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                                                      PRINTER'S NO. 3255

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2335 Session of 2004


        INTRODUCED BY SAYLOR, MACKERETH, R. MILLER, BASTIAN, BELFANTI,
           CAPPELLI, CIVERA, CORRIGAN, CRAHALLA, DENLINGER, GEIST,
           HARRIS, KOTIK, LEACH, LEDERER, PAYNE, PISTELLA, SATHER,
           SOLOBAY, E. Z. TAYLOR, THOMAS, WATSON AND YOUNGBLOOD,
           FEBRUARY 3, 2004

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2004

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 22 (Detectives and
     2     Private Police) of the Pennsylvania Consolidated Statutes,
     3     adding the offense of impersonating private detective;
     4     codifying the Private Detective Act of 1953; and making a
     5     repeal related to that codification.

     6     The  General  Assembly  of  the  Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Title 18 of the Pennsylvania Consolidated
     9  Statutes is amended by adding a section to read:
    10  § 4913.1.  Impersonating private detective.
    11     A person commits a misdemeanor of the first degree if the
    12  person:
    13         (1)  falsely pretends to hold a private detective license
    14     within this Commonwealth; or
    15         (2)  falsely pretends to be an employee of a holder of a
    16     private detective license within this Commonwealth; and
    17         (3)  performs any action in furtherance of this false
    18     pretense.

     1     Section 2.  Chapter 3 of Title 22 is repealed and Title 22 is
     2  amended by adding a chapter to read:
     3                             CHAPTER 3
     4                         PRIVATE DETECTIVES
     5  Sec.
     6  301.  Scope of chapter.
     7  302.  Definitions.
     8  303.  License required.
     9  304.  Application for license.
    10  305.  Forged or counterfeit license.
    11  306.  Enforcement.
    12  307.  Investigations.
    13  308.  Bond.
    14  309.  Fee required.
    15  310.  Prohibition.
    16  311.  Issuance of license.
    17  312.  License.
    18  313.  Renewal.
    19  314.  Employees.
    20  315.  Pocket cards and badges.
    21  316.  Prohibited acts.
    22  § 301.  Scope of chapter.
    23     This chapter relates to any individual, corporation,
    24  partnership, firm, business or other legal entity that engages
    25  in the business of private investigation, the business of watch,
    26  guard or patrol agency or the business of a private detective.
    27  § 302.  Definitions.
    28     The following words and phrases when used in the chapter
    29  shall have the meanings given to them in this section unless the
    30  context clearly indicates otherwise:
    20040H2335B3255                  - 2 -     

     1     "Private detective."
     2         (1)  An individual, corporation, partnership, firm,
     3     business or other legal entity which for a fee primarily
     4     engages in any of the following activities:
     5             (i)  The investigation of:
     6                 (A)  Crimes or wrongs done or threatened against
     7             an individual, group of individuals, corporation,
     8             business, partnership or other legal entity.
     9                 (B)  The identity, habits, conduct, movement,
    10             whereabouts, affiliations, associations,
    11             transactions, reputation or character of any
    12             individual, group of individuals, association,
    13             organization, society, partnership or corporation.
    14                 (C)  The credibility of witnesses or other
    15             individuals.
    16                 (D)  The whereabouts of missing individuals.
    17                 (E)  The location or recovery of lost or stolen
    18             property.
    19                 (F)  The causes or origins of or responsibility
    20             for fires or torts or losses, accidents, damage or
    21             injuries to personal or real property.
    22                 (G)  The conduct of employees, agents,
    23             contractors and subcontractors.
    24             (ii)  The securing of evidence for any civil or
    25         criminal proceeding.
    26             (iii)  The provision of watch, guard or private
    27         patrol personnel to protect individuals or property or to
    28         prevent the unlawful taking of personal property or other
    29         items of value.
    30         (2)  The term does not include the following:
    20040H2335B3255                  - 3 -     

