PRIOR PRINTER'S NO. 702 PRINTER'S NO. 893
No. 633 Session of 1983
INTRODUCED BY KELLEY, GREENLEAF AND STOUT, APRIL 13, 1983
SENATOR GREENLEAF, LAW AND JUSTICE, AS AMENDED, MAY 31, 1983
AN ACT
1 Amending Title 22 (Detectives and Private Police) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to detectives and private police; and making
4 repeals.
5 TABLE OF CONTENTS
6 TITLE 22
7 DETECTIVES AND PRIVATE POLICE
8 PART I. GENERAL PROVISIONS
9 Chapter 1. Preliminary Provisions
10 § 101. Definitions.
11 Chapter 3. Lethal Weapons Training
12 § 301. Short title of chapter.
13 § 302. Education and training program.
14 § 303. Powers and duties of commissioner.
15 § 304. Enrollment in program.
16 § 305. Certification.
17 § 306. Notice of discharge for cause.
18 § 307. Revocation of certificate.
1 § 308. Limitation on type of firearms.
2 § 309. Disposition of fees and other moneys.
3 § 310. Penalties.
4 Chapter 5. State Board of Private Detectives and Security
5 Businesses
6 § 501. Creation of board.
7 § 502. Organization of board.
8 § 503. Powers and duties of board.
9 § 504. Proceedings of board.
10 § 505. Board to keep records.
11 PART II. PRIVATE DETECTIVE AND SECURITY BUSINESS
12 Chapter 11. General Provisions
13 § 1101. Short title of part.
14 § 1102. Applicability of part.
15 § 1103. Inapplicability of part.
16 § 1104. Preemption of local regulation.
17 Chapter 13. Licenses and Registrations
18 Subchapter A. Private Detective and Security Business
19 § 1301. License required.
20 § 1302. Application for license.
21 § 1303. Managing agent required for each office.
22 § 1304. Investigation of applicant.
23 § 1305. License.
24 § 1306. Transfer of license to another location.
25 § 1307. Renewal of license.
26 Subchapter B. Private Detectives and Other Security Agents
27 § 1321. License or registration required.
28 § 1322. Limited licenses.
29 § 1323. Qualifications for licensure.
30 § 1324. Incompatible employment.
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1 § 1325. Application for license.
2 § 1326. License.
3 § 1327. Renewal of license.
4 Subchapter C. Employees of Private Detectives and Security
5 Business and Privately Employed Security
6 Guards
7 § 1341. Responsibility for employees.
8 § 1342. Registration of private detective associates.
9 § 1343. Registration of security guards and alarm associates.
10 § 1344. Duties of licensee and certain other employers.
11 Chapter 15. Identification Documents, Uniforms and Equipment
12 § 1501. Private detective and alarm agent identification card.
13 § 1502. Associate and security guard identification card.
14 § 1503. Responsibility for identification documents.
15 § 1504. Uniforms and equipment.
16 Chapter 17. Enforcement
17 Subchapter A. General Provisions
18 § 1701. Enforcement and investigations. <--
19 § 1702. Subpoenas.
20 § 1703. Prosecutions.
21 § 1701. ENFORCEMENT AND INVESTIGATIONS. <--
22 § 1702. ADMINISTRATIVE DISCIPLINARY PROCEEDINGS.
23 § 1703. PROSECUTIONS.
24 § 1704. INJUNCTION AGAINST UNLAWFUL PRACTICE.
25 § 1705. SUBPOENAS.
26 Subchapter B. Violations and Penalties
27 § 1711. Unfair labor practices.
28 § 1712. Contingent or percentage fees.
29 § 1713. Unlicensed activities.
30 § 1714. False representations.
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1 § 1715. Privileged information and false reports.
2 PART III. PRIVATE POLICE
3 Chapter 31. Private Police
4 § 3101. Appointment.
5 § 3102. Oath of office.
6 § 3103. Powers.
7 § 3104. Compensation.
8 § 3105. Termination of appointment.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Chapters 1, 3 and 5 of Title 22 of the
12 Pennsylvania Consolidated Statutes are repealed.
13 Section 2. Title 22 is amended by adding parts to read:
14 TITLE 22
15 DETECTIVES AND PRIVATE POLICE
16 Part
17 I. General Provisions
18 II. Private Detective and Security Business
19 III. Private Police
20 PART I
21 GENERAL PROVISIONS
22 Chapter
23 1. Preliminary Provisions
24 3. Lethal Weapons Training
25 5. State Board of Private Detectives and Security Businesses
26 CHAPTER 1
27 PRELIMINARY PROVISIONS
28 Sec.
29 101. Definitions.
30 § 101. Definitions.
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1 Subject to additional definitions contained in subsequent
2 provisions of this title which are applicable to specific
3 provisions of this title, the following words and phrases when
4 used in this title shall have, unless the context clearly
5 indicates otherwise, the meanings given to them in this section:
6 "Alarm agent." An individual who holds an alarm agent
7 license under section 1323(a)(2) (relating to qualifications for
8 licensure).
9 "Alarm associate." An employee of an alarm business
10 registered pursuant to the provisions of Subchapter C of Chapter
11 13 (relating to employees of private detectives and security
12 business and privately employed security guards) or who has
13 applied for registration and has been issued a temporary
14 registration which has not expired.
15 "Alarm business." Any individual, partnership, association,
16 corporation or other entity engaged in the provision of alarm
17 services as defined in sections 1102(2) (relating to
18 applicability of part) and 1103(5) (relating to inapplicability
19 of part) and holding an alarm business license under the
20 provisions of Subchapter A of Chapter 13 (relating to private
21 detective and security business).
22 "Board." The State Board of Private Detectives and Security
23 Businesses.
24 "Business license." A license to engage in the private
25 detective and security business issued pursuant to the
26 provisions of Subchapter A of Chapter 13.
27 "Commissioner." The Commissioner of the Pennsylvania State
28 Police or the deputy commissioner duly authorized by the
29 commissioner to perform the duties and exercise the powers
30 granted to the commissioner under this title.
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1 "Lethal weapon." A firearm, concealed billy club and any
2 other weapon calculated to produce death or serious bodily harm.
3 The term does not include chemical mace or any similar
4 substance.
5 "Private detective." The holder of a private detective
6 license issued pursuant to the provisions of Subchapter B of
7 Chapter 13 (relating to private detectives and other security
8 agents).
9 "Private detective associate." An employee of a private
10 detective business registered pursuant to the provisions of
11 Subchapter C of Chapter 13 or who has applied for registration
12 and has been issued a temporary registration which has not
13 expired.
14 "Private policeman" or "policeman." An individual
15 commissioned under Chapter 31 (relating to private police) to
16 act as a private policeman.
17 "Security business." Any individual, partnership,
18 association, corporation or other entity engaged in the
19 provision of alarm services or security services as defined in
20 sections 1102(2) and (3) (relating to applicability of part),
21 and 1103 (relating to inapplicability of part) and holding a
22 license under the provisions of Subchapter A of Chapter 13.
23 CHAPTER 3
24 LETHAL WEAPONS TRAINING
25 Sec.
26 301. Short title of chapter.
27 302. Education and training program.
28 303. Powers and duties of commissioner.
29 304. Enrollment in program.
30 305. Certification.
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1 306. Notice of discharge for cause.
2 307. Revocation of certificate.
3 308. Limitation on type of firearms.
4 309. Disposition of fees and other moneys.
5 310. Penalties.
6 § 301. Short title of chapter.
7 This chapter shall be known and may be cited as the Lethal
8 Weapons Training Act.
9 § 302. Education and training program.
10 (a) Establishment.--An education and training program in the
11 handling of lethal weapons, law enforcement and protection of
12 rights of citizens shall be established and administered or
13 approved by the commissioner in accordance with the provisions
14 of this chapter.
15 (b) Attendance.--A private detective, private detective
16 associate, security guard and any other person who is required
17 to be licensed or registered under this title or who is employed
18 as a private policeman by a nonprofit organization or entity and
19 commissioned under the provisions of Chapter 31 (relating to
20 private police) and who, as an incidence to his employment,
21 carries a lethal weapon shall be required to attend the program
22 established by subsection (a) in accordance with the
23 requirements or regulations established by the commissioner and,
24 upon satisfactory completion of the program, shall be entitled
25 to certification by the commissioner. This subsection shall not
26 require attendance for guards and watchmen who fulfill the
27 requirements of the appropriate Federal agency for the
28 performance of security guard duties in connection with the
29 construction and operation of a commercial utilization or
30 production facility under the authority of the Federal Atomic
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1 Energy Act of 1954.
2 (c) Limitation on employer participation in program
3 administration.--Except for colleges and universities, no
4 nongovernment employer of a person who incident to his
5 employment carries a lethal weapon shall own, operate or
6 otherwise participate in, directly or indirectly, the
7 establishment or administration of the program.
8 § 303. Powers and duties of commissioner.
9 The commissioner shall have the power and duty to:
10 (1) Implement and administer or approve the minimum
11 courses of study and training for the program in the handling
12 of lethal weapons, law enforcement and protection of the
13 rights of citizens. He may appoint such employees, promulgate
14 such rules and regulations and prescribe such forms as may be
15 necessary for this purpose.
16 (2) Implement and administer or approve physical and
17 psychological testing and screening of the candidate for the
18 purpose of barring from the program those not physically or
19 mentally fit to handle lethal weapons.
