PRINTER'S NO. 3277
No. 2499 Session of 1980
INTRODUCED BY SHUPNIK, DAVIES, CIMINI, BORSKI AND WARGO,
APRIL 29, 1980
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 29, 1980
AN ACT
1 Amending Title 22 (Detectives and Private Police) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to detectives and private police and making repeals.
4 TABLE OF CONTENTS
5 TITLE 22
6 DETECTIVES AND PRIVATE POLICE
7 PART I. GENERAL PROVISIONS
8 Chapter 1. Preliminary Provisions
9 § 101. Definitions.
10 Chapter 3. Lethal Weapons Training
11 § 301. Short title of chapter.
12 § 302. Education and training program.
13 § 303. Powers and duties of commissioner.
14 § 304. Enrollment in program.
15 § 305. Certification.
16 § 306. Notice of discharge for cause.
17 § 307. Revocation of certificate.
18 § 308. Limitation on type of firearms.
1 § 309. Disposition of fees and other moneys.
2 § 310. Penalties.
3 Chapter 5. State Board of Private Detectives and
4 Security Businesses
5 § 501. Creation of board.
6 § 502. Organization of board.
7 § 503. Powers and duties of board.
8 § 504. Proceedings of board.
9 § 505. Board to keep records.
10 PART II. PRIVATE DETECTIVE AND SECURITY BUSINESS
11 Chapter 11. General Provisions
12 § 1101. Short title of part.
13 § 1102. Applicability of part.
14 § 1103. Inapplicability of part.
15 § 1104. Preemption of local regulation.
16 Chapter 13. Licenses and Registrations
17 Subchapter A. Private Detective and Security Business
18 § 1301. License required.
19 § 1302. Application for license.
20 § 1303. Managing agent required for each office.
21 § 1304. Investigation of applicant.
22 § 1305. License.
23 § 1306. Transfer of license to another location.
24 § 1307. Renewal of license.
25 Subchapter B. Private Detectives and Other Security Agents
26 § 1321. License or registration required.
27 § 1322. Limited licenses.
28 § 1323. Qualifications for licensure.
29 § 1324. Incompatible employment.
30 § 1325. Application for license.
19800H2499B3277 - 2 -
1 § 1326. License.
2 § 1327. Renewal of license.
3 Subchapter C. Employees of Private Detectives and Security
4 Business and Privately Employed Security
5 Guards
6 § 1341. Responsibility for employees.
7 § 1342. Registration of associates.
8 § 1343. Registration of security guards.
9 § 1344. Duties of licensee and certain other employers.
10 Chapter 15. Identification Documents, Uniforms and Equipment
11 § 1501. Private detective identification document.
12 § 1502. Associate and security guard identification card.
13 § 1503. Responsibility for identification documents.
14 § 1504. Uniforms and equipment.
15 Chapter 17. Enforcement
16 Subchapter A. General Provisions
17 § 1701. Enforcement and investigations.
18 § 1702. Subpoenas.
19 § 1703. Prosecutions.
20 Subchapter B. Violations and Penalties
21 § 1711. Unfair labor practices.
22 § 1712. Contingent or percentage fees.
23 § 1713. Unlicensed activities.
24 § 1714. False representations.
25 § 1715. Privileged information and false reports.
26 PART III. PRIVATE POLICE
27 Chapter 31. Private Police
28 § 3101. Appointment.
29 § 3102. Oath of office.
30 § 3103. Powers.
19800H2499B3277 - 3 -
1 § 3104. Compensation.
2 § 3105. Termination of appointment.
3 Chapter 33. Railroad and Street Railway Police
4 § 3301. Appointment.
5 § 3302. Oath of office.
6 § 3303. Powers and duties.
7 § 3304. Compensation.
8 § 3305. Termination of appointment.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Chapters 1, 2 and 3 of Title 22, act of November
12 25, 1970 (P.L.707, No.230), known as the Pennsylvania
13 Consolidated Statutes, are repealed.
14 Section 2. Title 22 is amended by adding parts to read:
15 TITLE 22
16 DETECTIVES AND PRIVATE POLICE
17 Part
18 I. General Provisions
19 II. Private Detective and Security Business
20 III. Private Police
21 PART I
22 GENERAL PROVISIONS
23 Chapter
24 1. Preliminary Provisions
25 3. Lethal Weapons Training
26 5. State Board of Private Detectives and Security Businesses
27 CHAPTER 1
28 PRELIMINARY PROVISIONS
29 Sec.
30 101. Definitions.
19800H2499B3277 - 4 -
1 § 101. Definitions.
2 Subject to additional definitions contained in subsequent
3 provisions of this title which are applicable to specific
4 provisions of this title, the following words and phrases when
5 used in this title shall have, unless the context clearly
6 indicates otherwise, the meanings given to them in this section:
7 "Board." The State Board of Private Detectives and Security
8 Businesses.
9 "Business license." A license to engage in the private
10 detective and security business issued pursuant to the
11 provisions of Subchapter A of Chapter 13 (relating to private
12 detective and security business).
13 "Commissioner." The Commissioner of the Pennsylvania State
14 Police or the deputy commissioner duly authorized by the
15 commissioner to perform the duties and exercise the powers
16 granted to the commissioner under this title.
17 "Lethal weapon." A firearm, concealed billy club and any
18 other weapon calculated to produce death or serious bodily harm.
19 The term does not include chemical mace or any similar
20 substance.
21 "Private detective." The holder of a private detective
22 license issued pursuant to the provisions of Subchapter B of
23 Chapter 13 (relating to private detectives and other security
24 agents).
25 "Private detective associate." An employee of a private
26 detective business registered pursuant to the provisions of
27 Subchapter C of Chapter 13 (relating to employees of private
28 detectives and security business and privately employed security
29 guards) or who has applied for registration and has been issued
30 a temporary registration which has not expired.
19800H2499B3277 - 5 -
1 "Private policeman" or "policeman." An individual
2 commissioned under Chapter 31 (relating to private police) to
3 act as a private policeman.
4 CHAPTER 3
5 LETHAL WEAPONS TRAINING
6 Sec.
7 301. Short title of chapter.
8 302. Education and training program.
9 303. Powers and duties of commissioner.
10 304. Enrollment in program.
11 305. Certification.
12 306. Notice of discharge for cause.
13 307. Revocation of certificate.
14 308. Limitation on type of firearms.
15 309. Disposition of fees and other moneys.
16 310. Penalties.
17 § 301. Short title of chapter.
18 This chapter shall be known and may be cited as the "Lethal
19 Weapons Training Act."
20 § 302. Education and training program.
21 (a) Establishment.--An education and training program in the
22 handling of lethal weapons, law enforcement and protection of
23 rights of citizens shall be established and administered or
24 approved by the commissioner in accordance with the provisions
25 of this chapter.
26 (b) Attendance.--A private detective, private detective
27 associate, security guard and any other person who is required
28 to be licensed or registered under this title or who is employed
29 as a private policeman by a nonprofit organization or entity and
30 commissioned under the provisions of Chapter 31 (relating to
19800H2499B3277 - 6 -
1 private police) and who, as an incidence to his employment,
2 carries a lethal weapon shall be required to attend the program
3 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. This subsection shall not
7 require attendance for guards and watchmen who fulfill the
8 requirements of the appropriate Federal agency for the
9 performance of security guard duties in connection with the
10 construction and operation of a commercial utilization or
11 production facility under the authority of the Federal Atomic
12 Energy Act of 1954.
13 (c) Limitation on employer participation in program
14 administration.--Except for colleges and universities, no
15 nongovernment employer of a person who incident to his
16 employment carries a lethal weapon shall own, operate or
17 otherwise participate in, directly or indirectly, the
18 establishment or administration of the program.