     1             (i)  An individual employed by a credit bureau.
     2             (ii)  An individual employed as an investigator or
     3         adjuster for an insurance company.
     4             (iii)  An individual in the exclusive employment of a
     5         common carrier subject to Federal regulation or
     6         regulation by the Pennsylvania Public Utility Commission.
     7             (iv)  An individual employed by a telephone,
     8         telegraph or other telecommunications company subject to
     9         regulation by the Federal Communications Commission or
    10         the Pennsylvania Public Utility Commission.
    11     "Prosecuting authority."  The Attorney General or the
    12  district attorney in the county in which the private detective's
    13  principal place of business is located.
    14  § 303.  License required.
    15     (a)  Unlawful to act without license.--A private detective
    16  shall obtain a license as required in this chapter. A license is
    17  required for each bureau or agency, subagency, office and branch
    18  office owned, managed or maintained by a private detective.
    19     (b)  Employees.--A private detective may employ individuals
    20  to assist the private detective. Nothing in this chapter shall
    21  require an employee of a private detective to obtain a license.
    22  § 304.  Application for license.
    23     (a)  General rule.--An individual, corporation, partnership,
    24  firm, business or other legal entity intending to be a private
    25  detective shall apply for a license as set forth in this
    26  chapter. Failure to do so shall subject the individual,
    27  corporation, partnership, firm, business or other legal entity
    28  to penalties as provided in this chapter and may subject the
    29  individual, corporation, partnership, firm, business or other
    30  legal entity to criminal prosecution under 18 Pa.C.S. § 4913.1
    20040H2335B3255                  - 4 -     

     1  (relating to impersonating private detective).
     2     (b)  Prohibition.--
     3         (1)  In addition to the other requirements of this
     4     chapter, a license shall not be issued unless the applicant
     5     can establish that for no less than three years the applicant
     6     has:
     7             (i)  Held the rank of detective or a rank higher than
     8         that of patrol officer on a municipal police force.
     9             (ii)  Has been:
    10                 (A)  A member of the Pennsylvania State Police.
    11                 (B)  A sheriff.
    12                 (C)  A member of a United States investigative
    13             service.
    14         (2)  An applicant who knowingly gives false information
    15     about the applicant's law enforcement experience in order to
    16     satisfy the requirement of this subsection commits an offense
    17     under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
    18     authorities).
    19         (3)  This subsection shall apply regardless of whether
    20     the applicant is an individual, corporation, partnership,
    21     firm, business or other legal entity. In the case of a
    22     corporation, partnership, firm, business or legal entity
    23     other than a natural person, at least one officer or partner
    24     must meet the requirement of this subsection.
    25     (c)  Form.--The Attorney General shall develop an application
    26  form to be used in applying for a private detective license.
    27  Application forms for a private detective license shall be
    28  available at the office of clerk of courts of the court of
    29  common pleas.
    30     (d)  Contents.--In addition to information provided by the
    20040H2335B3255                  - 5 -     

     1  applicant under subsection (b), the applicant shall:
     2         (1)  Provide a current photograph.
     3         (2)  State his full name, aliases, age, residence,
     4     current and previous occupations, including prior law
     5     enforcement experience pursuant to subsection (b).
     6         (3)  State whether the applicant is applying for a
     7     license as an individual, corporation, partnership, firm,
     8     business or other legal entity.
     9         (4)  Provide the location of the agency and any
    10     subagency, branch, bureau, office or suboffice which is
    11     owned, managed or maintained by the applicant.
    12         (5)  Provide other information which the Attorney General
    13     deems appropriate.
    14         (6)  Sign the application.
    15         (7)  Provide a full set of fingerprints.
    16     (e)  Corporate and certain other entities.--If the applicant
    17  is a corporation, partnership, firm, business or legal entity
    18  other than a natural person, the requirements of this subsection
    19  shall apply to the president, treasurer and secretary of the
    20  corporation, or equivalent officers of a partnership, firm,
    21  business or other legal entity, and shall include copies of the
    22  articles of incorporation or similar documents evidencing
    23  enterprise formation. In the case of death, resignation or
    24  removal of an officer of a corporation, partnership, firm,
    25  business or other legal entity, the successor must comply with
    26  this section, and notice must be provided in writing regarding
    27  the death, resignation or removal, along with a copy of the
    28  minutes of any meeting of the board of directors or similar
    29  body, indicating the removal of an officer and designation of a
    30  successor.
    20040H2335B3255                  - 6 -     

