PRIOR PRINTER'S NOS. 942, 1402, 2013 PRINTER'S NO. 2135
No. 825 Session of 2007
INTRODUCED BY WALKO, SAYLOR, WHEATLEY, MARSICO, BELFANTI,
CAPPELLI, CASORIO, FABRIZIO, GIBBONS, KOTIK, MAHONEY, MYERS,
PETRI, SOLOBAY, JOSEPHS, JAMES, CREIGHTON, SIPTROTH, SHAPIRO,
CALTAGIRONE, BROOKS AND MURT, MARCH 19, 2007
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 2007
AN ACT
1 Amending Title 22 (Detectives and Private Police) of the
2 Pennsylvania Consolidated Statutes, amending the heading of
3 Title 22 and 22 Pa.C.S. Ch. 3; codifying and making extensive
4 revisions to The Private Detective Act of 1953; codifying the
5 Lethal Weapons Training Act; further providing for the
6 definition of "privately employed agents"; providing for the
7 continuation of certain licenses; making an appropriation;
8 and making related repeals.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The heading of Title 22 of the Pennsylvania
12 Consolidated Statutes is amended to read:
13 TITLE 22
14 [DETECTIVES AND PRIVATE POLICE] PRIVATE INVESTIGATORS,
15 SECURITY PROFESSIONALS, FUGITIVE RECOVERY AGENTS, PRIVATE POLICE
16 AND LETHAL WEAPONS
17 Section 2. Chapter 3 of Title 22 is amended to read:
18 [CHAPTER 3
19 DETECTIVES
1 (RESERVED)]
2 Section 3. Title 22 is amended by adding chapters to read:
3 CHAPTER 3
4 PRIVATE INVESTIGATORS, SECURITY PROFESSIONALS
5 AND FUGITIVE RECOVERY AGENTS
6 Sec.
7 301. Scope of chapter.
8 302. Declaration of policy.
9 303. Definitions.
10 304. Board.
11 305. Deposit of funds.
12 306. Licensure.
13 307. Form of license.
14 308. License renewal.
15 309. Change of residence or business location.
16 310. Expedited reciprocal licensing.
17 311. Employees.
18 312. Private investigator employees.
19 313. Pocket cards and badges.
20 314. Firearms.
21 315. Bond and insurance.
22 316. Licensure of corporations and other legal entities.
23 317. Criminal history record check.
24 318. Prohibition.
25 319. Title and utilization.
26 320. Rules of professional conduct.
27 321. Sanctions.
28 322. Injunction.
29 323. Unlawful acts.
30 324. Exclusions.
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1 325. Restrictions on public disclosure.
2 § 301. Scope of chapter.
3 This chapter relates to private investigators, security
4 professionals and fugitive recovery agents.
5 § 302. Declaration of policy.
6 The General Assembly finds and declares as follows:
7 (1) The practice of private investigators and security
8 professionals has been regulated at a county level, which has
9 resulted in inconsistent regulation on a Statewide basis.
10 (2) The practice of fugitive recovery agents has
11 essentially been unregulated in this Commonwealth.
12 (3) Reasonable Statewide regulation of these professions
13 is in furtherance of public health, safety and welfare
14 interests.
15 (4) Statewide regulation is necessary to set standards
16 of conduct for each of these professions and to protect the
17 public from unprincipled practitioners.
18 (5) Consumer protection with respect to both health and
19 economic matters will be afforded the public through the
20 regulation and associated legal remedies provided for in this
21 chapter.
22 § 303. Definitions.
23 The following words and phrases when used in this chapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Account." The Professional Licensure Augmentation Account.
27 "Applicant." An individual who applies for any license under
28 this chapter. The term does not include an individual renewing a
29 license under section 308 (relating to license renewal).
30 "Board." The State Board of Private Investigators, Security
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1 Professionals and Fugitive Recovery Agents established in
2 section 304 (relating to board).
3 "Bureau." The Bureau of Professional and Occupational
4 Affairs.
5 "Categories of licenses." Private investigator licenses,
6 security professional licenses and fugitive recovery agent
7 licenses.
8 "CPIN-compatible." Compatible with the Commonwealth Photo
9 Imaging Network.
10 "Fugitive recovery agent."
11 (1) An individual, corporation, partnership, limited
12 liability company or other legal entity which for a fee
13 primarily engages in one or more of the following:
14 (i) Fugitive recovery.
15 (ii) Bail enforcement.
16 (iii) Bail recovery.
17 (iv) Investigation as to the location or whereabouts
18 of any person who has failed to appear in any Federal or
19 State court of law, when required by law, or has failed
20 to answer any criminal charge or subpoena, when required
21 by law.
22 (v) Assistance in the apprehension, arrest,
23 detention, confinement, surrender or securing of a person
24 described in subparagraph (iv).
25 (vi) Surveillance of a person described in
26 subparagraph (iv).
27 (2) The term does not include any individual excluded
28 from this chapter by section 324 (relating to exclusions).
29 "License." Any license to practice as a private
30 investigator, security professional or fugitive recovery agent
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1 under this chapter.
2 "Licensee." An individual, corporation, partnership, limited
3 liability company or other legal entity who holds a license
4 under this chapter.
5 "Private Detective Act of 1953." The former act of August
6 21, 1953 (P.L.1273, No.361), known as The Private Detective Act
7 of 1953.
8 "Private investigator."
9 (1) An individual, corporation, partnership, limited
10 liability company or other legal entity which for a fee
11 primarily engages in the investigation of any of the
12 following activities:
13 (i) Crimes or wrongs done or threatened against an
14 individual, corporation, partnership, limited liability
15 company or other legal entity.
16 (ii) The identity, habits, conduct, movement,
17 whereabouts, affiliations, association, transactions,
18 reputation or character of any individual, group of
19 individuals, association, organization, society,
20 partnership, corporation, limited liability company or
21 other legal entity.
22 (iii) The credibility of witnesses or other
23 individuals.
24 (iv) The whereabouts of missing individuals.
25 (v) The location or recovery of lost or stolen
26 property.
27 (vi) The cases or origins of or responsibility for
28 fires or torts or losses, accidents, damage or injuries
29 to personal or real property.
30 (vii) The conduct of employees, agents, contractors
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1 and subcontractors.
2 (viii) The securing of evidence for any civil or
3 criminal proceeding.
4 (2) The term does not include any individual excluded
5 from this chapter by section 324 (relating to exclusions).
6 "Security professional."
7 (1) An individual, corporation, partnership, limited
8 liability company or other legal entity which for a fee
9 primarily provides security guards, watchmen or private
10 patrolmen for any individual, private corporation or other
11 legal entity.
12 (2) The term does not include any individual excluded
13 from this chapter by section 324 (relating to exclusions).
14 "Serious misdemeanor." A criminal offense for which more
15 than one year in prison can be imposed as a punishment.
16 § 304. Board.
17 (a) Establishment.--The State Board of Private
18 Investigators, Security Professionals and Fugitive Recovery
19 Agents is established as a board in the bureau.
20 (b) Membership.--The following shall be members of the
21 board:
22 (1) The Commissioner of Professional and Occupational
23 Affairs or a designee.
24 (2) The Commissioner of Pennsylvania State Police or a
25 designee.
26 (3) The Attorney General or a designee.
27 (4) Five public members, who are residents of this
28 Commonwealth, appointed by the Governor, with the advice and
29 consent of a majority of the members elected to the Senate.
30 At least one of the five public members must be an attorney
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1 whose practice primarily consists of representation of
2 criminal defendants. At least one of the five public members
3 must be an attorney whose practice primarily consists of the
4 representation of civil plaintiffs. At least one of five
5 public members must be an attorney whose practice primarily
6 consists of the representation of civil defendants. A person
7 shall not be eligible for appointment under this paragraph if
8 the person or any member of the person's immediate family, as
9 defined under 65 Pa.C.S. § 1102 (relating to definitions),
10 meets any of the following provisions:
11 (i) Is licensed under this chapter or the Private
12 Detective Act of 1953.
13 (ii) Has, other than as a consumer, a financial
14 interest in a business entity which engages in an
15 activity licensed by this chapter.
16 (5) Nine professional members appointed by the Governor
17 with the advice and consent of a majority of the members
18 elected to the Senate. The professional members shall:
19 (i) be licensed under this chapter; and
20 (ii) include at least two licensees from each of the
21 categories of licenses under this chapter.