19 § 303. Powers and duties of commissioner.
20 The commissioner shall have the power and duty to:
21 (1) Implement and administer or approve the minimum
22 courses of study and training for the program in the handling
23 of lethal weapons, law enforcement and protection of the
24 rights of citizens. He may appoint such employees, promulgate
25 such rules and regulations and prescribe such forms as may be
26 necessary for this purpose.
27 (2) Implement and administer or approve physical and
28 psychological testing and screening of the candidate for the
29 purpose of barring from the program those not physically or
30 mentally fit to handle lethal weapons.
19800H2499B3277 - 7 -
1 (3) Issue certificates to schools approved by the
2 commissioner and withdraw certificates from those schools
3 disapproved by the commissioner.
4 (4) Certify instructors pursuant to the minimum
5 qualifications established by the commissioner.
6 (5) Consult and cooperate with universities, colleges,
7 community colleges and institutes for the development of
8 specialized courses in handling lethal weapons, law
9 enforcement and protection of the rights of citizens.
10 (6) Consult and cooperate with Commonwealth agencies and
11 agencies of other states and the Federal Government concerned
12 with similar training.
13 (7) Certify those individuals who have satisfactorily
14 completed basic education and training requirements as
15 established by the commissioner and issue appropriate
16 certificates.
17 (8) Visit and inspect approved schools annually.
18 (9) Collect reasonable charges from the students
19 enrolled therein to pay for the costs of the program.
20 (10) Grant waivers from compliance with the provisions
21 of this chapter to persons who have satisfactorily completed
22 a course of instruction in a training program approved by the
23 commissioner.
24 (11) Perform all other duties as may be reasonably
25 necessary or appropriate to implement this chapter.
26 § 304. Enrollment in program.
27 (a) Application.--Any person desiring to enroll in the
28 program shall file an application with the commissioner.
29 (b) Information required.--The application shall be signed
30 and verified by the applicant. It shall include his full name,
19800H2499B3277 - 8 -
1 age, residence, present and previous occupations and such other
2 information that may be required by the commissioner to show the
3 good character, competency and integrity of the applicant.
4 (c) Fingerprints, photograph and fee.--The application shall
5 be personally presented by the applicant at an office of the
6 Pennsylvania State Police where his fingerprints shall be
7 affixed thereto. The application, together with two current
8 photographs of the applicant and an application fee of $35,
9 shall be forwarded to the commissioner.
10 (d) Investigation.--The fingerprints of the applicant shall
11 be examined by the Pennsylvania State Police and the Federal
12 Bureau of Investigation to determine if he has been convicted of
13 a felony or a violation of any provision of law listed in
14 section 1323(b) (relating to qualifications for licensure).
15 (e) Age.--No application shall be accepted if the applicant
16 is under the age of 18 years.
17 (f) Authorization.--After the application has been processed
18 and it is determined that the applicant has not been convicted
19 of crimes under subsection (d) and has otherwise satisfied the
20 requirements of this section, the commissioner shall authorize
21 the applicant to enroll in an approved program.
22 § 305. Certification.
23 (a) General rule.--Upon receipt of a fee of $15, the
24 commissioner shall furnish to each person satisfactorily
25 completing the program an appropriate certificate which shall
26 include his photograph.
27 (b) Possession of certificate.--The certificate shall be
28 carried on the person as identification during all times when on
29 duty or going to and from duty and carrying a lethal weapon.
30 (c) Duration.--Certification shall be for a period of five
19800H2499B3277 - 9 -
1 years and the renewal fee shall be $15. Additional training as a
2 condition of renewal shall be required by the commissioner at
3 intervals of not less than five years, unless the commissioner
4 is aware of information which would require specific training
5 prior to renewal. The commissioner shall prescribe the manner in
6 which the certification shall be renewed.
7 § 306. Notice of discharge for cause.
8 Whenever an employer discharges a certified individual
9 subject to the provisions of this chapter for cause, the
10 employer shall immediately notify the commissioner of the
11 discharge.
12 § 307. Revocation of certificate.
13 The commissioner may revoke or refuse to renew any
14 certificate issued under this chapter whenever he learns that
15 false, fraudulent or misstated information appears on the
16 original or renewal application or whenever he learns of a
17 change of circumstances that would render an employee ineligible
18 for certification.
19 § 308. Limitation on type of firearms.
20 No individual certified under this chapter shall carry an
21 inoperative or model firearm while employed and he shall carry
22 only a powder actuated firearm approved by the commissioner. Any
23 violation of this section shall be grounds for the commissioner
24 to revoke the certification.
25 § 309. Disposition of fees and other moneys.
26 All fees and other moneys derived from the operations of this
27 chapter shall be paid into the General Fund.
28 § 310. Penalties.
29 (a) Uncertified persons.--Any person required to obtain a
30 certificate under this chapter who, in the course of his
19800H2499B3277 - 10 -
1 employment, carries a lethal weapon and who fails to comply with
2 section 302(b) (relating to education and training program) or
3 has not obtained a certificate commits a misdemeanor of the
4 third degree.
5 (b) Failure to carry certificate.--Any person who, in the
6 course of his employment, carries a lethal weapon and who
7 violates section 305(b) (relating to certification) commits a
8 summary offense.
9 CHAPTER 5
10 STATE BOARD OF PRIVATE DETECTIVES
11 AND SECURITY BUSINESSES
12 Sec.
13 501. Creation of board.
14 502. Organization of board.
15 503. Powers and duties of board.
16 504. Proceedings of board.
17 505. Board to keep records.
18 § 501. Creation of board.
19 (a) General rule.--There is hereby created a departmental
20 administrative board in the Department of State to be known as
21 the "State Board of Private Detectives and Security Businesses."
22 (b) Applicability of certain laws.--The provisions of the
23 act of April 9, 1929 (P.L.177, No.175), known as "The
24 Administrative Code of 1929," generally applicable to
25 professional and occupational boards in the Department of State
26 shall likewise be applicable to the State Board of Private
27 Detectives and Security Businesses. Fees set by Part II
28 (relating to private detective and security business) or
29 otherwise set by regulations shall be collected, credited,
30 allocated and generally administered in accordance with the act
19800H2499B3277 - 11 -
1 of July 1, 1978 (P.L.700, No.124), known as the "Bureau of
2 Professional and Occupational Affairs Fee Act."
3 § 502. Organization of board.
4 (a) Composition.--The State Board of Private Detectives and
5 Security Businesses shall consist of the Commissioner of
6 Professional and Occupational Affairs, two persons who shall be
7 members representing the public at large, and four licensees (at
8 least one of whom is engaged in investigation, at least one of
9 whom is engaged in security and at least one of whom is engaged
10 in alarm services) and one person who represents an employer
11 (other than a licensee) of security guards registered under this
12 title. Members shall be appointed by the Governor with the
13 advice and consent of a majority of the members elected to the
14 Senate and shall serve terms of six years, except that the first
15 appointed members shall serve staggered terms of two, four and
16 six years as determined by the Governor. Vacancies occurring by
17 death or resignation shall be filled by the Governor for the
18 unexpired term.
19 (b) Quorum and meetings.--Four members shall constitute a
20 quorum. The board shall select from their number a chairman and
21 shall select a secretary who need not be a member of the board.