     1     (f)  Penalty.--The application shall state that if an
     2  applicant makes a false written statement on the application
     3  that the applicant does not believe to be true, the applicant
     4  commits an offense under 18 Pa.C.S. § 4904.
     5     (g)  Filing.--The application and any notice of succession
     6  required under subsection (c) shall be filed with the clerk of
     7  courts of the court of common pleas in the judicial district in
     8  which the applicant's principal place of business is located.
     9  The clerk of courts shall forward the application as follows:
    10         (1)  In the case of an applicant who is an individual or
    11     partnership, to the district attorney in the county in which
    12     the applicant's principal place of business is located.
    13         (2)  In all other cases, to the district attorney in the
    14     county in which the applicant's principal place of business
    15     is located and to the Attorney General.
    16     (h)  Fingerprints required.--The clerk of courts shall submit
    17  the fingerprints of the applicant to the Pennsylvania State
    18  Police in order to obtain a report of criminal history record
    19  information from the central repository pursuant to 18 Pa.C.S.
    20  Ch. 91 (relating to criminal history record information) and a
    21  report of Federal criminal history record information. The clerk
    22  of courts shall be the intermediary for purposes of this
    23  subsection. The clerk of courts shall forward Federal and State
    24  criminal history record information to the appropriate
    25  prosecuting authority as follows:
    26         (1)  In the case of an applicant that is an individual or
    27     partnership, to the district attorney in the county in which
    28     the applicant's principal place of business is located.
    29         (2)  In all other cases, to the district attorney in the
    30     county in which the applicant's principal place of business
    20040H2335B3255                  - 7 -     

     1     is located and to the Attorney General.
     2     (i)  Review.--The appropriate prosecuting authority shall
     3  review the application and the criminal history record
     4  information to ensure that an applicant meets the requirements
     5  for issuance of a license or renewal of a license under section
     6  313 (relating to renewal), including the posting of a bond as
     7  required in section 308 (relating to bond). The prosecuting
     8  authority shall also conduct any investigation of the applicant,
     9  or the licensee seeking renewal of a license, that the
    10  prosecuting authority deems necessary to ensure that the
    11  applicant or licensee is one of good character, competency and
    12  integrity.
    13  § 305.  Forged or counterfeit license.
    14     An individual who uses a forgery or a counterfeit license or
    15  who performs the duties of a private detective without complying
    16  with section 304 (relating to application for license) or
    17  without a license issued by the court of common pleas commits a
    18  felony of the third degree.
    19  § 306.  Enforcement.
    20     (a)  Individuals and partnerships.--For an applicant which is
    21  an individual or a partnership, the district attorney shall have
    22  the exclusive authority to enforce this chapter and shall also
    23  have the exclusive duty to conduct investigations as provided in
    24  sections 304(i) (relating to application for license) and 307
    25  (relating to investigations).
    26     (b)  Corporations and businesses.--Subject to subsection (c),
    27  for an applicant other than an individual or partnership, the
    28  district attorney shall have the authority to enforce this
    29  chapter and the duty to conduct investigations as provided in
    30  sections 304(i) and 307.
    20040H2335B3255                  - 8 -     