22 (c) Initial appointments.--Notwithstanding the provisions of
23 subsection (b)(4) and section 316 (relating to licensure of
24 corporations and other legal entities), the following shall
25 apply:
26 (1) Individuals licensed under the Private Detective Act
27 of 1953 shall, until the expiration of the license, be
28 qualified to serve as professional members of the board as
29 representatives of private investigator licensees or security
30 professional licensees under this chapter.
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1 (2) Fugitive recovery agents who have been actively
2 engaged in their profession and have a well-respected
3 reputation in the field shall, until July 1, 2010, be
4 qualified to serve as professional members of the board as
5 representatives of fugitive recovery agent licensees under
6 this chapter.
7 (d) Terms.--All of the following shall apply to terms of
8 members:
9 (1) Members under subsection (b)(1), (2) and (3) shall
10 serve ex officio.
11 (2) Members under subsection (b)(4) shall serve initial
12 terms as follows:
13 (i) One member shall be appointed for a term of two
14 years.
15 (ii) Two members shall be appointed for a term of
16 three years.
17 (iii) Two members shall be appointed for a term of
18 four years.
19 (3) Members under subsection (b)(5) shall serve initial
20 terms as follows:
21 (i) Three members shall be appointed for a term of
22 two years.
23 (ii) Three members shall be appointed for a term of
24 three years.
25 (iii) Three members shall be appointed for a term of
26 four years.
27 (4) After the expiration of a term under paragraph (2)
28 or (3), a subsequent term shall be for four years.
29 (5) A replacement for a member under subsection (b)(4)
30 or (5) shall serve the remainder of the unexpired term.
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1 (6) A member under subsection (b)(4) or (5) shall not be
2 eligible for more than two consecutive terms.
3 (e) Procedure.--All of the following shall apply to board
4 procedure:
5 (1) A majority of the members of the board constitutes a
6 quorum. A member must participate at a meeting of the board
7 in person or by teleconference for purposes of meeting a
8 quorum.
9 (2) Voting must be direct; voting by proxy shall not be
10 permitted.
11 (f) Organization.--All of the following shall apply to board
12 organization:
13 (1) An organizational meeting of the board shall be held
14 annually at which time the board shall elect from its
15 membership a president, a vice president and a secretary, who
16 shall serve for one year or until their successors are duly
17 elected.
18 (2) If a vacancy in the office of president, vice
19 president or secretary of the board occurs, the remaining
20 members of the board shall fill the vacancy by election.
21 (g) Compensation.--Each member of the board under subsection
22 (b)(4) or (5), when performing functions of the board, shall
23 receive all of the following:
24 (1) A per diem fee of $100 for each meeting the member
25 attends in person. No member shall receive more than $1,000
26 of aggregate per diem fees in any calendar year.
27 (2) Reasonable travel, hotel and other necessary
28 expenses, as set by regulation of the board.
29 (h) Meetings.--The board shall meet at least once every two
30 months and at additional times as necessary to conduct the
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1 business of the board.
2 (i) Participation.--A member of the board under subsection
3 (b)(4) or (5) who fails to attend three consecutive meetings
4 shall forfeit membership unless the president, upon written
5 request from the member, finds that the member should be excused
6 for good cause.
7 (j) Powers and duties.--The board shall have all of the
8 following powers and duties to administer this chapter:
9 (1) To contract for the development of a licensing
10 examination for each of the categories of licenses. The
11 licensing examinations shall, at a minimum, test an
12 applicant's knowledge of the laws of this Commonwealth and
13 the United States which are applicable to the practice of
14 that category of license.
15 (2) To develop applications and renewal applications for
16 each of the categories of licenses.
17 (3) To promulgate reasonable rules and regulations to
18 carry out the provisions of this chapter.
19 (4) To establish monetary penalties and fees for
20 licenses, renewals, badges, pocket cards and other goods and
21 services provided by the board to licensees. Initial fees
22 shall be designed to recover the board's administrative
23 costs. If the funds raised by penalties and fees under this
24 chapter are not sufficient to meet the board's administrative
25 costs over a two-year period, the board may promulgate
26 regulations to increase those penalties and fees so that the
27 projected funds will meet the board's projected costs.
28 (5) To enforce the laws of this Commonwealth relating to
29 the practice of private investigators, security professionals
30 and fugitive recovery agents and to instruct and require
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1 agents of the board to initiate appropriate proceedings for
2 unauthorized and unlawful practice.
3 (6) To take disciplinary action as described in this
4 chapter. In all disciplinary proceedings brought pursuant to
5 this chapter, the board shall have the power to administer
6 oaths, to summon witnesses and to compel the production of
7 documents in accordance with law. Upon the failure of any
8 person to appear or produce documents in accordance with the
9 board's order, the board may take appropriate action in
10 accordance with the act of October 15, 1980 (P.L.950,
11 No.164), known as the Commonwealth Attorneys Act, to enforce
12 compliance.
13 (7) To take appropriate actions to initiate injunction
14 and criminal prosecution proceedings in connection with the
15 unlawful and unauthorized practice of private investigators,
16 security professionals or fugitive recovery agents or other
17 violations of this chapter. Injunction and criminal
18 proceedings shall be instituted in accordance with the
19 Commonwealth Attorneys Act.
20 (8) To keep a record of board proceedings.
21 (9) To keep a record of applications and renewal
22 applications, including a copy of all materials submitted
23 with applications and renewal applications.
24 (10) To keep records relating to all licensees directly
25 related to the practice of private investigators, security
26 professionals and fugitive recovery agents.
27 (11) To maintain an up-to-date roster showing the names
28 and business addresses of licensees. The roster shall be made
29 available to the public upon request and shall be posted on
30 the Internet.
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1 (12) To establish a system which assures that licensees
2 receive timely information from the board regarding issues
3 affecting the practice and regulation of their license. The
4 system shall include the mailing of a renewal application
5 under section 308 (relating to license renewal) to each
6 licensee at the most recent address in the records of the
7 board.
8 (13) To design badges and pocket cards for each of the
9 categories of licenses.
10 (14) To approve badge designs submitted by a security
11 professional for use by employees of that security
12 professional.
13 (15) To conduct criminal history record checks as
14 provided in section 317 (relating to criminal history record
15 check).
16 (16) To develop and administer a mandatory continuing
17 professional education program for each of the categories of
18 licenses. The continuing professional education program shall
19 consist of at least 12 hours of mandatory continuing
20 education for each licensee during each two-year license
21 period.
22 (17) To develop and enforce rules of professional
23 conduct for each of the categories of licenses.
24 (18) To develop standards and practices, in
25 circumstances where an employee of the board has safety
26 concerns, to request aid from the chief law enforcement
27 officer, as defined under 42 Pa.C.S. § 8951 (relating to
28 definitions), of the political subdivision where any bureau,
29 agency, office or branch office of a licensee is located.
30 (19) To issue licenses, renew licenses, reinstate
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1 licenses, refuse to renew, suspend and revoke licenses as
2 provided under this chapter.
3 (20) To develop standards for the training and
4 professional development of employees by licensees.
5 § 305. Deposit of funds.
6 Fees and penalties collected under this chapter shall be paid
7 into the account and used by the bureau and the board to
8 administer this chapter.
9 § 306. Licensure.
10 (a) Requirement.--Except as set forth in section 324
11 (relating to exclusions), all of the following shall apply:
12 (1) A private investigator's license is required in
13 order to practice as a private investigator.
14 (2) A security professional's license is required in
15 order to practice as a security professional.
16 (3) A fugitive recovery agent's license is required in
17 order to practice as a fugitive recovery agent after July 1,
18 2009.
19 (b) Employees.--A licensee may employ individuals to assist
20 the licensee. Nothing in this chapter shall require an employee
21 of a licensee to obtain a license.
22 (c) Qualifications.--All applicants for any license under
23 this chapter must meet all of the following:
24 (1) Be at least 25 years of age.
25 (2) Be a United States citizen.
26 (3) Be of good moral character.
27 (4) Not be addicted to the habitual use of alcohol,
28 narcotics or other habit-forming drugs.
29 (5) Have a criminal history which does not include any
30 of the offenses listed under section 318 (relating to
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1 prohibition).
2 (6) Qualify by successful completion of a professional
3 licensing examination for the category of license which is
4 the subject of the application.
5 (d) Additional qualifications.--An applicant for a specific
6 license shall meet the following specific additional
7 qualifications:
8 (1) In addition to the other requirements of this
9 chapter, a private investigator license shall not be issued
10 unless the applicant for the license has held one or more of
11 the following positions for a period of at least three years
12 and was not separated from the position for a period of more
13 than five years from the time of application:
14 (i) Worked as an investigator as a member of the
15 Pennsylvania State Police.
16 (ii) Worked as an investigator as a member of a
17 state, county or municipal police force.