22 There shall be two stated meetings of the board each year at a
23 place within this Commonwealth as determined by the board for
24 the transaction of its business but the board may hold other
25 meetings at its discretion and by vote of the majority upon due
26 notice thereof to all members of the board. The board need not
27 meet in person to take official action but may conduct official
28 or unofficial business by telephone or by writing provided it
29 otherwise complies with the act of July 19, 1974 (P.L.486,
30 No.175), referred to as the Public Agency Open Meeting Law.
19800H2499B3277 - 12 -
1 (c) Compensation and expenses.--Each member of the board,
2 other than the Commissioner of Professional and Occupational
3 Affairs, shall receive actual traveling, hotel, food and other
4 necessary expenses incurred while engaged in the discharge of
5 official duties as well as per diem allowance of $30. The
6 secretary shall receive reasonable compensation as the board
7 shall determine with the approval of the Commissioner of
8 Professional and Occupational Affairs.
9 § 503. Powers and duties of board.
10 The board shall have the power and duty to:
11 (1) Receive, investigate, approve or disapprove
12 applications for and renewals of licenses and registrations
13 required by Part II (relating to private detective and
14 security business).
15 (2) Conduct all other business reasonably related to the
16 license and registration function of the board.
17 (3) Revoke, suspend or reinstate licenses and
18 registrations (including the power to revoke or suspend
19 licenses and registrations for nonpayment of fees).
20 (4) Receive and act upon complaints.
21 (5) Compel attendance of witnesses and the production of
22 books or records.
23 (6) Issue orders, or modifications thereof, as may be
24 necessary in connection with proceedings under this chapter
25 and Part II.
26 (7) Conduct comprehensive studies and investigations as
27 it deems proper and pertinent to the licensing and
28 registration function of the board.
29 (8) Adopt rules and regulations of professional conduct
30 appropriate to establish and maintain a high standard of
19800H2499B3277 - 13 -
1 integrity, skills and practice in the professions licensed or
2 registered under Part II.
3 (9) Formulate, adopt, promulgate and repeal such rules
4 and regulations as are deemed necessary to implement the
5 provisions of this chapter and Part II.
6 § 504. Proceedings of board.
7 In proceedings of the board relating to the license and
8 registration powers and duties, the board shall not be bound by
9 the strict rules of evidence in the conduct of its proceedings
10 but any determinations made shall be found upon sufficient legal
11 evidence to sustain them. The burden of meeting the
12 qualifications for licensing or registration shall be on the
13 applicant. A district attorney who has filed objections shall be
14 considered a party for the purposes of appeal. The right of
15 appeal from decisions of the board shall be in accordance with
16 law.
17 § 505. Board to keep records.
18 (a) General rule.--The board shall keep records of its
19 proceedings, especially with relation to the issuance, denial,
20 registration, suspension and revocation of licenses and
21 registrations. All licenses and registrations issued by the
22 board shall be numbered and recorded by the secretary and a file
23 kept for that purpose and such file or record shall be open to
24 public inspection. In all actions or proceedings in any court a
25 transcript of any record or any part thereof, which is certified
26 to be a true copy by the secretary, shall be entitled to
27 admission in evidence.
28 (b) Roster of licensees and registrants.--The board shall
29 maintain a current roster of the names and addresses of all
30 business licensees, private detective licensees, registered
19800H2499B3277 - 14 -
1 private detective associates and registered security guard. The
2 roster shall be open to public inspection.
3 PART II
4 PRIVATE DETECTIVE AND SECURITY BUSINESS
5 Chapter
6 11. General Provisions
7 13. Licenses and Registrations
8 15. Identification Documents, Uniforms and Equipment
9 17. Enforcement
10 CHAPTER 11
11 GENERAL PROVISIONS
12 Sec.
13 1101. Short title of part.
14 1102. Applicability of part.
15 1103. Inapplicability of part.
16 1104. Preemption of local regulation.
17 1105. Advisory board.
18 1106. Roster of licensees and registrants.
19 § 1101. Short title of part.
20 This part shall be known and may be cited as the "Private
21 Detective and Security Business Act."
22 § 1102. Applicability of part.
23 This part applies to the private detective and security
24 business which shall include the business of investigator,
25 detective agency and watch, guard or patrol agency and mean,
26 separately or collectively, investigating for hire, reward or
27 any consideration whatsoever and notwithstanding that other
28 functions and services may also be performed for hire or reward,
29 to obtain information or perform services with reference to any
30 of the following matters:
19800H2499B3277 - 15 -
1 (1) Investigative and related services.--
2 (i) Crime or wrongs done or threatened against the
3 government of the United States of America or any state.
4 (ii) The identity, habits, conduct, movements,
5 whereabouts, affiliations, associations, transactions,
6 reputation or character of any person, group of persons,
7 association, organization, society, partnership or
8 corporation.
9 (iii) The credibility of witnesses or other persons.
10 (iv) The whereabouts of missing persons.
11 (v) The location or recovery of lost or stolen
12 property.
13 (vi) The causes and origin of, or responsibility
14 for, fires, libels, losses, accidents or damage or
15 injuries to real or personal property.
16 (vii) The affiliation, connection or relation of any
17 person, partnership or corporation with any union,
18 organization, society or association, or any official
19 member or representative thereof.
20 (viii) Persons seeking employment in the place of
21 any person or persons who have quit work by reason of any
22 strike.
23 (ix) The conduct, honesty, efficiency, loyalty or
24 activities of employees, agents, contractors and
25 subcontractors, including the providing of detection of
26 deception services.
27 (x) The securing of evidence to be used before any
28 authorized investigating committee, board of award or
29 board of arbitration or in the trial of civil or criminal
30 cases.
19800H2499B3277 - 16 -
1 (2) Alarm services.--The sales, installation,
2 maintenance, repair, replacement or servicing of alarm
3 systems by which the equipment transmits a signal to a
4 central station, law enforcement agency or fire department;
5 or the furnishing of monitoring or responding services in
6 connection with any alarm signaling devices.
7 (3) Security services.--Watchmen, guards, private
8 patrolmen or other persons to protect persons or property or
9 to prevent the theft or the unlawful taking of goods, wares
10 and merchandise, or to prevent the misappropriation or
11 concealment of goods, wares or merchandise, money, bonds,
12 stocks, choses in action, notes or other valuable documents,
13 papers and articles of value or to transport such goods or
14 procure the return thereof or the performing of such
15 services.
16 § 1103. Inapplicability of part.
17 This part does not apply to:
18 (1) A detective, officer or employee of the Pennsylvania
19 State Police or a police force of any municipality while
20 engaged in the performance of his official duties but this
21 exclusion does not apply if the police force is furnishing
22 the functions or services for hire or reward or is being
23 reimbursed for its costs by any private person.
24 (2) A person whose business is exclusively the
25 furnishing of information as to the business and financial
26 standing and credit responsibility of any person.
27 (3) A person exclusively and regularly employed as a
28 special agent, investigator or adjuster by one employer in
29 connection with the affairs of that employer only.
30 (4) A charitable or philanthropic society or association
19800H2499B3277 - 17 -
1 duly incorporated under the Laws of this Commonwealth and
2 which is organized and maintained for the public good and not
3 for profit.
4 (5) Alarm companies which manufacture and sell alarm
5 equipment to other alarm companies but do not sell to end
6 users.
7 (6) Investigators or adjusters for insurance companies.
8 § 1104. Preemption of local regulation.
9 It is the intent of the General Assembly to enact a
10 comprehensive licensing and registration system for the private
11 investigating and security business and thereby preempt this
12 field. All municipal and county ordinances inconsistent with
13 this part or imposing additional duties, fees or different
14 standards shall be invalid.
15 CHAPTER 13
16 LICENSES AND REGISTRATIONS
17 Subchapter
18 A. Private Detective and Security Business
19 B. Private Detectives and Other Security Agents
20 C. Employees of Private Detectives and Security Business and
21 Privately Employed Security Guards
22 SUBCHAPTER A
23 PRIVATE DETECTIVE AND SECURITY BUSINESS
24 Sec.
25 1301. License required.
26 1302. Application for license.