     1     (c)  Referral.--For an applicant under subsection (b), a
     2  district attorney may refer a matter relating to enforcement or
     3  investigation to the Attorney General. In such a case, the
     4  Attorney General shall have the exclusive duty to enforce the
     5  provisions of this chapter and to conduct any investigation as
     6  provided in sections 304(i) and 307.
     7  § 307.  Investigations.
     8     (a)  General rule.--The prosecuting authority shall have the
     9  power upon his own initiative or upon complaint of an individual
    10  to:
    11         (1)  Investigate the business practices of an applicant
    12     or private detective.
    13         (2)  Investigate alleged violations of this chapter by an
    14     applicant or private detective.
    15         (3)  Conduct an investigation as set forth in section
    16     304(i) (relating to application for license).
    17         (4)  Investigate any other matter arising under this
    18     chapter.
    19     (b)  Method.--The prosecuting authority shall have the power
    20  to:
    21         (1)  Issue subpoenas to bring before the prosecuting
    22     attorney any individual or to require the production of any
    23     books or papers which the prosecuting authority deems
    24     relevant to the investigation.
    25         (2)  Take depositions.
    26         (3)  Take testimony.
    27         (4)  Administer oaths.
    28     (c)  Penalty.--An individual who, without reasonable cause,
    29  fails to obey a subpoena issued by a prosecuting authority or
    30  fails, without reasonable cause, to be examined by a prosecuting
    20040H2335B3255                  - 9 -     

     1  authority commits a misdemeanor of the third degree.
     2  § 308.  Bond.
     3     (a)  General rule.--An applicant for a private detective
     4  license shall deliver to the clerk of courts a bond in the
     5  amount of $10,000 for an individual or partnership or a bond in
     6  the amount of $25,000 in all other cases.
     7     (b)  Surety required.--The bond shall be written by a
     8  corporate surety company authorized to do business in this
     9  Commonwealth as a surety and shall be executed to the
    10  Commonwealth of Pennsylvania.
    11     (c)  Clerk of courts.--The clerk of courts shall forward
    12  evidence of the bond to the appropriate prosecuting authority.
    13  § 309.  Fee required.
    14     (a)  General rule.--The license fee for a private detective
    15  meeting the requirements of this chapter shall be paid to the
    16  court of common pleas in the judicial district where the
    17  principal place of business of the private detective is located.
    18  License fees are as follows:
    19         (1)  For an individual or partnership, $300.
    20         (2)  For a private detective not included under paragraph
    21     (1), $1,000.
    22     (b)  Additional fee.--In accordance with section 303
    23  (relating to license required), a fee of $100 shall be paid for
    24  the license required for each bureau or agency, subagency,
    25  office or branch office owned, maintained or managed by a
    26  private detective. Each fee of $100 shall be paid to the court
    27  of common pleas in the judicial district where each bureau or
    28  agency, subagency, office or branch is located.
    29     (c)  Duration.--A license under subsection (a)(1) shall last
    30  for two years. A license under subsection (a)(2) shall last for
    20040H2335B3255                 - 10 -     

     1  five years.
     2     (d)  Revocation.--The court of common pleas shall revoke the
     3  license for good cause shown. In the case of revocation, no
     4  refund of license fees paid pursuant to this chapter shall be
     5  made.
     6  § 310.  Prohibition.
     7     In no case shall a private detective license be issued to an
     8  applicant if the applicant's criminal history record information
     9  indicates the applicant has been convicted of any of the
    10  following:
    11         (1)  An offense designated as a felony under the act of
    12     April 14, 1972 (P.L.233, No.64), known as The Controlled
    13     Substance, Drug, Device and Cosmetic Act.
    14         (2)  An offense under one or more of the provisions of 18
    15     Pa.C.S. (relating to crimes and offenses):
    16             Chapter 25 (relating to criminal homicide).
    17             Chapter 27 (relating to assault) where the offense is
    18         graded higher than a summary offense.
    19             Chapter 29 (related to kidnapping).
    20             Chapter 31 (relating to sexual offenses).
    21             Section 3301 (relating to arson and related
    22         offenses).
    23             Section 3502 (relating to burglary).
    24             Chapter 37 (relating to robbery).
    25             Chapter 39 (relating to theft and related offenses)
    26         where the offense is graded higher than a summary
    27         offense.
    28             Chapter 41 (relating to forgery and fraudulent
    29         practices).
    30             Chapter 43 (relating to offenses against the family).
    20040H2335B3255                 - 11 -     