18 (iii) Worked as an investigator as a member of a
19 United States or state investigative service.
20 (iv) Worked full time as a private investigator
21 licensed under the Private Detective Act of 1953.
22 (v) Worked full time under the direction of a
23 private investigator who is or was licensed under this
24 chapter or under the Private Detective Act of 1953.
25 (vi) Worked full time as an investigator or in a
26 similar capacity for an insurance company in a special
27 investigation unit.
28 (vii) Worked full time as an attorney or an
29 investigator for an attorney or law firm.
30 (viii) Worked full time as an investigator for a
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1 common carrier or any entity regulated by the
2 Pennsylvania Public Utility Commission.
3 (ix) Has other investigative or investigative
4 support experience that the board finds relevant to the
5 activities of a private investigator.
6 (2) In addition to the other requirements of this
7 chapter, a security professional license shall not be issued
8 unless the applicant for the license has held one or more of
9 the following positions for a period of at least three years
10 and was not separated from the position for a period of more
11 than five years from the time of application:
12 (i) Worked as a member of the Pennsylvania State
13 Police.
14 (ii) Worked as a member of a state, county or
15 municipal police force.
16 (iii) Worked as a sheriff or deputy sheriff.
17 (iv) Worked as a member of a Federal or state
18 investigative service.
19 (v) Worked full time under the direction of a
20 security professional who is or was licensed under this
21 chapter.
22 (vi) Worked full time as a private investigator
23 licensed under the Private Detective Act of 1953.
24 (vii) Worked full time under the direction of a
25 private investigator who was licensed under the Private
26 Detective Act of 1953.
27 (viii) Has other security or security support
28 experience that the board finds relevant to the
29 activities of a security professional.
30 (3) In addition to the other requirements of this
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1 chapter, a fugitive recovery agent license shall not be
2 issued unless the applicant for the license has held one or
3 more of the following positions for a period of at least
4 three years and was not separated from the position for a
5 period of more than five years from the time of application:
6 (i) Worked as a member of the Pennsylvania State
7 Police.
8 (ii) Worked as a member of a state, county or
9 municipal police force.
10 (iii) Worked as a sheriff or deputy sheriff.
11 (iv) Worked as a constable or deputy constable
12 certified to perform judicial duties under 42 Pa.C.S. Ch.
13 29 Subch. C (relating to constables).
14 (v) Worked as a member of a state or United States
15 investigative service.
16 (vi) Worked full time under the direction of a
17 fugitive recovery agent who is or was licensed under this
18 chapter.
19 (vii) Has other fugitive recovery or related
20 experience that the board finds relevant to the
21 activities of a fugitive recovery agent.
22 (viii) Worked as a fugitive recovery agent prior to
23 July 1, 2010. This subparagraph shall expire July 1,
24 2015.
25 (e) Education and part-time work experience.--The board may
26 allow an applicant for any category of license under subsection
27 (d) to do any of the following:
28 (1) Substitute up to one year of relevant educational
29 experience for work experience required of an applicant under
30 subsection (d).
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1 (2) Aggregate part-time work experience to reach the
2 minimum three years of the full time employment requirement
3 for an applicant under subsection (d).
4 (f) Application process.--An individual, corporation,
5 partnership, limited liability company or other legal entity
6 intending to be a licensee shall apply for a license as set
7 forth in this chapter. Applicants shall do all of the following:
8 (1) File an application and accompanying information as
9 described in subsection (g).
10 (2) Pay a fee as established by regulation of the board.
11 (3) Sit for an examination prepared and administered by
12 a third party approved by the board.
13 (g) Application and accompanying information.--An
14 application shall require the applicant to provide all of the
15 following:
16 (1) The applicant's full name, aliases, current and
17 previous occupations and information which demonstrates
18 compliance with the specific additional qualifications under
19 subsection (d) for that category of license.
20 (2) The applicant's date of birth, as evidenced by a
21 birth certificate or other documentation approved by the
22 board.
23 (3) The applicant's residences since 18 years of age or
24 for the last 15 years, whichever period of time is shorter.
25 (4) Two current CPIN-compatible photographs.
26 (5) A statement whether the applicant applying for a
27 license intends to practice as an individual, corporation,
28 partnership, limited liability company or other legal entity.
29 If the applicant intends to practice as a corporation,
30 partnership, limited liability company or legal entity other
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1 than an individual, the applicant shall identify all
2 principals of that entity and shall also provide all of the
3 following:
4 (i) The name and appropriate credentials of the
5 qualifying officer.
6 (ii) The name and principal business address of that
7 entity.
8 (iii) The articles of incorporation, partnership
9 agreement, certificate of organization or similar
10 governing document.
11 (iv) The name and address of all shareholders or
12 other owners of the corporation, partnership, limited
13 liability company or other legal entity.
14 (6) The location of each bureau, agency, office or
15 branch office.
16 (7) The applicant's signature.
17 (8) Two full sets of the applicant's fingerprints for
18 use in conducting a criminal history record check as provided
19 in section 317 (relating to criminal history record check).
20 (9) The payment of a bond and submission of proof of
21 insurance as required in section 315 (relating to bond and
22 insurance).
23 (10) Any other information which the board deems
24 appropriate.
25 (h) Issuance of license.--
26 (1) The board shall conduct an investigation of an
27 applicant's fitness for licensure if the applicant has met
28 all of the following:
29 (i) Completed the application process under
30 subsection (f).
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1 (ii) Been found to meet all of the qualifications in
2 subsection (c).
3 (iii) Been found to meet the additional
4 qualifications for the category of license in subsection
5 (d).
6 (2) If the board is satisfied that the applicant is fit
7 to practice, the board shall issue the applicant a license
8 and duplicates as provided in section 307 (relating to form
9 of license) and a pocket card and badge as provided in
10 section 313 (relating to pocket cards and badges).
11 (i) Term of license.--The term of a license shall be two
12 years. Renewal of a license shall be subject to section 308
13 (relating to license renewal).
14 (j) Current law enforcement officers.--Individuals currently
15 employed as a police officer, sheriff, deputy sheriff, probation
16 or parole officer or member of a Federal or state investigative
17 service shall not be:
18 (1) eligible for a license as a private investigator; or
19 (2) employed by a private investigator.
20 § 307. Form of license.
21 (a) Contents.--A license under this chapter shall contain
22 all of the following:
23 (1) The full name and title of the licensee.
24 (2) The location of each bureau, agency, office or
25 branch office for which the license was issued.
26 (3) The expiration date.
27 (4) Any other information deemed appropriate by the
28 board.
29 (b) Duplicates.--A licensee shall, for a fee, be issued
30 duplicate licenses for display in each bureau, agency, office or
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1 branch office included in the license application.
2 (c) Display.--A licensee shall post the license or a
3 duplicate in a conspicuous place in each bureau, agency, office
4 or branch office.
5 (d) Expiration.--A licensee shall surrender the license and
6 all duplicates to a designated location established by the board
7 within 15 days of expiration or after receipt of notice that the
8 license has been suspended or revoked by the board. A licensee
9 who fails to comply with this subsection commits a misdemeanor
10 of the third degree.
11 § 308. License renewal.
12 (a) General rule.--The following shall apply:
13 (1) The following may apply for a renewal of a license
14 under this section:
15 (i) A licensee whose license will expire within six
16 months of the date on the renewal application.
17 (ii) A licensee whose license has not been expired
18 for more than six months on the date of renewal
19 application.
20 (2) For the purposes of this subsection, the term
21 "licensee" shall include any individual, corporation,
22 partnership, limited liability company or other legal entity
23 licensed under the Private Detective Act of 1953 on the
24 effective date of this section who is applying for a license
25 as a private investigator or security professional under this
26 chapter prior to the expiration of the license under the
27 Private Detective Act of 1953. The qualification by
28 successful completion of a professional licensure examination
29 in section 306(c)(6) (relating to licensure) and the required
30 additional qualifications of section 306(d) shall not apply
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1 to a licensee under the Private Detective Act of 1953 who met
2 the work experience requirements under section 4(a) of that
3 act and is applying for renewal of a license as a private
4 investigator or security professional under this section.
5 (b) Renewal process.--A licensee applying for a renewal of a
6 license shall do all of the following:
7 (1) File a renewal application with the board.