20 (3) Issue certificates to schools approved by the
21 commissioner and withdraw certificates from those schools
22 disapproved by the commissioner.
23 (4) Certify instructors pursuant to the minimum
24 qualifications established by the commissioner.
25 (5) Consult and cooperate with universities, colleges,
26 community colleges and institutes for the development of
27 specialized courses in handling lethal weapons, law
28 enforcement and protection of the rights of citizens.
29 (6) Consult and cooperate with Commonwealth agencies and
30 agencies of other states and the Federal Government concerned
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1 with similar training.
2 (7) Certify those individuals who have satisfactorily
3 completed basic education and training requirements as
4 established by the commissioner and issue appropriate
5 certificates.
6 (8) Visit and inspect approved schools annually.
7 (9) Collect reasonable charges from the students
8 enrolled therein to pay for the costs of the program.
9 (10) Grant waivers from compliance with the provisions
10 of this chapter to persons who have satisfactorily completed
11 a course of instruction in a training program approved by the
12 commissioner.
13 (11) Perform all other duties as may be reasonably
14 necessary or appropriate to implement this chapter.
15 § 304. Enrollment in program.
16 (a) Application.--Any person desiring to enroll in the
17 program shall file an application with the commissioner.
18 (b) Information required.--The application shall be signed
19 and verified by the applicant. It shall include his full name,
20 age, residence, present and previous occupations and such other
21 information that may be required by the commissioner to show the
22 good character, competency and integrity of the applicant.
23 (c) Fingerprints, photograph and fee.--The application shall
24 be personally presented by the applicant at an office of the
25 Pennsylvania State Police where his fingerprints shall be
26 affixed thereto. The application, together with two current
27 photographs of the applicant and an application fee of $35,
28 shall be forwarded to the commissioner.
29 (d) Investigation.--The fingerprints of the applicant shall
30 be examined by the Pennsylvania State Police and the Federal
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1 Bureau of Investigation to determine if he has been convicted of
2 a felony or a violation of any provision of law listed in
3 section 1323(b) (relating to qualifications for licensure).
4 (e) Age.--No application shall be accepted if the applicant
5 is under the age of 18 years.
6 (f) Authorization.--After the application has been processed
7 and it is determined that the applicant has not been convicted
8 of crimes under subsection (d) and has otherwise satisfied the
9 requirements of this section, the commissioner shall authorize
10 the applicant to enroll in an approved program.
11 § 305. Certification.
12 (a) General rule.--Upon receipt of a fee of $15, the
13 commissioner shall furnish to each person satisfactorily
14 completing the program an appropriate certificate which shall
15 include his photograph.
16 (b) Possession of certificate.--The certificate shall be
17 carried on the person as identification during all times when on
18 duty or going to and from duty and carrying a lethal weapon.
19 (c) Duration.--Certification shall be for a period of five
20 years and the renewal fee shall be $15. Additional training as a
21 condition of renewal shall be required by the commissioner at
22 intervals of not less than five years, unless the commissioner
23 is aware of information which would require specific training
24 prior to renewal. The commissioner shall prescribe the manner in
25 which the certification shall be renewed.
26 § 306. Notice of discharge for cause.
27 Whenever an employer discharges a certified individual
28 subject to the provisions of this chapter for cause, the
29 employer shall immediately notify the commissioner of the
30 discharge.
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1 § 307. Revocation of certificate.
2 The commissioner may revoke or refuse to renew any
3 certificate issued under this chapter whenever he learns that
4 false, fraudulent or misstated information appears on the
5 original or renewal application or whenever he learns of a
6 change of circumstances that would render an employee ineligible
7 for certification.
8 § 308. Limitation on type of firearms.
9 No individual certified under this chapter shall carry an
10 inoperative or model firearm while employed and he shall carry
11 only a powder actuated firearm approved by the commissioner. Any
12 violation of this section shall be grounds for the commissioner
13 to revoke the certification.
14 § 309. Disposition of fees and other moneys.
15 All fees and other moneys derived from the operations of this
16 chapter shall be paid into the General Fund.
17 § 310. Penalties.
18 (a) Uncertified persons.--Any person required to obtain a
19 certificate under this chapter who, in the course of his
20 employment, carries a lethal weapon and who fails to comply with
21 section 302(b) (relating to education and training program) or
22 has not obtained a certificate commits a misdemeanor of the
23 third degree.
24 (b) Failure to carry certificate.--Any person who, in the
25 course of his employment, carries a lethal weapon and who
26 violates section 305(b) (relating to certification) commits a
27 summary offense.
28 CHAPTER 5
29 STATE BOARD OF PRIVATE DETECTIVES
30 AND SECURITY BUSINESSES
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1 Sec.
2 501. Creation of board.
3 502. Organization of board.
4 503. Powers and duties of board.
5 504. Proceedings of board.
6 505. Board to keep records.
7 § 501. Creation of board.
8 (a) General rule.--There is hereby created a departmental
9 administrative board in the Department of State to be known as
10 the State Board of Private Detectives and Security Businesses.
11 (b) Applicability of certain laws.--The provisions of the
12 act of April 9, 1929 (P.L.177, No.175), known as The
13 Administrative Code of 1929, generally applicable to
14 professional and occupational boards in the Department of State
15 shall likewise be applicable to the State Board of Private
16 Detectives and Security Businesses. Fees set by Part II
17 (relating to private detective and security business) or
18 otherwise set by regulations shall be collected, credited,
19 allocated and generally administered in accordance with the act
20 of July 1, 1978 (P.L.700, No.124), known as the Bureau of
21 Professional and Occupational Affairs Fee Act.
22 § 502. Organization of board.
23 (a) Composition.--The State Board of Private Detectives and
24 Security Businesses shall consist of the Commissioner of
25 Professional and Occupational Affairs, two persons who shall be
26 members representing the public at large, and four licensees (at
27 least one of whom is engaged in investigation, at least one of
28 whom is engaged in security and at least one of whom is engaged
29 in alarm services) and one person who represents an employer
30 (other than a licensee) of security guards registered under this
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1 title. Members shall be appointed by the Governor with the
2 advice and consent of a majority of the members elected to the
3 Senate and shall serve terms of six years, except that the first
4 appointed members shall serve staggered terms of two, four and
5 six years as determined by the Governor. Vacancies occurring by
6 death or resignation shall be filled by the Governor for the
7 unexpired term.
8 (b) Quorum and meetings.--Four members shall constitute a
9 quorum. The board shall select from their number a chairman and
10 shall select a secretary who need not be a member of the board.
11 There shall be two stated meetings of the board each year at a
12 place within this Commonwealth as determined by the board for
13 the transaction of its business but the board may hold other
14 meetings at its discretion and by vote of the majority upon due
15 notice thereof to all members of the board. The board need not
16 meet in person to take official action but may conduct official
17 or unofficial business by telephone or by writing provided it
18 otherwise complies with the act of July 19, 1974 (P.L.486,
19 No.175), referred to as the Public Agency Open Meeting Law.
20 (c) Compensation and expenses.--Each member of the board,
21 other than the Commissioner of Professional and Occupational
22 Affairs, shall receive actual traveling, hotel, food and other
23 necessary expenses incurred while engaged in the discharge of
24 official duties as well as per diem allowance of $30. The
25 secretary shall receive reasonable compensation as the board
26 shall determine with the approval of the Commissioner of
27 Professional and Occupational Affairs.
28 § 503. Powers and duties of board.
29 The board shall have the power and duty to:
30 (1) Receive, investigate, develop and administer
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1 examinations, approve or disapprove applications for and
2 renewals of licenses and registrations required by Part II
3 (relating to private detective and security business). The
4 board may establish reasonable examination fees.
5 (2) Conduct all other business reasonably related to the
6 license and registration function of the board.
7 (3) Revoke, suspend or reinstate licenses and
8 registrations (including the power to revoke or suspend
9 licenses and registrations for nonpayment of fees).
10 (4) Receive and act upon complaints.
11 (5) Compel attendance of witnesses and the production of
12 books or records.
13 (6) Issue orders, or modifications thereof, as may be
14 necessary in connection with proceedings under this chapter
15 and Part II.
16 (7) Conduct comprehensive studies and investigations as
17 it deems proper and pertinent to the licensing and
18 registration function of the board.
19 (8) Adopt rules and regulations of professional conduct
20 appropriate to establish and maintain a high standard of
21 integrity, skills and practice in the professions licensed or
22 registered under Part II.
23 (9) Formulate, adopt, promulgate and repeal such rules
24 and regulations as are deemed necessary to implement the
25 provisions of this chapter and Part II.
26 § 504. Proceedings of board.
27 In proceedings of the board relating to the license and
28 registration powers and duties, the board shall not be bound by
29 the strict rules of evidence in the conduct of its proceedings
30 but any determinations made shall be found upon sufficient legal
19830S0633B0893 - 14 -
1 evidence to sustain them. The burden of meeting the
2 qualifications for licensing or registration shall be on the
3 applicant. A district attorney who has filed objections shall be
4 considered a party for the purposes of appeal. The right of
5 appeal from decisions of the board shall be in accordance with
6 law.
7 § 505. Board to keep records.