     1             Chapter 47 (relating to bribery and corrupt
     2         influence).
     3             Chapter 49 (relating to falsification and
     4         intimidation).
     5             Chapter 53 (relating to abuse of office).
     6             Chapter 55 (relating to riot, disorderly conduct and
     7         related offenses) where the offense is graded higher than
     8         a summary offense.
     9             Chapter 59 (relating to public indecency).
    10             Chapter 63 (relating to minors) where the offense is
    11         graded higher than a summary offense.
    12         (3)  A Federal or out-of-State offense similar in nature
    13     to those listed in paragraphs (1) and (2).
    14         (4)  An attempt, solicitation or conspiracy to commit any
    15     of the offenses listed in paragraphs (1) and (2).
    16  § 311.  Issuance of license.
    17     (a)  Clerk of courts.--The clerk of courts shall issue a
    18  private detective license within ten days of being notified by
    19  the prosecuting authority that all of the requirements for a
    20  license under this chapter have been met.
    21     (b)  Requirements.--In no case shall the clerk of courts
    22  issue a license unless:
    23         (1)  The application and the criminal history record
    24     information have been examined by the prosecuting authority
    25     in order to ensure compliance with the requirements of this
    26     chapter.
    27         (2)  The bond and license fee have been paid by the
    28     applicant.
    29         (3)  The prosecuting authority is satisfied that the
    30     applicant is one of good character, competency and integrity.
    20040H2335B3255                 - 12 -     

     1     (c)  Notification.--The prosecuting authority shall notify
     2  the clerk of courts when all requirements of this chapter have
     3  been met by an applicant. The prosecuting authority shall also
     4  notify the clerk of courts of the failure of an applicant to
     5  meet the requirements of this chapter.
     6  § 312.  License.
     7     (a)  Contents.--The Attorney General shall prescribe the form
     8  of a private detective license. It shall contain the following
     9  information:
    10         (1)  The full name of the licensee.
    11         (2)  The location of the principal place of business and
    12     the location of the bureau, agency, subagency, office or
    13     branch office for which the license is issued.
    14         (3)  The date on which the license will expire.
    15         (4)  The names and residences of the individuals that
    16     applied for the license.
    17         (5)  Other information the Attorney General deems
    18     appropriate.
    19     (b)  Change of residence.--A licensee shall notify the clerk
    20  of courts in writing within 24 hours of a change of residence of
    21  the licensee. Failure to meet the requirements of this
    22  subsection shall constitute grounds for revocation of the
    23  license by the court of common pleas.
    24     (c)  Change of location.--A licensee shall notify the clerk
    25  of courts in writing within 24 hours of a change of location of
    26  the principal place of business or the location of the bureau,
    27  agency, subagency, office or branch for which the license was
    28  issued. Notice shall include the new location of the principal
    29  place of business or the bureau, agency, subagency, office or
    30  branch office and the date on which the change was made. Failure
    20040H2335B3255                 - 13 -     

     1  to meet the requirements of this subsection shall constitute
     2  grounds for revocation of the license by the court of common
     3  pleas.
     4     (d)  License.--In the case of a change of location as
     5  described in subsection (c), the licensee shall deliver the
     6  license to the clerk of courts. The clerk of courts shall note
     7  the change on the license and return it to the licensee.
     8     (e)  License to be posted.--A licensee shall post his private
     9  detective license in a conspicuous place in the bureau, agency,
    10  subagency, office or branch office. Failure to post the license
    11  as provided in this subsection shall constitute a misdemeanor of
    12  the third degree.
    13     (f)  Expiration.--A private detective shall surrender his
    14  license to the clerk of courts within 72 hours of its expiration
    15  or within 72 hours after notice has been provided to the private
    16  detective that the license has been revoked. A private detective
    17  who fails to comply with this subsection commits a misdemeanor
    18  of the third degree.
    19  § 313.  Renewal.
    20     (a)  General rule.--Within six months of expiration, a
    21  licensee may apply for renewal of a private detective license.
    22     (b)  Form.--The Attorney General shall prescribe a renewal
    23  form.
    24     (c)  Requirements.--In the case of an application for renewal
    25  of a license, the applicant must:
    26         (1)  Pay a bond as required in section 308 (relating to
    27     bond).
    28         (2)  Pay a fee as required in section 309 (relating to
    29     fee required).
    30         (3)  Meet the requirements of section 310 (relating to
    20040H2335B3255                 - 14 -     