8 (2) Pay a bond and provide proof of insurance as
9 required in section 315 (relating to bond and insurance).
10 (3) Pay a fee as established by regulation of the board.
11 (4) Provide two current CPIN-compatible photographs.
12 (5) Provide any other information which the board deems
13 appropriate.
14 (c) Issuance of renewal license.--Once a licensee has
15 completed the renewal process in subsection (b) and the board,
16 after investigation, is satisfied that the licensee is fit to
17 continue the practice of the license, the board shall issue the
18 applicant a license as provided in section 307 (relating to form
19 of license).
20 § 309. Change of residence or business location.
21 (a) Residence.--A licensee shall notify the board in writing
22 within 15 days of the licensee's change of residence.
23 (b) Business location.--A licensee shall notify the board in
24 writing within 15 days of the change of location of any bureau,
25 agency, office or branch office. Notice shall include the new
26 location of the bureau, agency, office or branch office and the
27 date on which the change was effected.
28 (c) Notation on license and duplicates.--Pursuant to a
29 change of business location under subsection (b), a licensee
30 shall deliver the license and any duplicates to a designated
20070H0825B2135 - 21 -
1 location established by the board. The board shall, at its
2 discretion, do one of the following:
3 (1) Note the change on the license and duplicates and
4 return the license and duplicates to the licensee.
5 (2) Issue a new license and duplicates for the unexpired
6 term of the license.
7 § 310. Expedited reciprocal licensing.
8 The board may, without examination, issue a license, pocket
9 card and badge to any individual, corporation, partnership,
10 limited liability company or other legal entity who is licensed
11 in another state in the same category of license if all of the
12 following apply:
13 (1) The individual or the officers of the corporation,
14 partnership, limited liability company or other legal entity
15 provide two full sets of fingerprints for the board to
16 conduct a criminal history record check under section 317
17 (relating to criminal history record check).
18 (2) The individual, corporation, partnership, limited
19 liability company or other legal entity pays a bond and
20 provides proof of insurance as required in section 315
21 (relating to bond and insurance).
22 (3) The individual, corporation, partnership, limited
23 liability company or other legal entity pays a fee as
24 established by regulation of the board.
25 (4) The individual or the officers of the corporation,
26 partnership, limited liability company or other legal entity
27 provide two current CPIN-compatible photographs.
28 (5) The individual, corporation, partnership, limited
29 liability company or other legal entity establishes a bureau,
30 agency, office or branch office within this Commonwealth.
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1 (6) The individual, corporation, partnership, limited
2 liability company or other legal entity provides any other
3 information which the board deems appropriate.
4 (7) The standards for licensing in the other state are,
5 in the board's opinion, sufficiently similar to the standards
6 under this chapter.
7 (8) The other state will license or certify Pennsylvania
8 licensees to practice in that state in a similar expedited
9 fashion.
10 § 311. Employees.
11 (a) General rule.--A licensee may employ as many individuals
12 as necessary to assist the licensee in the licensee's work. The
13 licensee shall at all times during the employment be:
14 (1) responsible for the reasonable supervision, training
15 and professional development of each employee; and
16 (2) accountable for the employee's conduct.
17 (b) Employee statement.--A prospective employee shall
18 provide to the licensee all of the following:
19 (1) The prospective employee's full name, aliases,
20 current and previous occupations and Social Security number.
21 (2) The prospective employee's date of birth, as
22 evidenced by a birth certificate or other documentation
23 approved by the board.
24 (3) The prospective employee's residences since 18 years
25 of age or for the last 15 years, whichever period of time is
26 shorter.
27 (4) Two current CPIN-compatible photographs.
28 (5) A statement indicating whether the employee has met
29 the requirements of the act of October 10, 1974 (P.L.705,
30 No.235), known as the Lethal Weapons Training Act or Chapter
20070H0825B2135 - 23 -
1 11 (relating to lethal weapons training).
2 (6) A physical description.
3 (7) The prospective employee's signature.
4 (8) A statement indicating that the prospective employee
5 has not been convicted of an offense listed in section 318(c)
6 (relating to prohibition).
7 (9) Three full sets of the prospective employee's
8 fingerprints. One set shall be kept on file by the licensee,
9 and the other two shall be submitted to the board for use in
10 conducting a criminal history record check as provided in
11 section 317 (relating to criminal history record check).
12 (10) Any other information which the board deems
13 appropriate.
14 (c) Duty of licensee.--A licensee shall do all of the
15 following:
16 (1) Act with due diligence to reasonably verify the
17 truthfulness of the employee statement.
18 (2) Promptly transmit two sets of the fingerprints
19 provided pursuant to subsection (b)(9) to the board for use
20 in conducting a criminal history record check as provided in
21 section 317.
22 (3) Promptly transmit a CPIN-compatible photograph of
23 the employee provided pursuant to subsection (b)(4) to the
24 board for its use.
25 (4) Promptly transmit to the board any other information
26 which the board deems appropriate.
27 (d) Duty of board.--The board shall promptly conduct a
28 criminal history record check on the prospective employee as
29 provided in section 317 and notify the licensee of the results.
30 (e) Penalties.--The following shall apply:
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1 (1) A licensee who knowingly, recklessly or negligently
2 hires an individual who fails to fill out an employee
3 statement under subsection (b) or has been convicted of any
4 offense listed in section 318(c) (relating to prohibition)
5 commits a misdemeanor of the first degree.
6 (2) A licensee who knowingly, recklessly or negligently
7 files the fingerprints of an individual other than the
8 prospective employee in the prospective employee's name
9 commits a misdemeanor of the third degree.
10 (3) A licensee who fails to adequately or accurately
11 keep records of employees commits a misdemeanor of the third
12 degree.
13 § 312. Private investigator employees.
14 Any employee of a private investigator who, except as
15 provided by law, divulges information learned in that employee's
16 capacity to anyone other than the private investigator or to an
17 individual designated by the private investigator commits a
18 misdemeanor of the third degree.
19 § 313. Pocket cards and badges.
20 (a) Licensees.--Upon payment of a fee by the licensee, the
21 board shall issue the licensee a pocket card and a badge, which
22 shall be numbered. The pocket card shall be of the size and
23 design as the board shall designate and shall be
24 nontransferable. At a minimum, the pocket card shall include all
25 of the following:
26 (1) The licensee's name.
27 (2) The licensee's CPIN-compatible photograph.
28 (3) The licensee's business name, if different than the
29 name under paragraph (1).
30 (4) Authenticity information such as license number,
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1 date of expiration and the official State seal.
2 (b) Employees.--If a prospective employee of a licensee has
3 not been prohibited from being hired due to a disqualifying
4 criminal conviction, the board shall issue to the licensee a
5 pocket card which contains the employee's CPIN-compatible
6 photograph for use by the employee. If the licensee does not
7 employ the prospective employee for any reason, the licensee
8 shall return the pocket card to the board, which shall destroy
9 the returned pocket card. Failure of the licensee to do any of
10 the following shall constitute a summary offense:
11 (1) Return a pocket card.
12 (2) Notify the board of the licensee's inability to
13 retrieve a pocket card from an employee.
14 (c) Renewal or replacement.--The following shall apply to
15 pocket card or badges:
16 (1) After payment of a fee as set by the board, the
17 board shall issue a licensee a new pocket card and badge or a
18 new pocket card for an employee if any of the following
19 apply:
20 (i) A pocket card or badge has been defaced,
21 damaged, stolen or lost.
22 (ii) The licensee has not been issued a pocket card
23 or badge or pocket cards for employees.
24 (2) The board may impose sanctions under section 321
25 (relating to sanctions) upon a licensee who reports multiple
26 or repeated lost or stolen pocket cards, badges or employee
27 pocket cards.
28 (d) Holders of pocket cards and badges.--It shall be
29 unlawful for a licensee or an employee of a licensee to lend or
30 to transfer the pocket card or badge or to allow any other
20070H0825B2135 - 26 -
1 individual to use, wear or display a pocket card or badge. A
2 licensee or employee who violates this subsection commits a
3 misdemeanor of the third degree.
4 § 314. Firearms.
5 Licensees and their employees shall be authorized to carry a
6 lethal weapon in the course of their employment if they are in
7 compliance with or are exempt from the requirements of the act
8 of October 10, 1974 (P.L.705, No.235), known as the Lethal
9 Weapons Training Act or Chapter 11 (relating to lethal weapons
10 training).
11 § 315. Bond and insurance.