27 1303. Managing agent required for each office.
28 1304. Investigation of applicant.
29 1305. License.
30 1306. Transfer of license to another location.
19800H2499B3277 - 18 -
1 1307. Renewal of license.
2 § 1301. License required.
3 No person shall engage in the private detective business or
4 advertise his or its business to be a private detective business
5 or private security business, notwithstanding the name or title
6 used in describing the business, without having first obtained a
7 business license. A separate license shall be obtained for each
8 location at which an office, branch office, bureau, agency or
9 subagency, is maintained for the conduct of the private
10 detective or private security business.
11 § 1302. Application for license.
12 (a) General rule.--Any person intending to conduct a private
13 detective business or other security business shall file with
14 the board a signed and verified application. If the applicant is
15 a partnership, association or corporation, the application shall
16 contain the information required in this section for, and shall
17 be signed and verified by, each individual composing the
18 partnership or association or each principal officer and, unless
19 the stock of the corporation or its ultimate parent corporation
20 is listed on a National Securities Exchange or registered under
21 § 12 of the Federal Securities and Exchange Act of 1934, each
22 shareholder owning more than 5% of the shares of the
23 corporation. The application shall set forth his full name, age,
24 residence, present and previous occupations, the address of the
25 principal place of business and the office, branch office,
26 bureau, agency, subagency for which the business license is
27 desired, and such further information as may be required by the
28 board to show the good character, competency and integrity of
29 the individual. The application shall also contain two
30 photographs and the fingerprints of the two hands of each
19800H2499B3277 - 19 -
1 applicant. The managing agent of the applicant for each location
2 of its offices shall be identified and a copy of his private
3 detective license, or application for license, shall be
4 included.
5 (b) References.--Each individual or partnership who is an
6 applicant shall be recommended by not less than five reputable
7 citizens of the community in which he resides or for which the
8 business license is desired, who shall certify under oath that
9 he has personally known the individual for a period of at least
10 five years prior to the filing of the application, that he has
11 read the application and believes each of the statements made
12 therein to be true, that the person is honest, of good character
13 and competent and not related or connected to him by blood or
14 marriage.
15 (c) Additional information for corporation.--In the case of
16 a corporation, the application shall include its name, date and
17 place of incorporation, the amount of its outstanding paid-up
18 capital stock and whether paid in cash or property and, if in
19 property, the nature of the property, and the names of not less
20 than three credit references. In addition, the corporate
21 applicant shall supply a certified copy of the certificate of
22 incorporation.
23 (d) Death, etc. of member or officer.--Notice of the death,
24 resignation, withdrawal or removal of the managing agent, member
25 of a partnership or association, or any principal officer or
26 shareholder required to sign the application shall forthwith be
27 given in writing to the board and a successor agent, member,
28 officer or shareholder shall file with the board the appropriate
29 information or application.
30 (e) Branch offices of licensee.--An application by a
19800H2499B3277 - 20 -
1 business licensee for a branch license may incorporate the
2 information previously furnished to the board by reference and
3 shall contain only additional information necessary to conduct
4 the review required by this subchapter.
5 § 1303. Managing agent required for each office.
6 No business license shall be issued unless the applicant or
7 the managing agent possesses a private detective license and
8 certifies that he will engage full time in the private detective
9 business at the location for which the license is requested.
10 § 1304. Investigation of applicant.
11 The board shall refer the application to the district
12 attorney of the county where the office or branch office,
13 bureau, agency or subagency will be located. Upon receipt of the
14 application the district attorney shall direct an appropriate
15 investigation of the applicant and shall, within 30 days of
16 receipt of the application, forward to the board a complete
17 written report of the investigative findings and a
18 recommendation as to the disposition of the application. The
19 board shall also obtain through the State Police or otherwise
20 criminal history records, fingerprint comparative information
21 and such other information as it requires.
22 § 1305. License.
23 (a) Issuance.--If after investigation the board is satisfied
24 of the good character, competency and integrity of the applicant
25 and a period of 45 days from the date of the filing of the
26 application has elapsed, the board shall issue and deliver to
27 the applicant a business license for the premises stated in the
28 application. In the event verified objections to the issuance of
29 a license are filed with the board, he shall hold a public
30 hearing with notice to all interested parties prior to issuing
19800H2499B3277 - 21 -
1 or refusing to issue the license.
2 (b) Fee and liability insurance.--Prior to the issuance of a
3 business license, the applicant shall pay to the Commonwealth
4 for each license a fee of $250, and shall file with the board
5 evidence that it has in force a general liability insurance
6 policy in an amount insuring against claims of not less than
7 $300,000 in the case of personal injuries and $100,000 in the
8 case of property damage written by an insurance company
9 authorized to do business in this Commonwealth. Each policy
10 shall contain an endorsement that the policy will not be
11 cancelled or modified without notification to the board.
12 (c) Form.--The business license shall be in a form
13 prescribed by the board and shall specify the full name of the
14 applicant, the location of the principal office, and the office,
15 branch office, bureau, agency or subagency for which the license
16 is issued, the date on which it is issued, the date on which it
17 will expire and the name and residence of each licensed private
18 detective employed by it at that location.
19 (d) Posting.--The business license shall be at all times
20 displayed in a conspicuous place in the office for which it is
21 issued.
22 (e) Revocation.--The business license shall be revocable at
23 any time by the board for cause shown. Every license shall be
24 surrendered to the board within 72 hours after its term has
25 expired or after notice in writing to the holder that the
26 license has been revoked. Any licensee failing to comply with
27 any of the provisions of this section commits a misdemeanor of
28 the third degree. Such failure shall be sufficient cause for the
29 revocation of a license.
30 § 1306. Transfer of license to another location.
19800H2499B3277 - 22 -
1 If a business licensee desires to transfer the license to a
2 place other than that described in it, he shall prior thereto
3 apply to the board for leave to transfer the license. The
4 application for transfer shall describe the premises to which
5 the transfer will be made and the date of transfer. The board
6 shall cause an appropriate investigation to be made and, if he
7 is satisfied, authorize the transfer.
8 § 1307. Renewal of license.
9 A business license shall be renewed biennially by the board
10 upon application at such time prior to expiration and in such
11 form as the board may prescribe and payment of a biennial fee of
12 $200 and the filing of evidence of insurance as required for the
13 original license. The license shall be renewed without further
14 investigation unless the applicant no longer qualifies for the
15 license or verified objections to the renewal are received by
16 the board prior to issuance. If the board has received
17 information relevant to the renewal, he shall hold a public
18 hearing as provided for in the case of an original application.
19 SUBCHAPTER B
20 PRIVATE DETECTIVES AND OTHER SECURITY AGENTS
21 Sec.
22 1321. License or registration required.
23 1322. Limited licenses.
24 1323. Qualifications for licensure.
25 1324. Incompatible employment.
26 1325. Application for license.
27 1326. License.
28 1327. Renewal of license.
29 § 1321. License or registration required.
30 No person shall perform any of the functions and services set
19800H2499B3277 - 23 -
1 forth in section 1102 (relating to applicability of part)
2 without having obtained from the board a private detective
3 license or having registered as an associate or as a security
4 guard.
5 § 1322. Limited licenses.
6 (a) General rule.--Notwithstanding the prohibition contained
7 in section 1321 (relating to license or registration required),
8 a person, partnership, association or corporation may perform
9 polygraph and alarm services defined in section 1102(1)(ix) or
10 (2) (relating to applicability of part) providing he or it
11 applies to the board for a limited license. This limited license
12 may be granted by the board notwithstanding that the applicant
13 does not meet the experience qualifications of section 1323(a)
14 (relating to qualifications for licensure) provided that the
15 applicant meets all other requirements of this title relating to
16 standards of criminal disqualification, incompatible employment,
17 character fitness, personal references, age or other
18 qualifications set by the board.