8 (a) General rule.--The board shall keep records of its
9 proceedings, especially with relation to the issuance, denial,
10 registration, suspension and revocation of licenses and
11 registrations. All licenses and registrations issued by the
12 board shall be numbered and recorded by the secretary and a file
13 kept for that purpose and such file or record shall be open to
14 public inspection. In all actions or proceedings in any court a
15 transcript of any record or any part thereof, which is certified
16 to be a true copy by the secretary, shall be entitled to
17 admission in evidence.
18 (b) Roster of licensees and registrants.--The board shall
19 maintain a current roster of the names and addresses of all
20 business licensees, private detective licensees, registered
21 private detective associates and registered security guard. The
22 roster shall be open to public inspection.
23 PART II
24 PRIVATE DETECTIVE AND SECURITY BUSINESS
25 Chapter
26 11. General Provisions
27 13. Licenses and Registrations
28 15. Identification Documents, Uniforms and Equipment
29 17. Enforcement
30 CHAPTER 11
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1 GENERAL PROVISIONS
2 Sec.
3 1101. Short title of part.
4 1102. Applicability of part.
5 1103. Inapplicability of part.
6 1104. Preemption of local regulation.
7 § 1101. Short title of part.
8 This part shall be known and may be cited as the Private
9 Detective and Security Business Act.
10 § 1102. Applicability of part.
11 This part applies to the private detective and security
12 business which shall include the business of investigator,
13 detective agency and watch, guard or patrol agency and mean,
14 separately or collectively, investigating for hire, reward or
15 any consideration whatsoever and notwithstanding that other
16 functions and services may also be performed for hire or reward,
17 to obtain information or perform services with reference to any
18 of the following matters:
19 (1) Investigative and related services.--
20 (i) Crime or wrongs done or threatened against the
21 government of the United States of America or any state.
22 (ii) The identity, habits, conduct, movements,
23 whereabouts, affiliations, associations, transactions,
24 reputation or character of any person, group of persons,
25 association, organization, society, partnership or
26 corporation.
27 (iii) The credibility of witnesses or other persons.
28 (iv) The whereabouts of missing persons.
29 (v) The location or recovery of lost or stolen
30 property.
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1 (vi) The causes and origin of, or responsibility
2 for, fires, libels, losses, accidents or damage or
3 injuries to real or personal property.
4 (vii) The affiliation, connection or relation of any
5 person, partnership or corporation with any union,
6 organization, society or association, or any official
7 member or representative thereof.
8 (viii) Persons seeking employment in the place of
9 any person or persons who have quit work by reason of any
10 strike.
11 (ix) The conduct, honesty, efficiency, loyalty or
12 activities of employees, agents, contractors and
13 subcontractors, including the providing of detection of
14 deception services.
15 (x) The securing of evidence to be used before any
16 authorized investigating committee, board of award or
17 board of arbitration or in the trial of civil or criminal
18 cases.
19 (2) Alarm services.--The door to door sales SELLING ON <--
20 PREMISES, installation, maintenance, repair, replacement or
21 servicing of alarm systems in this Commonwealth by which the
22 equipment detects and signals the presence of an unauthorized
23 intrusion or hazard requiring urgent attention or transmits a
24 signal to a central station, law enforcement agency or fire
25 department; or the furnishing of monitoring or responding
26 services in connection with any alarm signaling devices in
27 this Commonwealth.
28 (3) Security services.--Watchmen, guards, private
29 patrolmen or other persons to protect persons or property or
30 to prevent the theft or the unlawful taking of goods, wares
19830S0633B0893 - 17 -
1 and merchandise, or to prevent the misappropriation or
2 concealment of goods, wares or merchandise, money, bonds,
3 stocks, choses in action, notes or other valuable documents,
4 papers and articles of value or to transport such goods or
5 procure the return thereof or the performing of such
6 services.
7 § 1103. Inapplicability of part.
8 This part does not apply to:
9 (1) A detective, officer or employee of the Pennsylvania
10 State Police or a police force of any municipality while
11 engaged in the performance of his official duties but this
12 exclusion does not apply if the police force is furnishing
13 the functions or services for hire or reward or is being
14 reimbursed for its costs by any private person.
15 (2) A person whose business is exclusively the
16 furnishing of information as to the business and financial
17 standing and credit responsibility of any person.
18 (3) A person exclusively and regularly employed as a
19 special agent, investigator or adjuster by one employer in
20 connection with the affairs of that employer only.
21 (4) A charitable or philanthropic society or association
22 duly incorporated under the Laws of this Commonwealth and
23 which is organized and maintained for the public good and not
24 for profit.
25 (5) Alarm companies which only manufacture alarm
26 equipment or sell alarm equipment from their place of
27 business and do not sell, install, service, maintain, monitor
28 or respond to alarm equipment at the protected premises or
29 the premises to be protected.
30 (6) Investigators or adjusters for insurance companies.
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1 (7) AN EMPLOYER NOT IN THE SECURITY SERVICE BUSINESS <--
2 THAT EMPLOYS PERSONS TO PROVIDE SECURITY SERVICES SOLELY IN
3 OR UPON PROPERTY OWNED OR LEASED BY THE EMPLOYER.
4 (8) A PERSON EMPLOYED BY ONE EMPLOYER TO PROVIDE
5 SECURITY SERVICES SOLELY IN OR UPON PROPERTY OWNED OR LEASED
6 BY THE EMPLOYER, TO INCLUDE SECURITY SERVICES WHICH RELATE TO
7 THE SAFETY OF THE EMPLOYEES.
8 § 1104. Preemption of local regulation.
9 It is the intent of the General Assembly to enact a
10 comprehensive licensing and registration system for the private
11 investigating and security business and thereby preempt this
12 field. All municipal and county ordinances inconsistent with
13 this part or imposing additional duties, fees, charges, fines or
14 different standards on any licensee or individual subject to
15 this part shall be invalid.
16 CHAPTER 13
17 LICENSES AND REGISTRATIONS
18 Subchapter
19 A. Private Detective and Security Business
20 B. Private Detectives and Other Security Agents
21 C. Employees of Private Detectives and Security Business and
22 Privately Employed Security Guards
23 SUBCHAPTER A
24 PRIVATE DETECTIVE AND SECURITY BUSINESS
25 Sec.
26 1301. License required.
27 1302. Application for license.
28 1303. Managing agent required for each office.
29 1304. Investigation of applicant.
30 1305. License.
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1 1306. Transfer of license to another location.
2 1307. Renewal of license.
3 § 1301. License required.
4 No person shall engage in the private detective or security
5 business or advertise his or its business to be a private
6 detective business or security business, notwithstanding the
7 name or title used in describing the business, without having
8 first obtained a business license. A separate license shall be
9 obtained for each location at which an office, branch office,
10 bureau, agency or subagency is maintained for the conduct of the
11 private detective or security business.
12 § 1302. Application for license.
13 (a) General rule.--Any person intending to conduct a private
14 detective business or other security business shall file with
15 the board a signed and verified application. If the applicant is
16 a partnership, association or corporation, the application shall
17 contain the information required in this section for, and shall
18 be signed and verified by, each individual composing the
19 partnership or association or each principal officer and, unless
20 the stock of the corporation or its ultimate parent corporation
21 is listed on a National Securities Exchange or registered under
22 section 12 of the Federal Securities and Exchange Act of 1934,
23 each shareholder owning more than 5% of the shares of the
24 corporation. The application shall set forth his full name, age,
25 residence, present and previous occupations, the address of the
26 principal place of business and the office, branch office,
27 bureau, agency, subagency for which the business license is
28 desired, and such further information as may be required by the
29 board to show the good character, competency and integrity of
30 the individual. The application shall also contain two
19830S0633B0893 - 20 -
1 photographs and the fingerprints of the two hands of each
2 applicant. The managing agent of the applicant for each location
3 of its offices shall be identified and a copy of his private
4 detective or alarm agent license, or application for license,
5 shall be included.
6 (b) References.--Each individual or partnership who is an
7 applicant shall be recommended by not less than five reputable
8 citizens of the community in which he resides or for which the
9 business license is desired, who shall certify under oath that
10 he has personally known the individual for a period of at least
11 five years prior to the filing of the application, that he has
12 read the application and believes each of the statements made
13 therein to be true, that the person is honest, of good character
14 and competent and not related or connected to him by blood or
15 marriage.
16 (c) Additional information for corporation.--In the case of
17 a corporation, the application shall include its name, date and
18 place of incorporation, the amount of its outstanding paid-up
19 capital stock and whether paid in cash or property and, if in
20 property, the nature of the property, and the names of not less
21 than three credit references. In addition, the corporate
22 applicant shall supply a certified copy of the certificate of
23 incorporation.
24 (d) Death, etc. of member or officer.--Notice of the death,
25 resignation, withdrawal or removal of the managing agent, member
26 of a partnership or association, or any principal officer or
27 shareholder required to sign the application shall forthwith be
28 given in writing to the board and a successor agent, member,
29 officer or shareholder shall file with the board the appropriate
30 information or application.
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1 (e) Branch offices of licensee.--An application by a
2 business licensee for a branch license may incorporate the
3 information previously furnished to the board by reference and
4 shall contain only additional information necessary to conduct
5 the review required by this subchapter.
6 § 1303. Managing agent required for each office.
7 (a) Private detective.--No private detective business
8 license shall be issued unless the applicant or the managing
9 agent possesses a private detective license and certifies that
10 he will engage full time in the private detective business at
11 the location for which the license is requested.
