, it would always be civilian clothes. only thing that i would have on me would be my guard card, and that would be it, as to mentioning i am security officer so and so, he went about it wrong NEVER EVER, show up in uniform, and DEMANDING rank by signifiing im Lt. Rick, alot of PDs dont think SOs earn the right to wear rank so there is the right way to do things and the wrong way, he went about it the wrong way.