     1     prohibition).
     2     (d)  Prohibition.--A license shall not be renewed by the
     3  clerk of courts until the requirements of section 311(b) and (c)
     4  (relating to issuance of license) have been met.
     5     (e)  Prosecuting authority.--The appropriate prosecuting
     6  authority shall conduct a review of the licensee as provided in
     7  section 304(i) (relating to application for license).
     8  § 314.  Employees.
     9     (a)  General rule.--A private detective may employ as many
    10  individuals as necessary to assist the private detective in the
    11  work of a private detective. The private detective shall at all
    12  times during such employment be responsible for the reasonable
    13  supervision of each individual.
    14     (b)  Prohibition.--In no case shall a private detective
    15  knowingly, recklessly or negligently hire an individual who has
    16  been convicted of any of the offenses listed in section 310
    17  (relating to prohibition) or who fails to fill out an employee
    18  statement as specified in subsections (c) and (d).
    19     (c)  Application.--A prospective employee of a private
    20  detective shall complete an application form which is prescribed
    21  by the Attorney General. A private detective shall act with due
    22  diligence to reasonably verify the truthfulness of the employee
    23  statement.
    24     (d)  Attorney General.--
    25         (1)  The Attorney General shall develop a form for an
    26     applicant seeking employment with a private detective to be
    27     known as the employee statement. The applicant shall:
    28             (i)  Provide a current photograph.
    29             (ii)  State the applicant's name, aliases, prior
    30         employment history, address, prior residences and Social
    20040H2335B3255                 - 15 -     

     1         Security number.
     2             (iii)  State whether the applicant has met the
     3         requirements of the act of October 10, 1974 (P.L.705,
     4         No.235), known as the Lethal Weapons Training Act.
     5             (iv)  State the country of which the applicant is a
     6         citizen.
     7             (v)  Provide a physical description.
     8             (vi)  Provide a statement that the applicant has not
     9         been convicted of any of the offenses in section 310.
    10             (vii)  Comply with any other requirement the Attorney
    11         General deems appropriate.
    12         (2)  The employee statement shall state that if the
    13     applicant knowingly provides false information, the applicant
    14     commits an offense under 18 Pa.C.S. § 4904 (relating to
    15     unsworn falsification to authorities).
    16     (e)  Criminal history.--The applicant shall submit two sets
    17  of fingerprints with the employee statement to the private
    18  detective. The private detective shall keep one set of
    19  fingerprints on file with the employee statement and shall
    20  forward the other set of fingerprints to the clerk of courts
    21  along with a copy of the employee statement. The clerk of courts
    22  shall submit the fingerprints of the applicant to the
    23  Pennsylvania State Police in order to obtain a report of
    24  criminal history record information from the central repository
    25  pursuant to 18 Pa.C.S Ch. 91 (relating to criminal history
    26  record information) and a report of Federal criminal history
    27  record information. The clerk of courts shall be the
    28  intermediary for the purposes of this subsection. The clerk of
    29  courts may from time to time and shall upon request of a
    30  prosecuting authority cause the fingerprints of an applicant to
    20040H2335B3255                 - 16 -     