12 (b) Alarm business.--No alarm business license shall be
13 issued unless, either:
14 (1) the individual applicant or at least one individual
15 who is an owner, officer, partner or full-time employee of
16 the applicant possesses an alarm agent license and certifies
17 that he will engage full time in the provision of alarm
18 services at the location for which the license is requested;
19 or
20 (2) the applicant is engaged in the provision of alarm
21 services as of the effective date of this part and the
22 individual applicant or at least one individual who is an
23 owner, officer, partner or full-time employee of the
24 applicant meets the examination requirements of section
25 1323(a)(3) (relating to qualifications for licensure) and
26 certifies that he will engage full time in the provision of
27 alarm services at the location for which the license is
28 requested.
29 (c) Notification of board.--In the event that the individual
30 whom the applicant relies upon to comply with subsection (b)
19830S0633B0893 - 22 -
1 shall for any reason cease to perform his duties on a regular
2 basis, the business licensee shall promptly notify the board by
3 certified or registered mail and shall make every effort to
4 obtain as promptly as possible a substitute eligible individual.
5 If the business licensee fails to obtain the substitute eligible
6 individual within six months from and after the disqualification
7 of the licensee, the board may revoke the business license or,
8 for good cause shown, may extend for a reasonable time the
9 period for obtaining a substitute qualifying individual or the
10 board may determine, based upon the experience and performance
11 of the licensee, that the licensee need not obtain the
12 substitute qualifying individual.
13 § 1304. Investigation of applicant.
14 The board shall refer the application to the district
15 attorney of the county where the office or branch office,
16 bureau, agency or subagency will be located. Upon receipt of the
17 application the district attorney shall direct an appropriate
18 investigation of the applicant and shall, within 30 days of
19 receipt of the application, forward to the board a complete
20 written report of the investigative findings and a
21 recommendation as to the disposition of the application. The
22 board shall also obtain through the State Police or otherwise
23 criminal history records, fingerprint comparative information
24 and such other information as it requires.
25 § 1305. License.
26 (a) Issuance.--If after investigation the board is satisfied
27 of the good character, competency and integrity of the applicant
28 and a period of 45 days from the date of the filing of the
29 application has elapsed, the board shall issue and deliver to
30 the applicant a business license for the premises stated in the
19830S0633B0893 - 23 -
1 application. In the event verified objections to the issuance of
2 a license are filed with the board, he shall hold a public
3 hearing with notice to all interested parties prior to issuing
4 or refusing to issue the license.
5 (b) Fee and liability insurance.--Prior to the issuance of a
6 business license, the applicant shall pay to the Commonwealth
7 for each license a fee of $250, and shall file with the board
8 evidence that it has in force a general liability insurance
9 policy in an amount insuring against claims of not less than
10 $300,000 in the case of personal injuries and $100,000 in the
11 case of property damage written by an insurance company
12 authorized to do business in this Commonwealth. Each policy
13 shall contain an endorsement that the policy will not be
14 cancelled or modified without notification to the board.
15 (c) Form.--The business license shall be in a form
16 prescribed by the board and shall specify the full name of the
17 applicant, the location of the principal office and the office,
18 branch office, bureau, agency or subagency for which the license
19 is issued, the date on which it is issued, the date on which it
20 will expire and the name and residence of each licensed private
21 detective or alarm agent employed by it at that location.
22 (d) Posting.--The business license shall be at all times
23 displayed in a conspicuous place in the office for which it is
24 issued.
25 (e) Advertisement.--Every advertisement by a business
26 licensee soliciting or advertising business shall contain the
27 licensee's name and license number as they appear in the records
28 of the board.
29 (f) Revocation.--The business license shall be revocable at
30 any time by the board for cause shown. Every license shall be
19830S0633B0893 - 24 -
1 surrendered to the board within 72 hours after its term has
2 expired or after notice in writing to the holder that the
3 license has been revoked. Any licensee failing to comply with
4 any of the provisions of this section commits a misdemeanor of
5 the third degree. Such failure shall be sufficient cause for the
6 revocation of a license.
7 § 1306. Transfer of license to another location.
8 If a business licensee desires to transfer the license to a
9 place other than that described in it, he shall prior thereto
10 apply to the board for leave to transfer the license. The
11 application for transfer shall describe the premises to which
12 the transfer will be made and the date of transfer. The board
13 shall cause an appropriate investigation to be made and, if he
14 is satisfied, authorize the transfer.
15 § 1307. Renewal of license.
16 A business license shall be renewed biennially by the board
17 upon application at such time prior to expiration and in such
18 form as the board may prescribe and payment of a biennial fee of
19 $200 and the filing of evidence of insurance as required for the
20 original license. The license shall be renewed without further
21 investigation unless the applicant no longer qualifies for the
22 license or verified objections to the renewal are received by
23 the board prior to issuance. If the board has received
24 information relevant to the renewal, he shall hold a public
25 hearing as provided for in the case of an original application.
26 SUBCHAPTER B
27 PRIVATE DETECTIVES AND OTHER SECURITY AGENTS
28 Sec.
29 1321. License or registration required.
30 1322. Limited licenses.
19830S0633B0893 - 25 -
1 1323. Qualifications for licensure.
2 1324. Incompatible employment.
3 1325. Application for license.
4 1326. License.
5 1327. Renewal of license.
6 § 1321. License or registration required.
7 No person shall perform any of the functions and services set
8 forth in section 1102 (relating to applicability of part)
9 without having obtained from the board a private detective or
10 security business license or having registered as an associate
11 or as a security guard under Subchapter C (relating to employees
12 of private detectives and security business and privately
13 employed security guards).
14 § 1322. Limited licenses.
15 (a) General rule.--Notwithstanding the prohibition contained
16 in section 1321 (relating to license or registration required),
17 a person, partnership, association or corporation may perform
18 polygraph services defined in section 1102(1)(ix) (relating to
19 applicability of part) providing he or it applies to the board
20 for a limited license. This limited license may be granted by
21 the board notwithstanding that the applicant does not meet the
22 experience qualifications of section 1323(a)(1) or (2) (relating
23 to qualifications for licensure) provided that the applicant
24 meets all other requirements of this title relating to standards
25 of criminal disqualification, incompatible employment, character
26 fitness, personal references, age or other qualifications set by
27 the board.
28 (b) Defining types of licensees.--The board may define those
29 persons to be licensed under this section as "polygraph
30 operator," but the definition shall be substantially as follows:
19830S0633B0893 - 26 -
1 "Polygraph operator." Any individual employed in this
2 Commonwealth to investigate the conduct, honesty, efficiency,
3 loyalty or activities of employees, agents, contractors and
4 subcontractors by means of detection of deception devices of a
5 mechanical nature.
6 (c) Regulation of licensees.--All other rights and duties of
7 polygraph operators shall be as provided by this title. It is
8 the intent of this section only that polygraph operators shall
9 be relieved of the experience requirements for licensure as
10 private detectives or alarm agents. The board may set, by rules
11 and regulations, reasonable and appropriate requirements for
12 licensure for these limited licenses.
13 (d) Limitation on activities of licensees.--Limited licenses
14 issued under this section shall authorize only the conduct of
15 polygraph operator and by operation of law prohibit private
16 detective and security business activities.
17 § 1323. Qualifications for licensure.
18 (a) Experience and examination.--
19 (1) No private detective license shall be issued unless
20 the applicant has been regularly employed for a period of not
21 less than five years as a detective, an associate of a
22 licensed private detective, a member of the United States
23 Government investigative service, the Pennsylvania State
24 Police, a municipality with a rank or grade higher than
25 patrolman, or a sheriff.
26 (2) No alarm agent license shall be issued unless the
27 applicant establishes that he was an alarm associate or was
28 regularly engaged or was employed in the provision of alarm
29 services of on-premises sales, installation or service for an
30 aggregate period of not less than five years prior to the
19830S0633B0893 - 27 -
1 filing of the application. The individual shall be required
2 to engage full time in, or supervising, the on-premises
3 sales, installation or servicing of alarm systems.
4 (3) Applicants for an alarm agent license shall take a
5 board administered alarm agent examination designed to
6 measure the individual's knowledge and competence in the
7 alarm business and score a passing grade. Applicants engaged
8 in the alarm business on the effective date of the part shall
9 have one year after the effective date of the part to comply
10 with this examination requirement.
11 (4) Any employee of a private detective or security
12 business who is not otherwise disqualified under this section
13 or section 1324 (relating to incompatible employment) from
14 obtaining a license under this section may be registered as
15 an associate under section 1342 (relating to regulation of
16 private detective associates) or 1343 (relating to
17 registration of security guards and alarm associates)
18 notwithstanding that he does not possess the experience
19 required under this section to obtain a private detective or
20 alarm agent license.
21 (b) Criminal disqualifications.--
22 (1) No private detective license shall be issued to any
23 person who has been convicted in this Commonwealth or any
24 other state of a felony or a violation of any of the
25 following provisions of law:
26 18 Pa.C.S. § 907 (relating to possessing instruments
27 of crime).
28 18 Pa.C.S. § 908 (relating to prohibited offensive
29 weapons).
30 18 Pa.C.S. § 2702 (relating to aggravated assault).