19 (b) Defining types of licensees.--The board may define those
20 persons to be licensed under this section as "polygraph
21 operator," "alarm agent" or "alarm business" but the definitions
22 shall be substantially as follows:
23 "Alarm agent." Any individual employed within this
24 Commonwealth by an alarm business for the purpose of providing
25 installation, service or monitoring of alarm systems.
26 "Alarm business." Any individual, partnership, association,
27 corporation or other entity engaged in the sale, leasing,
28 installation, maintenance, repair, replacement or servicing of
29 alarm systems as defined in section 1102(2); or the furnishing
30 of monitoring or responding services in connection with any
19800H2499B3277 - 24 -
1 alarm signaling devices. "Alarm business" does not include
2 companies which manufacture and sell alarm equipment to other
3 alarm companies but which do not sell to end users. In addition,
4 "alarm business" does not include any entity on whose premises
5 is installed an alarm system sounding or recording alarm and
6 supervisory signals at a control center on the protected
7 premises and under the supervision of the proprietor of the
8 protected premises.
9 "Polygraph operator." Any individual employed within this
10 Commonwealth to investigate the conduct, honesty, efficiency,
11 loyalty or activities of employees, agents, contractors and
12 subcontractors by means of detection of deception devices of a
13 mechanical nature.
14 (c) Regulation of licensees.--All other rights and duties of
15 alarm agents, alarm businesses and polygraph operators shall be
16 as provided by this title. It is the intent of this section only
17 that alarm agents, alarm businesses and polygraph operators
18 shall be relieved of the experience requirements for licensure
19 as private detectives. The board may set, by rules and
20 regulations, reasonable and appropriate requirements for
21 licensure for these limited licenses.
22 (d) Limitation on activities of licensees.--Limited licenses
23 issued under this section shall authorize only the conduct of
24 alarm agent, alarm business or polygraph operator and by
25 operation of law prohibit private detective and security
26 business activities.
27 § 1323. Qualifications for licensure.
28 (a) Experience.--No private detective license shall be
29 issued unless the applicant has been regularly employed for a
30 period of not less than five years as a detective, an associate
19800H2499B3277 - 25 -
1 of a licensed private detective, a member of the United States
2 Government investigative service, the Pennsylvania State Police,
3 a municipality with a rank or grade higher than patrolman, or a
4 sheriff. Any employee of a private detective or security
5 business who is not otherwise disqualified under this section or
6 section 1324 (relating to incompatible employment) from
7 obtaining a private detective or security business license may
8 be registered as an associate notwithstanding that he does not
9 possess the experience required under this subsection to obtain
10 a private detective or security business license.
11 (b) Criminal disqualifications.--
12 (1) No private detective license shall be issued to any
13 person who has been convicted in this Commonwealth or any
14 other state of a felony or a violation of any of the
15 following provisions of law:
16 18 Pa.C.S. § 907 (relating to possessing instruments
17 of crime).
18 18 Pa.C.S. § 908 (relating to prohibited offensive
19 weapons).
20 18 Pa.C.S. § 2702 (relating to aggravated assault).
21 18 Pa.C.S. § 3124 (relating to voluntary deviate
22 sexual intercourse).
23 18 Pa.C.S. § 3503 (relating to criminal trespass).
24 18 Pa.C.S. § 3921 (relating to theft by unlawful
25 taking or disposition).
26 18 Pa.C.S. § 3925 (relating to receiving stolen
27 property).
28 18 Pa.C.S. § 5121 (relating to escape).
29 Act of April 14, 1972 (P.L.233, No.64), known as "The
30 Controlled Substance, Drug, Device and Cosmetic Act."
19800H2499B3277 - 26 -
1 (2) The conviction of any other crime in this
2 Commonwealth or any other state may be the basis for denying
3 the issuance or renewal of a license.
4 (c) Previous revocation.--No private detective license or
5 registration shall be issued to any person whose license or
6 registration has been previously revoked because of conviction
7 of a felony or any of the offenses specified in this section
8 unless the person has received an executive or judicial pardon
9 removing this disability.
10 (d) Age.--No private detective license shall be issued to a
11 person under the age of 25 years and no registration as an
12 associate or security guard shall be issued to a person under
13 the age of 18 years.
14 § 1324. Incompatible employment.
15 (a) Certain public officials.--No private detective license
16 shall be issued to a member of a State or municipality police
17 force, constable, probation officer or any individual who holds
18 a public office and who, by virtue of that public office,
19 possess extraordinary police authority, not allowed private
20 persons, for the benefit of the public. In the case of an
21 association, partnership or corporation, no license shall be
22 issued if any individual composing the association or
23 partnership, or corporate officer or shareholder, is so employed
24 or holds such public office. This subsection does not prevent a
25 person from obtaining registration as a security guard if his
26 public employer certifies that service as a security guard
27 during hours when he is not pursuing regular duties is not
28 prohibited.
29 (b) Employment agency.--No holder of an employment agency
30 license shall be licensed under this chapter. While holding a
19800H2499B3277 - 27 -
1 private detective license under this chapter a licensee shall
2 not simultaneously hold an employment agency license or have any
3 financial interest in or participate in the control and
4 management of any employment agency or any other private
5 detective business. A licensee may own or possess stock in any
6 corporation whose only business is to undertake for hire the
7 preparation of payrolls and the transportation of payrolls,
8 moneys, securities and other valuables or whose only business is
9 to provide or furnish protective or guard services to any
10 Federal agency.
11 § 1325. Application for license.
12 (a) General rule.--Any person who is qualified to do so may
13 execute and file with the board an application for a private
14 detective license setting forth under oath:
15 (1) His full name, age and residence.
16 (2) Citizenship.
17 (3) The name and address of all employers or occupations
18 engaged in for the three years immediately preceding.
19 (4) That he has not been convicted of a felony or of any
20 offense involving moral turpitude or of any of the offenses
21 described in section 1323 (relating to qualifications for
22 licensure).
23 (5) That he is not disqualified under section 1323 or
24 section 1324 (relating to incompatible employment) from being
25 licensed as a private detective.
26 (6) Such further information as the board may require to
27 show good character, competency and integrity of the
28 applicant.
29 The application shall be accompanied by a set of fingerprints
30 and two photographs and a license fee of $100 which shall be
19800H2499B3277 - 28 -
1 nonrefundable.
2 (b) Investigation of applicant.--The board shall cause an
3 investigation of the applicant in the same manner as section
4 1304 (relating to investigation of applicant).
5 § 1326. License.
6 (a) Issuance.--If after investigation the board is satisfied
7 of the good character, competency and integrity of the applicant
8 and a period of 45 days from the date of the filing of the
9 application has elapsed, the board shall issue and deliver to
10 the applicant a private detective license. In the event verified
11 objections to the issuance of a license are filed with the
12 board, it shall hold a public hearing with notice to all
13 interested parties prior to issuing or refusing to issue the
14 license.
15 (b) Form.--The license shall be in a form prescribed by the
16 board and shall specify the full name of the applicant, the
17 location of the principal office, and the location of the
18 office, branch office, bureau, agency or subagency from which
19 the applicant will work, the date on which it was issued and the
20 date on which it will expire.
21 (c) Posting.--The license shall at all times be displayed in
22 a conspicuous place in the principal office from which the
23 applicant works.
24 (d) Revocation.--The license shall be revocable at any time
25 by the board for cause shown. Every license shall be surrendered
26 to the board within 72 hours after its term has expired or after
27 notice in writing to the holder that the license has been
28 revoked. Any licensee failing to comply with any of the
29 provisions of this subsection commits a misdemeanor of the third
30 degree. Such failure shall be sufficient cause for the
19800H2499B3277 - 29 -
1 revocation of a license.