     1  be checked against the fingerprints on file in the central
     2  repository or the national fingerprint file.
     3     (f)  Review.--If the clerk of courts finds any record
     4  affecting the fingerprints of the applicant, the clerk of courts
     5  shall immediately notify the private detective and the district
     6  attorney. The clerk of courts shall forward the criminal history
     7  record information and a copy of the employee statement to the
     8  district attorney. The district attorney shall review the
     9  criminal history record information of the applicant to
    10  determine whether the applicant has been convicted of any
    11  offense listed in section 310. When the review is complete, the
    12  district attorney shall notify the clerk of courts and the
    13  private detective whether the applicant is prohibited from being
    14  employed by a private detective.
    15     (g)  District attorney.--The district attorney when
    16  conducting a review pursuant to subsection (f) may also review
    17  the employee statement in order to determine the applicant's
    18  compliance with this section.
    19     (h)  Employer.--A private detective who knowingly, recklessly
    20  or negligently employs an applicant in violation of this section
    21  commits a misdemeanor of the first degree. A private detective
    22  who knowingly, recklessly or negligently files the fingerprints
    23  of an individual other than the applicant under the applicant's
    24  name with the clerk of courts commits a misdemeanor of the third
    25  degree.
    26     (i)  Revocation.--Failure to comply with the provisions of
    27  this section shall constitute grounds for the revocation of a
    28  license by the court of common pleas. In such a case, the court
    29  may revoke a license upon its own motion or upon the motion of
    30  another.
    20040H2335B3255                 - 17 -     

     1  § 315.  Pocket cards and badges.
     2     (a)  Private detectives.--When the prosecuting authority
     3  notifies the clerk of courts pursuant to section 311 (relating
     4  to issuance of license) that all of the requirements for the
     5  issuance of a private detective license have been met, the clerk
     6  of courts shall issue to the private detective a pocket card and
     7  a badge. The pocket card shall be of the size and design as the
     8  Attorney General shall designate and shall be nontransferable.
     9  At minimum, the pocket card shall include the following:
    10         (1)  The private detective's name.
    11         (2)  The private detective's photograph.
    12         (3)  The name and business address of the legal entity
    13     holding the license.
    14     (b)  Employees.--If the clerk of courts finds no record
    15  affecting the fingerprints of an applicant seeking employment
    16  with a private detective or if the clerk of courts has been
    17  notified by the district attorney that an applicant is not
    18  prohibited from being hired due to criminal history record
    19  information in accordance with section 314(f) (relating to
    20  employees), the clerk of courts shall issue to the private
    21  detective a pocket card and badge for use by the employee. If
    22  the private detective does not employ the applicant for any
    23  reason, the private detective shall return the pocket card and
    24  badge to the clerk of courts. The clerk of courts shall destroy
    25  a returned pocket card and badge. Failure of the private
    26  detective to return the pocket card and badge shall constitute
    27  grounds for revocation of a license and shall constitute a
    28  summary offense.
    29     (c)  Holders of pocket cards and badges.--It shall be
    30  unlawful for a private detective or an employee of a private
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     1  detective to lend or to transfer the pocket card or badge to
     2  another or to allow any other individual to use, wear or display
     3  a pocket card or badge. A private detective or employee who
     4  violates this subsection commits a misdemeanor of the third
     5  degree.
     6     (d)  Attorney General.--The Attorney General shall design a
     7  pocket card and badge for use by private detectives and their
     8  employees.
     9  § 316.  Prohibited acts.
    10     (a)  Information.--Except as otherwise provided by law, no
    11  employee of a private detective shall divulge information
    12  learned in the employee's capacity of employee of a private
    13  detective to anyone other than the private detective or to an
    14  individual designated by the private detective.
    15     (b)  Penalty.--An employee who violates subsection (a)
    16  commits a misdemeanor of the third degree.
    17     Section 3.  A private detective who is licensed in accordance
    18  with the act of August 21, 1953 (P.L.1273, No.361), known as The
    19  Private Detective Act of 1953, as of the effective date of this
    20  act shall be deemed to be licensed under and in compliance with
    21  22 Pa.C.S. Ch. 3 for the balance of the private detective's
    22  current term of license.
    23     Section 4.  The act of August 21, 1953, (P.L.1273, No.361),
    24  known as The Private Detective Act of 1953, is repealed.
    25     Section 5.  This act shall take effect in 180 days.




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