19830S0633B0893 - 28 -
1 18 Pa.C.S. § 3124 (relating to voluntary deviate
2 sexual intercourse).
3 18 Pa.C.S. § 3503 (relating to criminal trespass).
4 18 Pa.C.S. § 3921 (relating to theft by unlawful
5 taking or disposition).
6 18 Pa.C.S. § 3925 (relating to receiving stolen
7 property).
8 18 Pa.C.S. § 5121 (relating to escape).
9 Act of April 14, 1972 (P.L.233, No.64), known as The
10 Controlled Substance, Drug, Device and Cosmetic Act.
11 (2) The conviction of any other crime in this
12 Commonwealth or any other state may be the basis for denying
13 the issuance or renewal of a license.
14 (c) Previous revocation.--No private detective license or
15 registration shall be issued to any person whose license or
16 registration has been previously revoked because of conviction
17 of a felony or any of the offenses specified in this section
18 unless the person has received an executive or judicial pardon
19 removing this disability.
20 (d) Age.--No private detective license shall be issued to a
21 person under the age of 25 years and no registration as an
22 associate or security guard shall be issued to a person under
23 the age of 18 years.
24 § 1324. Incompatible employment.
25 (a) Certain public officials.--No private detective or alarm
26 agent license shall be issued to a member of a State or
27 municipality police force, constable, probation officer or any
28 individual who holds a public office and who, by virtue of that
29 public office, possess extraordinary police authority, not
30 allowed private persons, for the benefit of the public. In the
19830S0633B0893 - 29 -
1 case of an association, partnership or corporation, no license
2 shall be issued if any individual composing the association or
3 partnership, or corporate officer or shareholder, is so employed
4 or holds such public office. This subsection does not prevent a
5 person from obtaining registration as a security guard if his
6 public employer certifies that service as a security guard
7 during hours when he is not pursuing regular duties is not
8 prohibited.
9 (b) Employment agency.--No holder of an employment agency
10 license shall be licensed under this chapter. While holding a
11 private detective license under this chapter a licensee shall
12 not simultaneously hold an employment agency license or have any
13 financial interest in or participate in the control and
14 management of any employment agency or any other private
15 detective business. A licensee may own or possess stock in any
16 corporation whose only business is to undertake for hire the
17 preparation of payrolls and the transportation of payrolls,
18 moneys, securities and other valuables or whose only business is
19 to provide or furnish protective or guard services to any
20 Federal agency.
21 § 1325. Application for license.
22 (a) General rule.--Any person who is qualified to do so may
23 execute and file with the board an application for a private
24 detective license setting forth under oath:
25 (1) His full name, age and residence.
26 (2) Citizenship.
27 (3) The name and address of all employers or occupations
28 engaged in for the three years immediately preceding.
29 (4) That he has not been convicted of a felony or of any
30 offense involving moral turpitude or of any of the offenses
19830S0633B0893 - 30 -
1 described in section 1323 (relating to qualifications for
2 licensure).
3 (5) That he is not disqualified under section 1323 or
4 1324 (relating to incompatible employment) from being
5 licensed as a private detective.
6 (6) Such further information as the board may require to
7 show good character, competency and integrity of the
8 applicant.
9 The application shall be accompanied by a set of fingerprints
10 and two photographs and a license fee of $100 which shall be
11 nonrefundable.
12 (b) Investigation of applicant.--The board shall cause an
13 investigation of the applicant in the same manner as section
14 1304 (relating to investigation of applicant).
15 § 1326. License.
16 (a) Issuance.--If after investigation the board is satisfied
17 of the good character, competency and integrity of the applicant
18 and a period of 45 days from the date of the filing of the
19 application has elapsed, the board shall issue and deliver to
20 the applicant a private detective license. In the event verified
21 objections to the issuance of a license are filed with the
22 board, it shall hold a public hearing with notice to all
23 interested parties prior to issuing or refusing to issue the
24 license.
25 (b) Form.--The license shall be in a form prescribed by the
26 board and shall specify the full name of the applicant, the
27 location of the principal office, and the location of the
28 office, branch office, bureau, agency or subagency from which
29 the applicant will work, the date on which it was issued and the
30 date on which it will expire.
19830S0633B0893 - 31 -
1 (c) Posting.--The license shall at all times be displayed in
2 a conspicuous place in the principal office from which the
3 applicant works.
4 (d) Revocation.--The license shall be revocable at any time
5 by the board for cause shown. Every license shall be surrendered
6 to the board within 72 hours after its term has expired or after
7 notice in writing to the holder that the license has been
8 revoked. Any licensee failing to comply with any of the
9 provisions of this subsection commits a misdemeanor of the third
10 degree. Such failure shall be sufficient cause for the
11 revocation of a license.
12 § 1327. Renewal of license.
13 A license shall be renewed biennially by the board upon
14 application at such time prior to expiration and in such form as
15 the board may prescribe and payment of a biennial fee of $75.
16 The license may be renewed without further investigation unless
17 the applicant no longer qualifies for the license or verified
18 objections to the renewal are received by the board prior to
19 issuance. If the board has received information relevant to the
20 renewal, it shall hold a public hearing as provided for in the
21 case of an original application.
22 SUBCHAPTER C
23 EMPLOYEES OF PRIVATE DETECTIVES AND SECURITY
24 BUSINESS AND PRIVATELY EMPLOYED SECURITY GUARDS
25 Sec.
26 1341. Responsibility for employees.
27 1342. Registration of private detective associates.
28 1343. Registration of security guards and alarm associates.
29 1344. Duties of licensee and certain other employers.
30 § 1341. Responsibility for employees.
19830S0633B0893 - 32 -
1 A business licensee shall be legally responsible for the good
2 conduct within the scope of employment in the private detective
3 and private security business of each person employed to assist
4 him. No licensee shall knowingly employ in connection with the
5 private detective and private security business in any capacity
6 any person who has been convicted of a felony or any of the
7 offenses specified in section 1323(b) (relating to
8 qualifications for licensure) or whose private detective license
9 or associate or security guard registration was revoked or
10 application for license or registration denied by the board or
11 by the authorities of any state.
12 § 1342. Registration of private detective associates.
13 (a) Registration required.--No person shall be employed by a
14 business licensee to investigate or obtain information with
15 reference to any of the matters set forth in section 1102(1)
16 (relating to applicability of part) who does not possess a valid
17 registration as a private detective associate unless he has
18 executed and filed with the board an application for
19 registration as provided in this section.
20 (b) Application for registration.--Any person who is
21 qualified to do so may execute and file with the board an
22 application for registration setting forth under oath:
23 (1) His full name, age and residence.
24 (2) Citizenship.
25 (3) The name and address of all employers or occupations
26 engaged in for the three years immediately preceding.
27 (4) That he has not been convicted of a felony or of any
28 offense involving moral turpitude or of any of the offenses
29 described in section 1323 (relating to qualifications for
30 licensure).
19830S0633B0893 - 33 -
1 (5) That he is not disqualified under section 1323 or
2 1324 (relating to incompatible employment) from being
3 registered as an associate.
4 (6) Such further information as the board may require to
5 show good character, competency and integrity of the
6 applicant.
7 The application shall be accompanied by a set of fingerprints
8 and two photographs and a registration fee of $50 which shall be
9 nonrefundable.
10 (c) Investigation of applicant.--The board shall cause an
11 appropriate investigation of the applicant, including criminal
12 history record and fingerprint comparative information reports.
13 (d) Issuance.--If after investigation the board is satisfied
14 of the good character, competency and integrity of the
15 applicant, the board shall issue and deliver to the applicant an
16 associate registration.
17 (e) Revocation.--The registration shall be revocable at any
18 time by the board for cause shown. Every registration and
19 identification document shall be surrendered to the board within
20 72 hours after its term has expired or after notice in writing
21 to the holder that the registration has been revoked. Any
22 licensee failing to comply with any of the provisions of this
23 subsection commits a misdemeanor of the third degree. Such
24 failure shall be sufficient cause for the revocation of a
25 registration.
26 (f) Renewal.--The registration shall be renewed biennially
27 upon forms prescribed by the board and payment of a biennial fee
28 of $35. The registration may be renewed without further
29 investigation unless the applicant no longer qualifies or
30 verified objections to the renewal are received by the board
19830S0633B0893 - 34 -
1 prior to issuance. If the board has received information
2 relevant to the renewal, it shall hold a public hearing.
3 § 1343. Registration of security guards and alarm associates.
4 (a) Registration required.--No person shall be employed by
5 an alarm business licensee and no person shall be employed by a
6 business licensee or by any person for the purpose of providing
7 watchguard, protective patrol, courier or other services to
8 protect persons or property or any of the services described in
9 section 1102(2) and (3) (relating to applicability of part) who
10 does not possess a valid registration under this part unless he
11 has executed and filed with the board an application for
12 registration as provided in this part.
13 (b) Application for registration.--Any person who is
14 qualified to do so may execute and file with the board an
15 application for registration setting forth under oath:
16 (1) His full name, age and residence.
17 (2) Citizenship.
18 (3) The name and address of all employers or occupations
19 engaged in for the three years immediately preceding.
20 (4) That he has not been convicted of any felony or of
21 any offense involving moral turpitude or of any of the
22 offenses described in section 1323(b) (relating to
23 qualifications for licensure).
24 (5) Two sets of classifiable fingerprints recorded in
25 such manner as may be specified by the board.