2 § 1327. Renewal of license.
3 A license shall be renewed biennially by the board upon
4 application at such time prior to expiration and in such form as
5 the board may prescribe and payment of a biennial fee of $75.
6 The license may be renewed without further investigation unless
7 the applicant no longer qualifies for the license or verified
8 objections to the renewal are received by the board prior to
9 issuance. If the board has received information relevant to the
10 renewal, it shall hold a public hearing as provided for in the
11 case of an original application.
12 SUBCHAPTER C
13 EMPLOYEES OF PRIVATE DETECTIVES AND SECURITY
14 BUSINESS AND PRIVATELY EMPLOYED SECURITY GUARDS
15 Sec.
16 1341. Responsibility for employees.
17 1342. Registration of associates.
18 1343. Registration of security guards.
19 1344. Duties of licensee and certain other employers.
20 § 1341. Responsibility for employees.
21 A business licensee shall be legally responsible for the good
22 conduct within the scope of employment in the private detective
23 and private security business of each person employed to assist
24 him. No licensee shall knowingly employ in connection with the
25 private detective and private security business in any capacity
26 any person who has been convicted of a felony or any of the
27 offenses specified in section 1323(b) (relating to
28 qualifications for licensure) or whose private detective license
29 or associate or security guard registration was revoked or
30 application for license or registration denied by the board or
19800H2499B3277 - 30 -
1 by the authorities of any state.
2 § 1342. Registration of associates.
3 (a) Registration required.--No person shall be employed by a
4 business licensee to investigate or obtain information with
5 reference to any of the matters set forth in section 1102(1)
6 (relating to applicability of part) who does not possess a valid
7 registration as a private detective associate unless he has
8 executed and filed with the board an application for
9 registration as provided in this section.
10 (b) Application for registration.--Any person who is
11 qualified to do so may execute and file with the board an
12 application for registration setting forth under oath:
13 (1) His full name, age and residence.
14 (2) Citizenship.
15 (3) The name and address of all employers or occupations
16 engaged in for the three years immediately preceding.
17 (4) That he has not been convicted of a felony or of any
18 offense involving moral turpitude or of any of the offenses
19 described in section 1323 (relating to qualifications for
20 licensure).
21 (5) That he is not disqualified under section 1323 or
22 section 1324 (relating to incompatible employment) from being
23 registered as an associate.
24 (6) Such further information as the board may require to
25 show good character, competency and integrity of the
26 applicant.
27 The application shall be accompanied by a set of fingerprints
28 and two photographs and a registration fee of $50 which shall be
29 nonrefundable.
30 (c) Investigation of applicant.--The board shall cause an
19800H2499B3277 - 31 -
1 appropriate investigation of the applicant, including criminal
2 history record and fingerprint comparative information reports.
3 (d) Issuance.--If after investigation the board is satisfied
4 of the good character, competency and integrity of the
5 applicant, the board shall issue and deliver to the applicant an
6 associate registration.
7 (e) Revocation.--The registration shall be revocable at any
8 time by the board for cause shown. Every registration and
9 identification document shall be surrendered to the board within
10 72 hours after its term has expired or after notice in writing
11 to the holder that the registration has been revoked. Any
12 licensee failing to comply with any of the provisions of this
13 subsection commits a misdemeanor of the third degree. Such
14 failure shall be sufficient cause for the revocation of a
15 registration.
16 (f) Renewal.--The registration shall be renewed biennially
17 upon forms prescribed by the board and payment of a biennial fee
18 of $35. The registration may be renewed without further
19 investigation unless the applicant no longer qualifies or
20 verified objections to the renewal are received by the board
21 prior to issuance. If the board has received information
22 relevant to the renewal, it shall hold a public hearing.
23 § 1343. Registration of security guards.
24 (a) Registration required.--No person shall be employed by
25 an alarm business licensee for the purpose of providing
26 installation, service or monitoring of alarm systems, and no
27 person shall be employed by a business licensee or by any person
28 for the purpose of providing watchguard, protective patrol,
29 courier or other services to protect persons or property or any
30 of the services described in section 1102(2) and (3) (relating
19800H2499B3277 - 32 -
1 to applicability of part) who does not possess a valid
2 registration as a security guard unless he has executed and
3 filed with the board an application for registration as provided
4 in this part.
5 (b) Application for registration.--Any person who is
6 qualified to do so may execute and file with the board an
7 application for registration setting forth under oath:
8 (1) His full name, age and residence.
9 (2) Citizenship.
10 (3) The name and address of all employers or occupations
11 engaged in for the three years immediately preceding.
12 (4) That he has not been convicted of any felony or of
13 any offense involving moral turpitude or of any of the
14 offenses described in section 1323(b) (relating to
15 qualifications for licensure).
16 (5) That he is not employed by a state or municipality
17 police force or, if he is so employed, that his public
18 employer does not prohibit him from serving as a security
19 guard during hours other than those when he is pursuing his
20 regular duties.
21 (6) Such further information as the board may require to
22 show the good character, competency and integrity of the
23 applicant.
24 The application shall be accompanied by a set of fingerprints
25 and two photographs and a registration fee of $25 which shall be
26 nonrefundable.
27 (c) Investigation of applicant.--The board shall cause an
28 appropriate investigation of the applicant, including criminal
29 history record and fingerprint comparative information reports.
30 (d) Issuance.--If after investigation the board is satisfied
19800H2499B3277 - 33 -
1 of the good character, competency and integrity of the
2 applicant, the board shall issue and deliver to the applicant a
3 security guard registration.
4 (e) Revocation.--The registration shall be revocable at any
5 time by the board for cause shown. Every registration and
6 identification document shall be surrendered to the board within
7 72 hours after its term has expired or after notice in writing
8 to the holder that the registration has been revoked. Any
9 licensee failing to comply with any of the provisions of this
10 subsection commits a misdemeanor of the third degree. Such
11 failure shall be sufficient cause for the revocation of a
12 registration.
13 (f) Renewal.--The registration shall be renewed biennially
14 upon forms prescribed by the board and payment of a biennial fee
15 of $15. The registration may be renewed without further
16 investigation unless the applicant no longer qualifies or
17 verified objections to the renewal are received by the board
18 prior to issuance. If the board has received information
19 relevant to the renewal, it shall hold a public hearing.
20 § 1344. Duties of licensee and certain other employers.
21 Prior to allowing an associate or a security guard to perform
22 services, the business licensee or other employer shall verify
23 his registration, or in the case of an applicant for
24 registration, the licensee or employer may issue, in accordance
25 with regulations promulgated by the board, a temporary
26 registration which shall be void if the applicant's employment
27 is terminated for any reason, the registration is refused by the
28 board, a or after 90 days, whichever first occurs. The licensee
29 or employer shall retain on file a copy of the application and
30 one set of fingerprints until permanent registration of the
19800H2499B3277 - 34 -
1 associate or security guard is verified. If the employment of an
2 associate or security guard is terminated for cause at any time,
3 the licensee or employer shall immediately notify the board.
4 CHAPTER 15
5 IDENTIFICATION DOCUMENTS, UNIFORMS
6 AND EQUIPMENT
7 Sec.
8 1501. Private detective identification document.
9 1502. Associate and security guard identification card.
10 1503. Responsibility for identification documents.
11 1504. Uniforms and equipment.
12 § 1501. Private detective identification document.
13 Upon the issuance of a private detective license, the board
14 shall also issue an identification document which shall contain
15 his photograph, name and business address, and a metal badge as
16 evidence of authorization pursuant to the terms of this part.