12 (a) General rule.--An applicant for a license and licensees
13 seeking renewal of a license shall deliver to the board a bond
14 in an amount set by the board.
15 (b) Corporate surety.--A bond required under subsection (a)
16 shall be written by a corporate surety company authorized to do
17 business in this Commonwealth as a surety and shall be executed
18 in the name of the Commonwealth.
19 (c) Proof of general liability insurance.--All applicants
20 and licensees seeking renewal of licenses shall provide proof of
21 general liability insurance in an amount set by the board, but
22 not less than $1,000,000.
23 (d) Proof of workers' compensation insurance.--All
24 applicants for licenses and licensees seeking renewal of
25 licenses shall provide proof of compliance with or exemption
26 from the act of June 2, 1915 (P.L.736, No.338), known as the
27 Workers' Compensation Act.
28 (e) Change of bond or insurance.--A licensee shall notify
29 the board within 15 days of any change relating to a bond or
30 insurance under this section.
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1 (f) Loss of bond or insurance.--A licensee who fails to
2 maintain a bond or insurance in an amount set by the board shall
3 immediately suspend activity pursuant to the license until a new
4 bond or insurance is acquired.
5 (g) Deposit in lieu of bond and insurance.--Upon determining
6 that a corporate surety bond as required by subsections (a) and
7 (b) or general liability insurance as required by subsection (c)
8 is not commercially available to a category of licensees, the
9 board may accept from a licensee in that category, in lieu of
10 bond or insurance, any of the following in an amount set by the
11 board:
12 (1) A deposit of cash.
13 (2) A certified check.
14 (3) An irrevocable letter of credit.
15 (h) Amount of deposit.--When establishing an amount in lieu
16 of general liability insurance under subsection (g), the board
17 may do all of the following:
18 (1) Disregard the minimum amounts under subsection (c).
19 (2) Impose additional requirements as will, in the
20 board's discretion, offer some assurance of recovery for an
21 injured party.
22 § 316. Licensure of corporations and other legal entities.
23 (a) Licensing.--If a corporation, partnership, limited
24 liability company or other legal entity other than a natural
25 person applies for or has one or more categories of licenses
26 under this chapter, the requirements of licensing for that
27 category under this chapter, except the qualification by
28 examination under section 306(c)(6) (relating to licensure) and
29 the required additional qualifications of section 306(d), shall
30 apply to the president, treasurer and secretary of the
20070H0825B2135 - 28 -
1 corporation or equivalent officers of a partnership, limited
2 liability company or other legal entity. At least one officer,
3 known as a qualifying officer, shall meet one of the following
4 requirements for each category of license:
5 (1) Fulfillment of the requirements of section 306(c)(6)
6 and (d).
7 (2) Possession of the category of license under this
8 chapter.
9 (3) Entitlement to apply for renewal pursuant to section
10 308(a) (relating to license renewal) for that category of
11 license held by the corporation, partnership, limited
12 liability company or other legal entity.
13 (b) Qualifying officers.--Unless an officer of a
14 corporation, partnership, limited liability company or other
15 legal entity meets one of the following requirements, the
16 officer shall not receive a pocket card or badge identifying the
17 officer as a licensee under section 313(a) (relating to pocket
18 cards and badges) or be eligible for appointment to the board as
19 one of the professional members under section 304(b)(5)
20 (relating to board):
21 (1) Fulfillment of the requirements of section 306(c)(6)
22 and (d).
23 (2) Possession of a license under this chapter.
24 (3) Entitlement to apply for renewal pursuant to section
25 308(a).
26 (c) Successors.--In case of death, resignation or removal of
27 an officer of a corporation, partnership, limited liability
28 company or other legal entity, all of the following shall apply:
29 (1) The successor officer must comply with this section.
30 (2) Notice must be provided in writing to the board
20070H0825B2135 - 29 -
1 regarding the death, resignation or removal.
2 (3) A copy of the minutes of any meeting of the board of
3 directors or similar body regarding the death, resignation or
4 removal of an officer and designation of a successor must be
5 provided to the board.
6 § 317. Criminal history record check.
7 (a) General rule.--The board shall conduct a criminal
8 history record check, as provided under subsection (b), on each
9 applicant for a license, each licensee applying for renewal and
10 each employee of a licensee.
11 (b) Records check.--The board shall do all of the following:
12 (1) Obtain a report of criminal history record
13 information from the central repository pursuant to 18
14 Pa.C.S. Ch. 91 (relating to criminal history record
15 information).
16 (2) Submit a set of fingerprints to the Pennsylvania
17 State Police to provide to the Federal Bureau of
18 Investigation for Federal criminal history record information
19 pursuant to the Federal Bureau of Investigation appropriation
20 of Title II of Public Law 92-544, 86 Stat. 1115. The board
21 shall be the intermediary for the purposes of this paragraph.
22 (3) Conduct additional research concerning an
23 applicant's, licensee's or employee's criminal history as the
24 board deems necessary.
25 § 318. Prohibition.
26 (a) Applicant.--In no case shall a license be issued to an
27 applicant or a renewal license issued to a licensee if the
28 applicant's or licensee's criminal history record information
29 indicates the applicant has been convicted of any offense under
30 subsection (c).
20070H0825B2135 - 30 -
1 (b) Licensee.--The board shall revoke the license of any
2 licensee who is convicted of an offense under subsection (c).
3 (c) Prohibited offenses.--The following shall include
4 prohibited offenses:
5 (1) An offense designated as a felony under the act of
6 April 14, 1972 (P.L.233, No.64), known as The Controlled
7 Substance, Drug, Device and Cosmetic Act.
8 (2) An offense designated as a felony or serious
9 misdemeanor under one or more of the following provisions of
10 18 Pa.C.S. (relating to crimes and offenses):
11 Chapter 25 (relating to criminal homicide).
12 Chapter 27 (relating to assault).
13 Chapter 29 (related to kidnapping).
14 Chapter 31 (relating to sexual offenses).
15 Section 3301 (relating to arson and related
16 offenses).
17 Section 3502 (relating to burglary).
18 Chapter 37 (relating to robbery).
19 Chapter 39 (relating to theft and related offenses)
20 where the offense is graded higher than a summary
21 offense.
22 Chapter 41 (relating to forgery and fraudulent
23 practices).
24 Chapter 43 (relating to offenses against the family).
25 Chapter 47 (relating to bribery and corrupt
26 influence).
27 Chapter 49 (relating to falsification and
28 intimidation).
29 Chapter 53 (relating to abuse of office).
30 Chapter 55 (relating to riot, disorderly conduct and
20070H0825B2135 - 31 -
1 related offenses).
2 Chapter 57 (relating to wiretapping and electronic
3 surveillance).
4 Chapter 59 (relating to public indecency).
5 Chapter 61 (relating to firearms and other dangerous
6 articles).
7 Chapter 63 (relating to minors).
8 (3) An offense designated as a felony or serious
9 misdemeanor related to misconduct in public office, including
10 tampering, bribery, making false statements or impersonation.
11 (4) A Federal or out-of-State offense similar in nature
12 to those listed in paragraph (1), (2) or (3).
13 (5) An attempt, solicitation or conspiracy to commit any
14 of the offenses listed in paragraph (1), (2), (3) or (4).
15 § 319. Title and utilization.
16 (a) Private investigator licensee.--A private investigator
17 licensee has the right to use the title "private investigator"
18 or "private detective" and the abbreviation "P.I."
19 (b) Security professional licensee.--A security professional
20 licensee has the right to use the title "security professional."
21 (c) Fugitive recovery agent licensee.--A fugitive recovery
22 agent licensee has the right to use the title "bounty hunter" or
23 "fugitive recovery agent."
24 § 320. Rules of professional conduct.
25 (a) General rule.--The following constitute the rules of
26 professional conduct for all licensees and employees:
27 (1) A licensee and all employees shall carry out the
28 licensed practice with reasonable skill.
29 (2) A licensee and all employees shall not violate any
30 regulation or order of the board.
20070H0825B2135 - 32 -
1 (3) A licensee and all employees shall not practice or
2 attempt to practice beyond a licensee's defined scope of
3 practice.
4 (4) A licensee and all employees shall not knowingly
5 aid, assist or provide advice to encourage the unlawful
6 practice of a profession licensed under this chapter.
7 (5) A licensee and all employees shall not violate any
8 other rule of professional conduct as promulgated by
9 regulation of the board.
10 (b) Private investigator licensees.--A private investigator
11 licensee or employee of the licensee who is asked to locate a
12 person shall make a reasonable effort to determine the reason
13 for the inquiry.