26 (6) If applying for a security guard registration, that
27 he is not employed by a state or municipality police force
28 or, if he is so employed, that his public employer does not
29 prohibit him from serving as a security guard during hours
30 other than those when he is pursuing his regular duties.
19830S0633B0893 - 35 -
1 (7) Such further information as the board may require to
2 show the good character, competency and integrity of the
3 applicant.
4 The application shall be accompanied by a set of fingerprints
5 and two photographs and a registration fee of $25 which shall be
6 nonrefundable.
7 (c) Investigation of applicant.--The board shall cause an
8 appropriate investigation of the applicant, including criminal
9 history record and fingerprint comparative information reports.
10 (d) Issuance.--If after investigation the board is satisfied
11 of the good character, competency and integrity of the
12 applicant, the board shall issue and deliver to the applicant a
13 security guard or alarm associate registration.
14 (e) Revocation.--The registration shall be revocable at any
15 time by the board for cause shown. Every registration and
16 identification document shall be surrendered to the board within
17 72 hours after its term has expired or after notice in writing
18 to the holder that the registration has been revoked. Any
19 licensee failing to comply with any of the provisions of this
20 subsection commits a misdemeanor of the third degree. Such
21 failure shall be sufficient cause for the revocation of a
22 registration.
23 (f) Renewal.--The registration shall be renewed biennially
24 upon forms prescribed by the board and payment of a biennial fee
25 of $15. The registration may be renewed without further
26 investigation unless the applicant no longer qualifies or
27 verified objections to the renewal are received by the board
28 prior to issuance. If the board has received information
29 relevant to the renewal, it shall hold a public hearing.
30 § 1344. Duties of licensee and certain other employers.
19830S0633B0893 - 36 -
1 Prior to allowing an associate or a security guard registered
2 under section 1342 (relating to registration of private
3 detective associates) or 1343 (relating to registration of
4 security guards and alarm associates) to perform services, the
5 business licensee or other employer shall verify his
6 registration, or in the case of an applicant for registration,
7 the licensee or employer may issue, in accordance with
8 regulations promulgated by the board, a temporary registration
9 which shall be void if the applicant's employment is terminated
10 for any reason, the registration is refused by the board, on or
11 after 90 days, whichever first occurs. The licensee or employer
12 shall retain on file a copy of the application and one set of
13 fingerprints until permanent registration of the associate or
14 security guard is verified. If the employment of an associate or
15 security guard is terminated for cause at any time, the licensee
16 or employer shall immediately notify the board.
17 CHAPTER 15
18 IDENTIFICATION DOCUMENTS, UNIFORMS
19 AND EQUIPMENT
20 Sec.
21 1501. Private detective and alarm agent identification card.
22 1502. Associate and security guard identification card.
23 1503. Responsibility for identification documents.
24 1504. Uniforms and equipment.
25 § 1501. Private detective and alarm agent identification card.
26 (a) Contents of card.--Upon the issuance of a private
27 detective or alarm agent license, the board shall also issue an
28 identification card which shall contain the licensee's
29 photograph, name and business address, and, in the case of
30 private detectives, a metal badge as evidence of authorization
19830S0633B0893 - 37 -
1 pursuant to the terms of this part.
2 (b) Carrying requirement.--The identification card shall be
3 carried by an individual required to obtain an identification
4 card under subsection (a) whenever the individual is engaged in
5 the provision of private detective or alarm services and shall
6 be exhibited upon request.
7 § 1502. Associate and security guard identification card.
8 (a) Associate or security guard.--Upon the issuance of a
9 registration as an associate or security guard under Subchapter
10 C of Chapter 13, (relating to employees of private detectives
11 and security business and privately employed security guards)
12 the board shall issue an identification card which shall contain
13 such information as the board shall prescribe.
14 (b) Carrying requirement.--The identification card shall be
15 carried by an individual required to obtain an identification
16 card under subsection (a) whenever the individual is engaged in
17 employment activities for which he must be registered under this
18 part and shall be exhibited upon request.
19 § 1503. Responsibility for identification documents.
20 (a) General rule.--Each person to whom an identification
21 document, license, registration card and badge has been issued
22 shall be responsible for their safekeeping and shall not lend,
23 let or allow any other person to use, wear or display the
24 license, document, card or badge.
25 (b) Wearing unauthorized identification card or badge.--No
26 person shall wear or display any license, card, shield or badge
27 of any design or material purporting to authorize the holder or
28 wearer thereof to act as a private detective, associate or
29 security guard, which has not been issued pursuant to the
30 provisions of this part. Any person who violates this subsection
19830S0633B0893 - 38 -
1 commits a misdemeanor of the third degree and any such violation
2 is sufficient cause for revocation of the license or
3 registration.
4 (c) Loss or destruction.--If it is established to the
5 satisfaction of the board that a license, document, card or
6 badge has been lost or destroyed, the board, upon payment of an
7 appropriate fee, shall issue a duplicate license, document, card
8 or badge for the unexpired portion of the term of the license or
9 registration.
10 § 1504. Uniforms and equipment.
11 (a) Return when employment terminated.--Any associate or
12 security guard issued a uniform or equipment by his employer
13 whose employment is terminated for any reason who fails or
14 refuses to return the uniform or equipment for any reason within
15 three days after the employment ceases, commits a misdemeanor of
16 the third degree.
17 (b) Wearing official police uniform.--A member or employee
18 of a public police force shall not wear his official police
19 uniform while performing security services for a private
20 employer unless authorized by the governing authority of the
21 political subdivision by which he is employed.
22 (c) Uniform standards.--The board may promulgate standards
23 or guidelines relating to the design or color of security guard
24 uniforms so as to assure differentiation of public police and
25 security guard uniforms.
26 (d) Deceptively similar uniforms.--An associate or security
27 guard shall not wear, nor shall an employer issue, a uniform
28 deceptively similar to a uniform worn by a member of a public
29 police force in or adjacent to the political subdivision in
30 which the security services are being performed.
19830S0633B0893 - 39 -
1 CHAPTER 17
2 ENFORCEMENT
3 Subchapter
4 A. General Provisions
5 B. Violations and Penalties
6 SUBCHAPTER A
7 GENERAL PROVISIONS
8 Sec. <--
9 1701. Enforcement and investigations.
10 1702. Subpoenas.
11 1703. Prosecutions.
12 § 1701. Enforcement and investigations.
13 The board, or at his request the Attorney General, and each
14 district attorney shall enforce the provisions of this part and,
15 upon complaint of any person or on his own initiative, shall
16 investigate any suspected violation or the business practices
17 and methods of any applicant or licensee. Each applicant or
18 licensee shall, on request of the board or the district
19 attorney, supply such information as may be required concerning
20 his or its business, business practices or methods.
21 § 1702. Subpoenas.
22 For the purpose of enforcing the provisions of this part and
23 in making investigations relating to any violation thereof and
24 for the purpose of investigating applicants or licensees, the
25 board, the Attorney General and district attorney, or their
26 designee, shall have the power to subpoena any person within his
27 jurisdiction and require the production of any books or papers
28 deemed relevant to the inquiry. Any person subpoenaed who fails
29 to obey the subpoena without reasonable cause or without such
30 cause refuses to be examined or to answer any relevant question
19830S0633B0893 - 40 -
1 commits a misdemeanor of the third degree. The testimony of
2 witnesses shall be under oath and willful false swearing in any
3 such proceeding shall be punishable as perjury.
4 § 1703. Prosecutions.
5 Criminal prosecutions for violation of this part shall be
6 brought by the Attorney General or the district attorney of the
7 county in which the violation occurred.
8 SEC. <--
9 1701. ENFORCEMENT AND INVESTIGATIONS.
10 1702. ADMINISTRATIVE DISCIPLINARY PROCEEDINGS.
11 1703. PROSECUTIONS.
12 1704. INJUNCTION AGAINST UNLAWFUL PRACTICE.
13 1705. SUBPOENAS.
14 § 1701. ENFORCEMENT AND INVESTIGATIONS.
15 THE BOARD, OR AT ITS REQUEST AND IN ACCORDANCE WITH SECTIONS
16 1703 (RELATING TO PROSECUTIONS) AND 1704 (RELATING TO INJUNCTION
17 AGAINST UNLAWFUL PRACTICE), THE ATTORNEY GENERAL OR EACH
18 DISTRICT ATTORNEY SHALL ENFORCE THE PROVISIONS OF THIS PART AND,
19 UPON COMPLAINT OF ANY PERSON OR ON HIS OR ITS OWN INITIATIVE,
20 SHALL INVESTIGATE ANY SUSPECTED VIOLATION OR THE BUSINESS
21 PRACTICES AND METHODS OF ANY APPLICANT OR LICENSEE. EACH
22 APPLICANT OR LICENSEE SHALL, ON REQUEST OF THE BOARD OR THE
23 DISTRICT ATTORNEY, SUPPLY SUCH INFORMATION AS MAY BE REQUIRED
24 CONCERNING HIS OR ITS BUSINESS, BUSINESS PRACTICES OR METHODS.
25 § 1702. ADMINISTRATIVE DISCIPLINARY PROCEEDINGS.