17 § 1502. Associate and security guard identification card.
18 Upon the issuance of a registration as a private detective
19 associate or security guard, the board shall issue an
20 identification card which shall contain such information as the
21 board shall prescribe.
22 § 1503. Responsibility for identification documents.
23 (a) General rule.--Each person to whom an identification
24 document, license, registration card and badge has been issued
25 shall be responsible for their safekeeping and shall not lend,
26 let or allow any other person to use, wear or display the
27 license, document, card or badge.
28 (b) Wearing unauthorized identification card or badge.--No
29 person shall wear or display any license, card, shield or badge
30 of any design or material purporting to authorize the holder or
19800H2499B3277 - 35 -
1 wearer thereof to act as a private detective, associate or
2 security guard, which has not been issued pursuant to the
3 provisions of this part. Any person who violates this subsection
4 commits a misdemeanor of the third degree and any such violation
5 is sufficient cause for revocation of the license or
6 registration.
7 (c) Loss or destruction.--If it is established to the
8 satisfaction of the board that a license, document, card or
9 badge has been lost or destroyed, the board, upon payment of an
10 appropriate fee, shall issue a duplicate license, document, card
11 or badge for the unexpired portion of the term of the license or
12 registration.
13 § 1504. Uniforms and equipment.
14 (a) Return when employment terminated.--Any associate or
15 security guard issued a uniform or equipment by his employer
16 whose employment is terminated for any reason who fails or
17 refuses to return the uniform or equipment for any reason within
18 three days after the employment ceases, commits a misdemeanor of
19 the third degree.
20 (b) Wearing official police uniform.--A member or employee
21 of a public police force shall not wear his official police
22 uniform while performing security services for a private
23 employer unless authorized by the governing authority of the
24 political subdivision by which he is employed.
25 (c) Uniform standards.--The board may promulgate standards
26 or guidelines relating to the design or color of security guard
27 uniforms so as to assure differentiation of public police and
28 security guard uniforms.
29 (d) Deceptively similar uniforms.--An associate or security
30 guard shall not wear, nor shall an employer issue, a uniform
19800H2499B3277 - 36 -
1 deceptively similar to a uniform worn by a member of a public
2 police force in or adjacent to the political subdivision in
3 which the security services are being performed.
4 CHAPTER 17
5 ENFORCEMENT
6 Subchapter
7 A. General Provisions
8 B. Violations and Penalties
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 1701. Enforcement and investigations.
13 1702. Subpoenas.
14 1703. Prosecutions.
15 § 1701. Enforcement and investigations.
16 The board, or at his request the Attorney General, and each
17 district attorney shall enforce the provisions of this part and,
18 upon complaint of any person or on his own initiative, shall
19 investigate any suspected violation or the business practices
20 and methods of any applicant or licensee. Each applicant or
21 licensee shall, on request of the board or the district
22 attorney, supply such information as may be required concerning
23 his or its business, business practices or methods.
24 § 1702. Subpoenas.
25 For the purpose of enforcing the provisions of this part and
26 in making investigations relating to any violation thereof and
27 for the purpose of investigating applicants or licensees, the
28 board, the Attorney General and district attorney, or their
29 designee, shall have the power to subpoena any person within his
30 jurisdiction and require the production of any books or papers
19800H2499B3277 - 37 -
1 deemed relevant to the inquiry. Any person subpoenaed who fails
2 to obey the subpoena without reasonable cause or without such
3 cause refuses to be examined or to answer any relevant question
4 commits a misdemeanor of the third degree. The testimony of
5 witnesses shall be under oath and willful false swearing in any
6 such proceeding shall be punishable as perjury.
7 § 1703. Prosecutions.
8 Criminal prosecutions for violation of this part shall be
9 brought by the Attorney General or the district attorney of the
10 county in which the violation occurred.
11 SUBCHAPTER B
12 VIOLATIONS AND PENALTIES
13 Sec.
14 1711. Unfair labor practices.
15 1712. Contingent or percentage fees.
16 1713. Unlicensed activities.
17 1714. False representations.
18 1715. Privileged information and false reports.
19 § 1711. Unfair labor practices.
20 It is a misdemeanor of the third degree for a private
21 detective or any employee of a business licensee knowingly to
22 encourage, aid, commit or participate within or without this
23 Commonwealth in any unfair labor practice.
24 § 1712. Contingent or percentage fees.
25 It is unlawful for a private detective or business licensee
26 to furnish or perform any private detective business service on
27 a contingent or percentage basis, or make or enter into any
28 agreement for furnishing services of any kind or character by
29 the terms or conditions of which agreement the compensation to
30 be paid for the services to the licensee is partially or wholly
19800H2499B3277 - 38 -
1 contingent or based upon a percentage of the amount of money or
2 property recovered or dependent in any way upon the result
3 achieved. A violation of this section may be the basis for
4 denying the renewal of a license.
5 § 1713. Unlicensed activities.
6 Any person, in violation of the provisions of Subchapter A of
7 Chapter 13 (relating to private detective and security
8 business), who engages in the private detective business without
9 a license commits a misdemeanor of the third degree.
10 § 1714. False representations.
11 If the business licensee falsely represents that a person is
12 or has been in his employ, such misrepresentation shall be
13 sufficient cause for the revocation of his license. Any person
14 who falsely represents that he is or has been a detective or
15 employed by a licensee commits a misdemeanor of the third
16 degree. Any person who files with the board the fingerprints,
17 photographs or application for registration of a person other
18 than the applicant commits a misdemeanor of the first degree.
19 § 1715. Privileged information and false reports.
20 Any person who is or has been an employee of a business
21 licensee shall not divulge to anyone other than his employer, or
22 as his employer shall direct, any information acquired by him
23 during such employment in respect to any of the work to which he
24 has been assigned. Any employee violating the provisions of this
25 section, or any employee who shall willfully make a false report
26 to his employer in respect to any of such work, commits a
27 misdemeanor of the third degree. The employer of any employee
28 believed to have violated this section shall, without any
29 liability whatsoever upon the employer, inform the board who
30 shall, should the facts and circumstances warrant it, conduct
19800H2499B3277 - 39 -
1 further investigation and refer that matter to the district
2 attorney for appropriate action.
3 PART III
4 PRIVATE POLICE
5 Chapter
6 31. Private Police
7 33. Railroad and Street Railway Police
8 CHAPTER 31
9 PRIVATE POLICE
10 Sec.
11 3101. Appointment.
12 3102. Oath of office.
13 3103. Powers.
14 3104. Compensation.
15 3105. Termination of appointment.
16 § 3101. Appointment.
17 Any nonprofit organization or entity, including a nonprofit
18 corporation as defined in Part III of Title 15 (relating to
19 corporations not-for-profit), which maintains a cemetery or any
20 buildings or grounds open to the public, or is organized for the
21 prevention of cruelty to children, aged persons or animals, or
22 conducts agricultural or horticultural exhibitions may apply to
23 the board upon such forms as it shall prescribe for the
24 appointment of specific persons as the applicant may designate
25 to act as private policemen for it. The board after such
26 investigation as it shall deem necessary shall recommend to the
27 Governor the commissioning of such persons as private policemen
28 or advise the applicant of its adverse recommendation and the
29 reasons therefor.
30 § 3102. Oath of office.
19800H2499B3277 - 40 -
1 Every policeman so commissioned shall, before entering upon
2 the duties of his office, take and subscribe the oath required
3 by Article VI of the Constitution of Pennsylvania. The oath and
4 the commission issued by the Governor shall be recorded in the
5 office for the recording of deeds of each county in which it is
6 intended that the policemen shall act and a copy filed with the
7 board.
8 § 3103. Powers.