14 § 321. Sanctions.
15 (a) Discretionary.--The following shall apply to
16 discretionary sanctions:
17 (1) If the board finds that a licensee has violated any
18 of the rules of professional conduct, has engaged in any
19 conduct prohibited by this chapter or has failed to fulfill
20 any duties imposed by this chapter, the board may administer
21 the following sanctions:
22 (i) Suspend enforcement of its finding and place a
23 licensee on probation with the right to vacate the
24 probationary order for noncompliance.
25 (ii) Administer a public reprimand.
26 (iii) Impose an administrative penalty of up to
27 $5,000.
28 (iv) Suspend the license.
29 (v) Revoke the license.
30 (2) The board may vacate a sanction if it determines
20070H0825B2135 - 33 -
1 that vacation is just and reasonable.
2 (b) Mandatory.--The following shall apply to mandatory
3 sanctions:
4 (1) The board shall suspend a license if any of the
5 following apply:
6 (i) The licensee is committed to an institution
7 because of mental incompetence from any cause.
8 (ii) The licensee is convicted of any prohibited
9 offense as provided in section 318(c) (relating to
10 prohibition).
11 (2) Automatic suspension under this subsection shall not
12 be stayed pending any appeal of a conviction.
13 (c) Administrative agency law.--This section shall be
14 subject to 2 Pa.C.S. Ch. 5 Subch A. (relating to practice and
15 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
16 to judicial review of Commonwealth agency action).
17 (d) Return of license.--The board shall require a licensee
18 whose license has been suspended or revoked to return the
19 license as provided in section 307(d) (relating to form of
20 license).
21 § 322. Injunction.
22 The board may seek injunctive relief in a court of competent
23 jurisdiction to enjoin a person from committing any violation of
24 this chapter. Relief under this section shall be in addition to
25 and not in lieu of all remedies and penalties under sections 321
26 (relating to sanctions), 323 (relating to unlawful acts) and
27 other penalties or remedies provided for in this chapter.
28 § 323. Unlawful acts.
29 (a) Unlawful practice.--A person commits a misdemeanor of
30 the second degree if the person does any of the following:
20070H0825B2135 - 34 -
1 (1) Without being licensed, engages in the practice of
2 one of the categories of license under this chapter.
3 (2) Falsely pretends to hold a license under this
4 chapter with intent to induce another to submit to the
5 pretended official authority or otherwise to act in reliance
6 upon that pretense to the other's prejudice.
7 (3) Falsely pretends to be an employee of a licensee
8 under this chapter with intent to induce another to submit to
9 the pretended official authority or otherwise to act in
10 reliance upon that pretense to the other's prejudice.
11 (4) Possesses a forged or counterfeit license, pocket
12 card or badge in furtherance of paragraph (2) or (3).
13 (5) Performs any other action in furtherance of a false
14 pretense under paragraph (2) or (3).
15 (b) Fraud.--A person who sells, fraudulently obtains or
16 fraudulently furnishes a license, pocket card or badge commits a
17 misdemeanor of the second degree.
18 (c) Unlawful use of title.--A person who uses a title or
19 abbreviation in violation of section 319 (relating to title and
20 utilization) commits a misdemeanor of the third degree.
21 (d) Penalties to be in addition to other penalties.--A
22 penalty imposed under this section shall be in addition to other
23 criminal penalties provided for in this chapter
24 § 324. Exclusions.
25 (a) General rule.--Nothing in this chapter shall be
26 construed as preventing, restricting or requiring licensure of
27 an individual, while engaged in the official performance of his
28 duties, who is in the exclusive employment of any of the
29 following:
30 (1) The Federal Government.
20070H0825B2135 - 35 -
1 (2) The Commonwealth or any of its political
2 subdivisions.
3 (3) Any other state or political subdivision of a state,
4 including the District of Columbia, the Commonwealth of
5 Puerto Rico and the territories and possessions of the United
6 States.
7 (b) Private investigator's license.--The following shall not
8 be required to obtain a private investigator's license:
9 (1) An individual exclusively employed by a credit
10 bureau whose responsibility is to collect information as to
11 an individual's creditworthiness or financial condition,
12 while engaged in the duties of such employment.
13 (2) An individual exclusively employed for one insurance
14 company, while engaged in the duties of such employment, as
15 an investigator in a special investigation unit or similar
16 capacity.
17 (3) An attorney or an individual exclusively employed as
18 an investigator for one attorney or law firm, while engaged
19 in the duties of such employment.
20 (4) An individual in the exclusive employment of a
21 common carrier subject to Federal regulation or regulation by
22 the Pennsylvania Public Utility Commission, while engaged in
23 the duties of such employment.
24 (5) An individual in the exclusive employment of a
25 telephone, telegraph or other telecommunications company
26 subject to regulation by the Federal Communications
27 Commission or the Pennsylvania Public Utility Commission,
28 while engaged in the duties of such employment.
29 (6) A license holder or corporation or other entity
30 licensed as a private investigative agency in this
20070H0825B2135 - 36 -
1 Commonwealth under the Private Detective Act of 1953 before
2 the effective date of this chapter, if the license has not
3 expired.
4 (7) An employee of a licensee under paragraph (6).
5 (8) A holder of a license as a private investigator or
6 private detective from another state or jurisdiction or an
7 employee of the licensee, for the purpose of investigating a
8 single case which originated in the state or jurisdiction
9 where the license is held. The individual shall notify the
10 board, as soon as practical, of the nature of the
11 investigation.
12 (9) An employer, or a third party acting on behalf of an
13 employer, conducting a background check upon an applicant or
14 employee with the written consent of the applicant or
15 employee. For the purposes of this paragraph, the term
16 employer shall include any volunteer organization conducting
17 a background check upon a volunteer or prospective volunteer.
18 (10) An individual who accesses public records without
19 compensation or other remuneration.
20 (c) Security professional license.--An individual, while
21 engaged in the official performance of the individual's duties,
22 who is in the exclusive employment of a foreign government,
23 shall not be required to obtain a security professional's
24 license.
25 (d) Fugitive recovery agent's license.--The following shall
26 not be required to obtain a fugitive recovery agent's license:
27 (1) A professional bondsman licensed under 42 Pa.C.S. §
28 5743 (relating to issuance of license) or an employee of the
29 bondsman.
30 (2) A fidelity or surety company which acts as surety on
20070H0825B2135 - 37 -
1 an undertaking under 42 Pa.C.S. § 5747 (relating to
2 statements by fidelity or surety companies) or an employee of
3 the fidelity or surety company.
4 (3) An individual, corporation, partnership, limited
5 liability company or other legal entity licensed as a private
6 investigator under this chapter or an employee of the
7 licensee.
8 (4) An individual listed under subsection (b)(6) or (7).
9 (5) A holder of license as a bail bondsman, bounty
10 hunter, fugitive recovery agent or similar license from
11 another state or jurisdiction or employee of the licensee,
12 for the purpose of capturing a fugitive who fled from the
13 state or jurisdiction where the license is held. The
14 individual shall, before attempting apprehension of the
15 fugitive, notify both the board and the chief law enforcement
16 officer, as defined in 42 Pa.C.S. § 8951 (relating to
17 definitions), of the political subdivision where the fugitive
18 is located.
19 (6) A holder of a license as a private investigator or
20 private detective from another state or jurisdiction or
21 employee of the licensee, for the purpose of capturing a
22 fugitive who fled from the state or jurisdiction where the
23 license is held. The individual shall, before attempting
24 apprehension of the fugitive, notify both the board and the
25 chief law enforcement officer, as defined in 42 Pa.C.S. §
26 8951, of the political subdivision where the fugitive is
27 located.
28 (7) A constable or deputy constable certified to perform
29 judicial duties under 42 Pa.C.S. Ch. 29 Subch. C (relating to
30 constables).
20070H0825B2135 - 38 -
1 (e) Other exclusions.--The board may by regulation exclude
2 other individuals or entities from the licensing requirements
3 under this chapter.
4 § 325. Restrictions on public disclosure.
5 The following information in the possession of the board
6 shall not be subject to access under the act of June 21, 1957
7 (P.L.390, No.212), referred to as the Right-to-Know Law:
8 (1) The residence address or former residence address of
9 any applicant, licensee or employee.
10 (2) The date of birth of any applicant, licensee or
11 employee.
12 (3) The fingerprints of any applicant, licensee or
13 employee.
14 (4) Any criminal history record information of an
15 applicant, licensed or employee.