26 (A) DISCIPLINARY ACTION.--THE BOARD MAY REVOKE OR SUSPEND
27 ANY LICENSE OR REGISTRATION GRANTED UNDER THIS ACT, REPRIMAND,
28 CENSURE, FINE OR OTHERWISE DISCIPLINE IN ACCORDANCE WITH THE
29 PROVISIONS OF THIS ACT ANY PARTY THAT, AFTER NOTICE AND HEARING,
30 THE BOARD DETERMINES:
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1 (1) HAS WILLFULLY OR REPEATEDLY ACTED IN A MANNER
2 INCONSISTENT WITH THE HEALTH AND SAFETY OF THE PUBLIC.
3 (2) HAS COMMITTED ANY ACT INVOLVING DISHONESTY, FRAUD OR
4 DECEIT IN THE PRACTICE OF THE BUSINESSES REGULATED HEREIN.
5 (3) IS CONVICTED, IN ANY COURT OF COMPETENT
6 JURISDICTION, OF A FELONY COMMITTED IN THE PRACTICE OF THE
7 BUSINESSES REGULATED HEREIN.
8 (4) HAS DONE ANY ACT WITHOUT A LICENSE OR REGISTRATION
9 FOR WHICH A LICENSE OR REGISTRATION IS REQUIRED UNDER THIS
10 CHAPTER OR HAS EMPLOYED ANY PERSON FOR WHOM A LICENSE OR
11 REGISTRATION CERTIFICATE UNDER THIS CHAPTER IS REQUIRED, WHO
12 DOES NOT HAVE SUCH LICENSE OR REGISTRATION.
13 (5) HAS OTHERWISE VIOLATED THE PROVISIONS OF THIS
14 CHAPTER OR THE RULES ENACTED IN ACCORDANCE THEREWITH.
15 (B) FILING OF CHARGES.--PROCEEDINGS UNDER THIS SECTION SHALL
16 BE BEGUN BY FILING WITH THE BOARD CHARGES IN WRITING AND UNDER
17 OATH. THE CHARGES MAY BE PREFERRED BY ANY PERSON OR BY THE
18 BOARD. THE CHAIRMAN OF THE BOARD SHALL DESIGNATE THREE OR MORE
19 MEMBERS THEREOF AS A HEARING COMMITTEE TO HEAR THE CHARGES AND
20 TO REPORT TO THE BOARD THEREON.
21 (C) WRITTEN NOTICE.--BEFORE ANY HEARING OR DISCIPLINARY
22 ACTION IS TAKEN, THE CHARGED PARTY SHALL BE GIVEN NOTICE IN
23 WRITING OF THE CHARGES AGAINST HIM. THE NOTICE SHALL SET A TIME,
24 DATE AND PLACE OF HEARING NOT LESS THAN TEN DAYS FROM THE DATE
25 OF THE NOTICE.
26 (D) HEARING.--AT THE HEARING THE CHARGED PARTY SHALL HAVE
27 THE RIGHT TO APPEAR EITHER PERSONALLY OR BY COUNSEL, OR BOTH, TO
28 PRODUCE WITNESSES AND EVIDENCE ON HIS OWN BEHALF, TO CROSS-
29 EXAMINE WITNESSES AND TO HAVE SUBPOENAS ISSUED IN HIS BEHALF BY
30 THE HEARING COMMITTEE.
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1 (E) WRITTEN REPORT.--THE HEARING COMMITTEE SHALL MAKE A
2 WRITTEN REPORT TO THE BOARD OF ITS FINDINGS AND RECOMMENDATIONS
3 WHICH SHALL BE CONSIDERED BY THE BOARD IN ARRIVING AT ITS
4 DETERMINATION.
5 (F) COMMITTEE POWERS.--MEMBERS OF THE HEARING COMMITTEE
6 SHALL EXERCISE ANY OF THE POWERS OF THE BOARD AS MAY BE
7 NECESSARY FOR THE PROPER CONDUCT OF THE HEARING.
8 (G) APPEAL.--THE ADMINISTRATIVE DISCIPLINARY PROCEEDINGS
9 SHALL BE CONDUCTED PURSUANT TO 2 PA.C.S. § 103 ET SEQ. (RELATING
10 TO ADMINISTRATIVE AGENCY LAW). EVERY PARTY SHALL HAVE THE RIGHT
11 TO APPEAL ANY DECISION OF THE BOARD AND SUCH APPEALS SHALL BE IN
12 ACCORDANCE WITH THE ADMINISTRATIVE AGENCY LAW.
13 (H) FINES.--ADMINISTRATIVE FINES IMPOSED PURSUANT TO THIS
14 SECTION SHALL NOT EXCEED $1,000 FOR ANY SINGLE VIOLATION. ALL
15 MONEY DERIVED FROM THE ASSESSMENT OF ADMINISTRATIVE FINES IS
16 HEREBY CONTINUOUSLY APPROPRIATED TO THE BOARD TO SUPPORT THE
17 BOARD'S ENFORCEMENT PROGRAM.
18 § 1703. PROSECUTIONS.
19 IN ADDITION TO FOLLOWING ADMINISTRATIVE DISCIPLINARY
20 PROCEEDINGS, THE BOARD MAY, IN ITS DISCRETION, REFER MATTERS
21 BROUGHT TO ITS ATTENTION UNDER THIS SECTION TO THE ATTORNEY
22 GENERAL OR A DISTRICT ATTORNEY FOR CRIMINAL PROSECUTION.
23 CRIMINAL PROSECUTIONS FOR VIOLATION OF THIS PART SHALL BE
24 BROUGHT BY THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY OF THE
25 COUNTY IN WHICH THE VIOLATION OCCURRED.
26 § 1704. INJUNCTION AGAINST UNLAWFUL PRACTICE.
27 IT SHALL BE UNLAWFUL FOR ANY PARTY TO PRACTICE OR ATTEMPT TO
28 OFFER TO PRACTICE THE PROFESSIONS DEFINED IN THIS ACT, WITHOUT
29 HAVING AT THE TIME OF SO DOING, WHERE REQUIRED, A VALID,
30 UNEXPIRED, UNREVOKED AND UNSUSPENDED LICENSE OR REGISTRATION
19830S0633B0893 - 43 -
1 ISSUED UNDER THIS CHAPTER. THE UNLAWFUL PRACTICE OF THE
2 PROFESSIONS DEFINED IN THIS CHAPTER MAY BE ENJOINED BY THE
3 COURTS ON PETITION OF THE BOARD. IN ANY SUCH PROCEEDING IT SHALL
4 NOT BE NECESSARY TO SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED
5 BY THE ACTIONS COMPLAINED OF. IF THE RESPONDENT IS FOUND GUILTY
6 OF UNLAWFUL PRACTICE, THE COURT SHALL ENJOIN HIM FROM SO
7 PRACTICING UNLESS AND UNTIL HE HAS POSSESSED A VALID LICENSE OR
8 REGISTRATION. PROCEDURE IN SUCH CASES SHALL BE THE SAME AS IN
9 ANY OTHER INJUNCTION SUIT. THE REMEDY BY INJUNCTION IS IN
10 ADDITION TO THE ADMINISTRATIVE DISCIPLINE AND CRIMINAL
11 PROSECUTION PROVIDED FOR HEREIN.
12 § 1705. SUBPOENAS.
13 FOR THE PURPOSE OF ENFORCING THE PROVISIONS OF THIS PART, IN
14 MAKING INVESTIGATIONS AND CONDUCTING ADMINISTRATIVE DISCIPLINARY
15 PROCEEDINGS RELATING TO ANY VIOLATION THEREOF AND FOR THE
16 PURPOSE OF INVESTIGATING APPLICANTS OR LICENSEES, THE BOARD, THE
17 ATTORNEY GENERAL AND DISTRICT ATTORNEY, OR THEIR DESIGNEE, SHALL
18 HAVE THE POWER TO SUBPOENA ANY PERSON WITHIN HIS OR ITS
19 JURISDICTION AND REQUIRE THE PRODUCTION OF ANY BOOKS OR PAPERS
20 DEEMED RELEVANT TO THE INQUIRY OR PROCEEDINGS. ANY PERSON
21 SUBPOENAED WHO FAILS TO OBEY THE SUBPOENA WITHOUT REASONABLE
22 CAUSE OR WITHOUT SUCH CAUSE REFUSES TO BE EXAMINED OR TO ANSWER
23 ANY RELEVANT QUESTION COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
24 THE TESTIMONY OF WITNESSES SHALL BE UNDER OATH AND WILLFUL FALSE
25 SWEARING IN ANY SUCH PROCEEDING SHALL BE PUNISHABLE AS PERJURY.
26 SUBCHAPTER B
27 VIOLATIONS AND PENALTIES
28 Sec.
29 1711. Unfair labor practices.
30 1712. Contingent or percentage fees.
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1 1713. Unlicensed activities.
2 1714. False representations.
3 1715. Privileged information and false reports.
4 § 1711. Unfair labor practices.
5 It is a misdemeanor of the third degree for a private
6 detective or any employee of a business licensee knowingly to
7 encourage, aid, commit or participate within or without this
8 Commonwealth in any unfair labor practice.
9 § 1712. Contingent or percentage fees.
10 It is unlawful for a private detective or business licensee
11 to furnish or perform any private detective business service on
12 a contingent or percentage basis, or make or enter into any
13 agreement for furnishing services of any kind or character by
14 the terms or conditions of which agreement the compensation to
15 be paid for the services to the licensee is partially or wholly
16 contingent or based upon a percentage of the amount of money or
17 property recovered or dependent in any way upon the result
18 achieved. A violation of this section may be the basis for
19 denying the renewal of a license.