16 CHAPTER 11
17 LETHAL WEAPONS TRAINING
18 Sec.
19 1101. Legislative findings and purpose.
20 1102. Definitions.
21 1103. Education and training program.
22 1104. Powers and duties of commissioner.
23 1105. Certificate of qualification.
24 1106. Certification and fee.
25 1107. Good standing.
26 1108. Retired police officers.
27 1109. Penalties.
28 1110. Prohibited acts.
29 1111. Active police officers.
30 § 1101. Legislative findings and purpose.
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1 The following shall apply:
2 (1) The General Assembly finds that there are private
3 detectives, investigators, watchmen, security guards,
4 patrolmen and fugitive recovery agents, privately employed
5 within this Commonwealth who carry and use lethal weapons,
6 including firearms, as an incidence of their employment and
7 that there have been various tragic incidents involving these
8 individuals which occurred because of unfamiliarity with the
9 handling of weapons. The General Assembly also finds that
10 there is presently no training required for privately
11 employed agents in the handling of lethal weapons or in the
12 knowledge of law enforcement and the protection of rights of
13 citizens, and that the training would be beneficial to the
14 safety of the citizens of this Commonwealth.
15 (2) It is the purpose of this chapter to provide for the
16 education, training and certification of privately employed
17 agents who, as an incidence to their employment, carry lethal
18 weapons through a program administered or approved by the
19 Commissioner of Pennsylvania State Police.
20 § 1102. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Commissioner." The Commissioner of Pennsylvania State
25 Police.
26 "Full-time police officer." Any employee of a city, borough,
27 town, township or county police department assigned to law
28 enforcement duties who works a minimum of 200 days per year. The
29 term does not include persons employed to check parking meters
30 or to perform only administrative duties, nor does it include
20070H0825B2135 - 40 -
1 auxiliary and fire police.
2 "Lethal weapons." The term includes firearms and other
3 weapons calculated to produce death or serious bodily harm. A
4 concealed billy club is a lethal weapon. Chemical mace or any
5 similar substance shall not be considered as "lethal weapons"
6 for the purposes of this chapter.
7 "Privately employed agents." Any person employed for the
8 purpose of providing watch guard, protective patrol, fugitive
9 recovery, bail enforcement, bail recovery, detective or criminal
10 investigative services either for another for a fee or for the
11 person's employer. The term includes any licensee or employee of
12 a licensee, under Chapter 3 (relating to private investigators,
13 security professionals and fugitive recovery agents) and a
14 police officer of a municipal authority. The term shall not
15 include Federal, State or local government employees or those
16 police officers commissioned by the Governor under the former
17 act of February 27, 1865 (P.L.225, No.228), entitled "An act
18 empowering railroad companies to employ police force" or Chapter
19 33 (relating to railroad and street railway police).
20 "Program." The education and training program established
21 and administered or approved by the Commissioner of Pennsylvania
22 State Police in accordance with this chapter.
23 § 1103. Education and training program.
24 (a) Establishment.--An education and training program in the
25 handling of lethal weapons, law enforcement and protection of
26 rights of citizens shall be established and administered or
27 approved by the commissioner in accordance with the provisions
28 of this chapter.
29 (b) Requirement.--All privately employed agents, except
30 those who have been granted a waiver from compliance with this
20070H0825B2135 - 41 -
1 chapter by the commissioner who, as an incidence to their
2 employment, carry a lethal weapon shall be required to attend
3 the program established by subsection (a) in accordance with the
4 requirements or regulations established by the commissioner and,
5 upon satisfactory completion of the program, shall be entitled
6 to certification by the commissioner.
7 (c) Alternate programs prohibited.--Except for colleges and
8 universities, no nongovernment employer of a privately employed
9 agent who, as an incidence to the privately employed agent's
10 employment, carries a lethal weapon, shall own, operate or
11 otherwise participate in, directly or indirectly, the
12 establishment or administration of the program established by
13 subsection (a).
14 § 1104. Powers and duties of commissioner.
15 The commissioner shall have the power and duty to do all of
16 the following:
17 (1) To implement and administer or approve the minimum
18 courses of study and training for the program in the handling
19 of lethal weapons, law enforcement and protection of the
20 rights of citizens.
21 (2) To implement and administer or approve physical and
22 psychological testing and screening of the candidate for the
23 purpose of barring from the program those not physically or
24 mentally fit to handle lethal weapons. Candidates who are
25 full-time police officers and have successfully completed a
26 physical and psychological examination as a prerequisite to
27 employment or to continued employment by their local police
28 departments or who have been continuously employed as full-
29 time police officers since June 18, 1974, shall not be
30 required to undergo any physical or psychological testing and
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1 screening procedures implemented under this paragraph.
2 (3) To issue certificates of approval to schools
3 approved by the commissioner and to withdraw certificates of
4 approval from those schools disapproved by the commissioner.
5 (4) To certify instructors pursuant to the minimum
6 qualifications established by the commissioner.
7 (5) To consult and cooperate with universities,
8 colleges, community colleges and institutes for the
9 development of specialized courses in handling lethal
10 weapons, law enforcement and protection of the rights of
11 citizens.
12 (6) To consult and cooperate with departments and
13 agencies of this Commonwealth and other states and the
14 Federal Government concerned with similar training.
15 (7) To certify those individuals who have satisfactorily
16 completed basic educational and training requirements as
17 established by the commissioner and to issue appropriate
18 certificates to those persons.
19 (8) To visit and inspect approved schools at least once
20 a year.
21 (9) In the event that the commissioner implements and
22 administers a program, to collect reasonable charges from the
23 students enrolled therein to pay for the costs of the
24 program.
25 (10) To make rules and regulations and to perform other
26 duties as may be reasonably necessary or appropriate to
27 implement the education and training program.
28 (11) To grant waivers from compliance with the
29 provisions of this chapter applicable to privately employed
30 agents who have completed a course of instruction in a
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1 training program approved by the commissioner.
2 § 1105. Certificate of qualification.
3 (a) Application.--Any person desiring to enroll in a program
4 shall make application to the commissioner on a form to be
5 prescribed by the commissioner.
6 (b) Contents.--The application shall be signed and verified
7 by the applicant. It shall include the applicant's full name,
8 age, residence, present and previous occupations and any other
9 information that may be required by the commissioner to show the
10 good character, competency and integrity of the applicant.
11 (c) Presentation.--The application shall be personally
12 presented by the applicant at an office of the Pennsylvania
13 State Police where the applicant's fingerprints shall be affixed
14 to the application. The application shall be accompanied by two
15 current photographs of the applicant of a size and nature to be
16 prescribed by the commissioner and an application fee set under
17 section 616-A of the act of April 9, 1929 (P.L.177, No.175),
18 known as The Administrative Code of 1929, unless the applicant
19 is a full-time police officer, in which case no application fee
20 shall be required. The application shall then be forwarded to
21 the commissioner.
22 (d) Examination.--The fingerprints of the applicant shall be
23 examined by the Pennsylvania State Police and the Federal Bureau
24 of Investigation to determine if the applicant has been
25 convicted of or has pleaded guilty or nolo contendere to a crime
26 of violence. The commissioner shall have the power to waive the
27 requirement of the Federal Bureau of Investigation examination.
28 Any fee charged by the Federal agency shall be paid by the
29 applicant.
30 (e) Age requirement.--No application shall be accepted if
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1 the applicant is 17 years of age or younger.
2 (f) Process.--After the application has been processed and
3 if the commissioner determines that the applicant is 18 years of
4 age and has not been convicted of or has not pleaded guilty or
5 nolo contendere to a crime of violence and has satisfied any
6 other requirements prescribed by the commissioner under the
7 commissioner's powers and duties under section 1104 (relating to
8 powers and duties of commissioner), the commissioner shall issue
9 a certificate of qualification which shall entitle the applicant
10 to enroll in an approved program.
11 § 1106. Certification and fee.
12 (a) Fee.--A certification fee set under section 616-A of the
13 act of April 9, 1929 (P.L.177, No.175), known as The
14 Administrative Code of 1929, shall be paid by each individual
15 satisfactorily completing the program prior to the receipt of a
16 certificate.
17 (b) Certificate.--The commissioner shall furnish to each
18 individual satisfactorily completing the program, an appropriate
19 wallet or billfold size copy of the certificate, which shall
20 include a photograph of the individual.
21 (c) Identification.--Every certified individual shall carry
22 the wallet or billfold size certificate on the certified
23 individual's person as identification during the time when the
24 certified individual is on duty or going to and from duty and
25 carrying a lethal weapon.