20 § 1713. Unlicensed activities.
21 Any person, in violation of the provisions of Subchapter A of
22 Chapter 13 (relating to private detective and security
23 business), who engages in the private detective OR SECURITY <--
24 business without a license commits a misdemeanor of the third
25 degree.
26 § 1714. False representations.
27 If the business licensee falsely represents that a person is
28 or has been in his employ, such misrepresentation shall be
29 sufficient cause for the revocation of his license. Any person
30 who falsely represents that he is or has been a detective or
19830S0633B0893 - 45 -
1 employed by a licensee commits a misdemeanor of the third
2 degree. Any person who files with the board the fingerprints,
3 photographs or application for registration of a person other
4 than the applicant commits a misdemeanor of the first degree.
5 § 1715. Privileged information and false reports.
6 Any person who is or has been an employee of a business
7 licensee shall not divulge to anyone other than his employer, or
8 as his employer shall direct, any information acquired by him
9 during such employment in respect to any of the work to which he
10 has been assigned. Any employee violating the provisions of this
11 section, or any employee who shall willfully make a false report
12 to his employer in respect to any of such work, commits a
13 misdemeanor of the third degree. The employer of any employee
14 believed to have violated this section shall, without any
15 liability whatsoever upon the employer, inform the board who
16 shall, should the facts and circumstances warrant it, conduct
17 further investigation and OR ADMINISTRATIVE DISCIPLINARY <--
18 PROCEEDINGS OR refer that matter to the district attorney for
19 appropriate action.
20 PART III
21 PRIVATE POLICE
22 Chapter
23 31. Private Police
24 CHAPTER 31
25 PRIVATE POLICE
26 Sec.
27 3101. Appointment.
28 3102. Oath of office.
29 3103. Powers.
30 3104. Compensation.
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1 3105. Termination of appointment.
2 § 3101. Appointment.
3 Any nonprofit organization or entity, including a nonprofit
4 corporation as defined in Part III of Title 15 (relating to
5 corporations not-for-profit), which maintains a cemetery or any
6 buildings or grounds open to the public, or is organized for the
7 prevention of cruelty to children, aged persons or animals, or
8 conducts agricultural or horticultural exhibitions may apply to
9 the board upon such forms as it shall prescribe for the
10 appointment of specific persons as the applicant may designate
11 to act as private policemen for it. The board after such
12 investigation as it shall deem necessary shall recommend to the
13 Governor the commissioning of such persons as private policemen
14 or advise the applicant of its adverse recommendation and the
15 reasons therefor.
16 § 3102. Oath of office.
17 Every policeman so commissioned shall, before entering upon
18 the duties of his office, take and subscribe the oath required
19 by Article VI of the Constitution of Pennsylvania. The oath and
20 the commission issued by the Governor shall be recorded in the
21 office for the recording of deeds of each county in which it is
22 intended that the policemen shall act and a copy filed with the
23 board.
24 § 3103. Powers.
25 (a) General rule.--Private policemen shall severally possess
26 and exercise all the powers of a police officer in this
27 Commonwealth, in and upon, and in the immediate and adjacent
28 vicinity of, the property of the appointing authority, and in
29 the case of policemen commissioned to act for organizations for
30 prevention of cruelty to persons and animals, shall severally
19830S0633B0893 - 47 -
1 possess and exercise all the powers of a police officer in any
2 county in which they may be directed by their appointing
3 authority to act and may arrest persons for the commission of
4 any offense of cruelty to children, aged persons or animals.
5 (b) Detention of arrested persons.--The keepers of jails and
6 other places of detention in any county of this Commonwealth
7 shall receive all persons arrested by private policemen for
8 purposes of detention until they are dealt with according to
9 law.
10 (c) Badge.--Private policemen when on duty shall wear a
11 metallic shield containing the words "Special officer" and the
12 name of the appointing authority.
13 (d) Weapons.--Policemen so appointed shall not carry a
14 firearm or other weapon either when on duty or off duty unless
15 authorized to do so by other provisions of this title or any
16 other statute.
17 § 3104. Compensation.
18 The compensation of the policemen shall be paid by their
19 appointing authority.
20 § 3105. Termination of appointment.
21 When any appointing authority no longer requires the services
22 of any policeman, it shall file a notice to that effect, under
23 its corporate or other seal, if any, in the office of each
24 recorder of deeds where the oath and commission of the policeman
25 were recorded and with the board. The recorder of deeds shall
26 note this information upon the margin of the record where the
27 commission and oath were recorded.
28 Section 3. Repeals.
29 (a) Specific repeals.--The following acts are repealed:
30 Act of April 26, 1870 (P.L.1269, No.1166), entitled "An act
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1 to authorize the private patrol and watchmen to be commissioned
2 by the mayor of Philadelphia to perform police duty within
3 prescribed limits in said city."
4 Act of April 9, 1873 (P.L.67, No.45), entitled "An act for
5 the further protection of cemeteries in the state of
6 Pennsylvania."
7 Act of April 26, 1883 (P.L.14, No.13), entitled "An act for
8 the protection of agricultural and horticultural societies."
9 Act of June 26, 1895 (P.L.333, No.248), entitled "An act to
10 authorize occupants of real estate in cities and boroughs of the
11 Commonwealth to employ night watchmen, with the approval of the
12 court of quarter sessions of the proper county or of the
13 Director of the Department of Public Safety in any city having
14 such a department, and conferring upon the night watchmen thus
15 employed, all rights, privileges and powers of constables and
16 policemen duly elected or appointed in such cities or boroughs."
17 Act of May 25, 1937 (P.L.799, No.221), entitled "An act
18 prohibiting industrial police from carrying weapons when not on
19 duty; requiring them to leave the same at place of employment;
20 and prescribing penalties."
21 Act of August 21, 1953 (P.L.1273, No.361), known as The
22 Private Detective Act of 1953.
23 Act of October 10, 1974 (P.L.705, No.235), known as the
24 Lethal Weapons Training Act.
25 (b) General repeal.--All other acts and parts of acts are
26 repealed insofar as they are inconsistent with this act.
27 Section 4. Transition provisions.
28 (a) State Board of Private Detectives and Security
29 Businesses.--The Governor shall appoint the members of the State
30 Board of Private Detectives and Security Businesses within 90
19830S0633B0893 - 49 -
1 days of the effective date of this act and the board shall
2 organize within 30 days after the confirmation of the members.
3 (b) Extension of existing licenses.--Each person,
4 partnership, association or corporation who holds a valid
5 license issued pursuant to the former provisions of the act of
6 August 21, 1953 (P.L.1273, No.361), known as The Private
7 Detective Act of 1953, but which license will expire within one
8 year of the effective date of this section shall be deemed to
9 have been granted an extension of that license until one year
10 from the effective date of this section.
11 (c) Information concerning existing licenses.--Each person,
12 partnership, association or corporation who holds a valid
13 license issued pursuant to The Private Detective Act of 1953 on
14 the effective date of this act shall send a copy of the license,
15 or all pertinent information thereon, to the board within 60
16 days of the effective date of this act.
17 (d) Application for new license.--Each person, partnership,
18 association or corporation who holds a valid license issued
19 pursuant to The Private Detective Act of 1953 on the effective
20 date of this act and who desires to engage in a business or
21 profession regulated under this act must make application
22 therefor to the board before 90 days of the expiration of that
23 license or before 90 days of the expiration of that license as
24 extended by subsection (b). If it appears to the board that the
25 person, partnership, association or corporation making
26 application under this subsection does not meet the substantive
27 qualifications of 22 Pa.C.S. § 1323(a) (relating to
28 qualifications for licensure) or 1324 (relating to incompatible
29 employment) the board may nonetheless issue the license upon a
30 public statement of its reasons therefor.
19830S0633B0893 - 50 -
1 (e) Certain applications for license limited to security
2 services.--Any person who prior to the effective date of this
3 act is engaged in providing security services as defined in 22
4 Pa.C.S. § 1102(3) (relating to applicability of part) and has
5 been so engaged in a supervisory capacity for at least five
6 years but does not meet the substantive qualifications of 22
7 Pa.C.S. § 1323(a), may apply to the board for the issuance of a
8 license limited to the services as defined in § 1102(3) and a
9 limited license may be issued in accordance with the provisions
10 of § 1322 (relating to limited licenses).
11 Section 5. Appropriation.
12 The sum of $100,000, or as much thereof as may be necessary,
13 is hereby appropriated to the Department of State for the use of
14 the Bureau of Professional and Occupational Affairs to defray
15 costs and expenses on account of the State Board of Private
16 Detectives and Security Businesses. This sum shall be expended
17 and accounted for in accordance with the act of July 1, 1978
18 (P.L.700, No.124), known as the Bureau of Professional and
19 Occupational Affairs Fee Act, and shall be credited against sums
20 subsequently appropriated in accordance with that act.
21 Section 6. Effective date.
22 Chapter 5 of Title 22 (relating to State Board of Private
23 Detectives and Security Businesses) and sections 4(a), (b) and 5
24 of this act shall take effect immediately and the remaining
25 provisions shall take effect in six months.
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