26 (d) Time period.--Certification shall be for a period of
27 five years.
28 (e) Renewal.--Privately employed agents who, as an incidence
29 to their employment, carry a lethal weapon shall be required to
30 renew their certification within six months prior to the
20070H0825B2135 - 45 -
1 expiration of their certificate. The commissioner shall
2 prescribe the manner in which the certification shall be renewed
3 and may charge a nominal renewal fee set under The
4 Administrative Code of 1929.
5 § 1107. Good standing.
6 (a) Possession.--Privately employed agents must possess a
7 valid certificate whenever on duty or going to and from duty and
8 carrying a lethal weapon.
9 (b) Discharge.--Whenever an employer of a privately employed
10 agent subject to the provisions of this chapter discharges the
11 agent for cause, the employer shall notify the commissioner of
12 the discharge within five days.
13 (c) Revocation.--The commissioner may revoke and invalidate
14 any certificate issued to a privately employed agent under this
15 chapter whenever the commissioner learns that false, fraudulent
16 or misstated information appears on the original or renewal
17 application or of a change of circumstances that would render an
18 employee ineligible for original certification.
19 § 1108. Retired police officers.
20 (a) Initial certification.--A nondisability retired police
21 officer of a Pennsylvania municipality or the Pennsylvania State
22 Police shall be initially certified under this chapter and need
23 not meet the training and qualification standards or physical
24 and psychological qualifications under this chapter if the
25 officer was a full-time police officer for at least 20 years,
26 retired in good standing and has assumed the duties of a
27 privately employed agent on or before three years from the date
28 of his retirement. If a retired police officer commences duties
29 as a privately employed agent after three years from the date of
30 the retired officer's retirement, the retired officer must meet
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1 the physical and psychological requirements of this chapter for
2 certification under this section.
3 (b) Fee.--A retired police officer initially certified under
4 this section shall not be required to pay the application fee
5 but shall pay the certification fee upon the submission of a
6 completed application provided by the commissioner.
7 § 1109. Penalties.
8 (a) Misdemeanor offense.--Any privately employed agent who
9 in the course of the agent's employment carries a lethal weapon
10 and who fails to comply with section 1103(b) (relating to
11 education and training program) or with section 1107(a)
12 (relating to good standing) commits a misdemeanor and shall,
13 upon conviction, be subject to imprisonment of not more than one
14 year or payment of a fine not exceeding $1,000 or both.
15 (b) Summary offense.--Any privately employed agent who in
16 the course of the agent's employment carries a lethal weapon and
17 who violates section 1107(c) commits a summary offense and
18 shall, upon conviction, pay a fine not exceeding $50.
19 § 1110. Prohibited acts.
20 No individual certified under this chapter shall carry an
21 inoperative or model firearm while employed and shall carry only
22 a powder actuated firearm approved by the commissioner.
23 § 1111. Active police officers.
24 All active police officers subject to the training provisions
25 of 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police
26 education and training) shall be granted a waiver of the
27 training requirements of this chapter upon presentation to the
28 commissioner of evidence of their completion of the training
29 requirements of 53 Pa.C.S. Ch. 21 Subch. D and the successful
30 completion of a biennial firearms qualification examination
20070H0825B2135 - 47 -
1 administered by their respective police agency.
2 Section 4. The following shall apply:
3 (1) An individual, corporation, partnership, limited
4 liability company or other legal entity licensed under the
5 former act of August 21, 1953 (P.L.1273, No. 361), known as
6 The Private Detective Act of 1953, on the effective date of
7 this section shall be deemed to be licensed as both a private
8 investigator and a security professional under 22 Pa.C.S. Ch.
9 3 for the balance of the term of the license issued under the
10 former act known as The Private Detective Act of 1953.
11 (2) Nothing in 22 Pa.C.S. Ch. 3 shall require fugitive
12 recovery agents to obtain a license or comply with Chapter 3
13 until July 1, 2010.
14 Section 5. The following shall apply:
15 (1) The sum of $150,000, or as much thereof as may be
16 necessary, is hereby appropriated from the Professional
17 Licensure Augmentation Account for the fiscal year July 1,
18 2007, to June 30, 2008, for the operation of the State Board
19 of Private Investigators, Security Professionals and Fugitive
20 Recovery Agents to carry out the provisions of 22 Pa.C.S. Ch.
21 3. The appropriation shall be a continuing appropriation
22 until June 30, 2011, at which time any unexpended funds shall
23 lapse into the account.
24 (2) Additional funding may be appropriated from the
25 Professional Licensure Augmentation Account, upon approval of
26 the Governor, for start-up costs in excess of the
27 appropriation under paragraph (1).
28 (3) The appropriation under paragraph (1) PARAGRAPHS (1) <--
29 AND (2) shall be repaid by the board to the account within
30 three years of the beginning of issuance of licenses by the
20070H0825B2135 - 48 -
1 board.
2 Section 6. The provisions of this act are severable. If any
3 provision of this act or its application to any person or
4 circumstance is held invalid, the invalidity shall not affect
5 other provisions or applications of this act which can be given
6 effect without the invalid provision or application.
7 Section 7. Repeals are as follows:
8 (1) (i) The General Assembly declares that the repeal
9 under subparagraph (ii) is necessary to effectuate the
10 addition of 22 Pa.C.S. Ch. 3.
11 (ii) The act of August 21, 1953 (P.L.1273, No.361),
12 known as The Private Detective Act of 1953, is repealed.
13 (2) (i) The General Assembly declares that the repeal
14 under subparagraph (ii) is necessary to effectuate the
15 addition of 22 Pa.C.S. Ch. 11.
16 (ii) The act of October 10, 1974 (P.L.705, No.235),
17 known as the Lethal Weapons Training Act, is repealed.
18 (3) All acts and parts of acts are repealed insofar as
19 they are inconsistent with this act.
20 Section 8. The addition of 22 Pa.C.S. Ch. 3 is a
21 continuation of the act of August 21, 1953 (P.L.1273, No.361),
22 known as The Private Detective Act of 1953. Except as otherwise
23 provided in 22 Pa.C.S. Ch. 3, all activities initiated under The
24 Private Detective Act shall continue and remain in full force
25 and effect and may be completed under 22 Pa.C.S. Ch. 3. Orders,
26 regulations, rules and decisions which were made under The
27 Private Detective Act and which are in effect on the effective
28 date of section 7(1)(ii) of this act shall remain in full force
29 and effect until revoked, vacated or modified under 22 Pa.C.S.
30 Ch. 3. Contracts, obligations and collective bargaining
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1 agreements entered into under The Private Detective Act are not
2 affected nor impaired by the repeal of The Private Detective
3 Act.
4 Section 9. The addition of 22 Pa.C.S. Ch. 11 is a
5 continuation of the act of October 10, 1974 (P.L.705, No.235),
6 known as the Lethal Weapons Training Act. The following apply:
7 (1) Except as otherwise provided in 22 Pa.C.S. Ch. 11,
8 all activities initiated under the Lethal Weapons Training
9 Act shall continue and remain in full force and effect and
10 may be completed under 22 Pa.C.S. Ch. 11. Orders,
11 regulations, rules and decisions which were made under the
12 Lethal Weapons Training Act and which are in effect on the
13 effective date of section 7(2)(ii) of this act shall remain
14 in full force and effect until revoked, vacated or modified
15 under 22 Pa.C.S. Ch. 11. Contracts, obligations and
16 collective bargaining agreements entered into under the
17 Lethal Weapons Training Act are not affected nor impaired by
18 the repeal of the Lethal Weapons Training Act.
19 (2) Except as set forth in paragraph (3), any difference
20 in language between 22 Pa.C.S. Ch. 11 and the Lethal Weapons
21 Training Act is intended only to conform to the style of the
22 Pennsylvania Consolidated Statutes and is not intended to
23 change or affect the legislative intent, judicial
24 construction or administration and implementation of the
25 Lethal Weapons Training Act.
26 (3) Paragraph (2) does not apply to the addition of the
27 definition of "privately employed agents" in 22 Pa.C.S. §
28 1102.
29 Section 10. This act shall take effect as follows:
30 (1) The following provisions shall take effect
20070H0825B2135 - 50 -
1 immediately:
2 (i) The addition of 22 Pa.C.S. § 304.
3 (ii) Section 5.
4 (iii) This section.
5 (2) The remainder of this act shall take effect in 180
6 days.
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