9 (a) General rule.--Private policemen shall severally possess
10 and exercise all the powers of a police officer in this
11 Commonwealth, in and upon, and in the immediate and adjacent
12 vicinity of, the property of the appointing authority, and in
13 the case of policemen commissioned to act for organizations for
14 prevention of cruelty to persons and animals, shall severally
15 possess and exercise all the powers of a police officer in any
16 county in which they may be directed by their appointing
17 authority to act and may arrest persons for the commission of
18 any offense of cruelty to children, aged persons or animals.
19 (b) Detention of arrested persons.--The keepers of jails and
20 other places of detention in any county of this Commonwealth
21 shall receive all persons arrested by private policemen for
22 purposes of detention until they are dealt with according to
23 law.
24 (c) Badge.--Private policemen when on duty shall wear a
25 metallic shield containing the words "Special officer" and the
26 name of the appointing authority.
27 (d) Weapons.--Policemen so appointed shall not carry a
28 firearm or other weapon either when on duty or off duty unless
29 authorized to do so by other provisions of this title or any
30 other statute.
19800H2499B3277 - 41 -
1 § 3104. Compensation.
2 The compensation of the policemen shall be paid by their
3 appointing authority.
4 § 3105. Termination of appointment.
5 When any appointing authority no longer requires the services
6 of any policeman, it shall file a notice to that effect, under
7 its corporate or other seal, if any, in the office of each
8 recorder of deeds where the oath and commission of the policeman
9 were recorded and with the board. The recorder of deeds shall
10 note this information upon the margin of the record where the
11 commission and oath were recorded.
12 CHAPTER 33
13 RAILROAD AND STREET RAILWAY
14 POLICE
15 Sec.
16 3301. Appointment.
17 3302. Oath of office.
18 3303. Powers and duties.
19 3304. Compensation.
20 3305. Termination of appointment.
21 § 3301. Appointment.
22 A corporation owning or operating a railroad or street
23 passenger railway in this Commonwealth may apply to the
24 Commissioner of the Pennsylvania State Police upon such forms as
25 he shall prescribe for the appointment of specific persons as
26 the applicant may designate to act as railroad or street railway
27 policemen for it. The commissioner after such investigation as
28 he shall deem necessary shall recommend to the Governor the
29 commissioning of such persons as railroad or street railway
30 policemen or advise the applicant of their adverse
19800H2499B3277 - 42 -
1 recommendations and the reasons therefor. The Governor, upon
2 such application and recommendation, may appoint such persons to
3 be railroad or street railway policemen, and shall issue to such
4 persons so appointed a commission to act as such policemen.
5 § 3302. Oath of office.
6 Every railroad or street railway policemen so commissioned
7 shall, before entering upon the duties of his office, take and
8 subscribe the oath required by Article VI of the Constitution of
9 Pennsylvania. The oath and commission issued by the Governor
10 shall be recorded in the office of the Secretary of the
11 Commonwealth, in the county where the registered corporate
12 office or principal place of business is located and a copy
13 filed with the commissioner.
14 § 3303. Powers and duties.
15 (a) General powers.--Railroad and street railway policemen
16 shall severally possess and exercise all the powers of a police
17 officer in this Commonwealth, in and upon, and in the immediate
18 and adjacent vicinity of, the property of the corporate
19 authority or elsewhere within this Commonwealth while engaged in
20 the discharge of his duties.
21 (b) Detention of arrested persons.--The keepers of jails and
22 other places of detention in any county of this Commonwealth
23 shall receive all persons arrested by railroad or street railway
24 policemen for purposes of detention until they are dealt with
25 according to law.
26 (c) Badge.--Railroad and street railway policemen when on
27 duty shall wear a metallic shield containing the words "railroad
28 police" or "railway police" and the name of the authority.
29 § 3304. Compensation.
30 The compensation of railroad or street railway policemen
19800H2499B3277 - 43 -
1 shall be paid by their corporate authority.
2 § 3305. Termination of appointment.
3 When the corporate authority no longer requires the services
4 of any railroad or street railway policemen, it shall file a
5 notice to that effect, under its corporate seal, in the office
6 of the Secretary of the Commonwealth, in the office of the
7 recorder of deeds where the oath and commission were recorded
8 and with the commissioner. The recorder of deeds shall note this
9 information upon the margin of the record where the oath and
10 commission were recorded and thereupon the powers of the
11 policemen shall terminate.
12 Section 3. Repeals.
13 (a) Specific repeals.--The following acts are repealed:
14 Act of February 27, 1865 (P.L.225, No.228), entitled "An act
15 empowering railroad companies to employ police force."
16 Act of April 26, 1870 (P.L.1269, No.1166), entitled "An act
17 to authorize the private patrol and watchmen to be commissioned
18 by the mayor of Philadelphia to perform police duty within
19 prescribed limits in said city."
20 Act of April 9, 1873 (P.L.67, No.45), entitled "An act for
21 the further protection of cemeteries in the state of
22 Pennsylvania."
23 Act of April 26, 1883 (P.L.14, No.13), entitled "An act for
24 the protection of agricultural and horticultural societies."
25 Act of June 26, 1895 (P.L.333, No.248), entitled "An act to
26 authorize occupants of real estate in cities and boroughs of the
27 Commonwealth to employ night watchmen, with the approval of the
28 court of quarter sessions of the proper county or of the
29 Director of the Department of Public Safety in any city having
30 such a department, and conferring upon the night watchmen thus
19800H2499B3277 - 44 -
1 employed, all rights, privileges and powers of constables and
2 policemen duly elected or appointed in such cities or boroughs."
3 Act of June 7, 1901 (P.L.508, No.246), entitled "An act
4 relative to the appointment of police for street passenger
5 railways incorporated under the laws of this Commonwealth."
6 Act of May 25, 1937 (P.L.799, No.221), entitled "An act
7 prohibiting industrial police from carrying weapons when not on
8 duty; requiring them to leave the same at place of employment;
9 and prescribing penalties."
10 Act of August 21, 1953 (P.L.1273, No.361), known as "The
11 Private Detective Act of 1953."
12 Act of October 10, 1974 (P.L.705, No.235), known as the
13 "Lethal Weapons Training Act."
14 (b) General repeal.--All other acts and parts of acts are
15 repealed insofar as they are inconsistent with this act.
16 Section 4. Transition provisions.
17 (a) State Board of Private Detectives and Security
18 Businesses.--The Governor shall appoint the members of the State
19 Board of Private Detectives and Security Businesses within 90
20 days of the effective date of this act and the board shall
21 organize within 30 days after the confirmation of the members.
22 (b) Extension of existing licenses.--Each person,
23 partnership, association or corporation who holds a valid
24 license issued pursuant to the former provisions of the act of
25 August 21, 1953 (P.L.1273, No.361), known as "The Private
26 Detective Act of 1953," but which license will expire within one
27 year of the effective date of this section shall be deemed to
28 have been granted an extension of that license until one year
29 from the effective date of this section.
30 (c) Information concerning existing licenses.--Each person,
19800H2499B3277 - 45 -
1 partnership, association or corporation who holds a valid
2 license issued pursuant to "The Private Detective Act of 1953"
3 on the effective date of this act shall send a copy of the
4 license, or all pertinent information thereon, to the board
5 within 60 days of the effective date of this act.
6 (d) Application for new license.--Each person, partnership,
7 association or corporation who holds a valid license issued
8 pursuant to "The Private Detective Act of 1953" on the effective
9 date of this act and who desires to engage in a business or
10 profession regulated under this act must make application
11 therefor to the board before 90 days of the expiration of that
12 license or before 90 days of the expiration of that license as
13 extended by subsection (b) of this section. If it appears to the
14 board that the person, partnership, association or corporation
15 making application under this subsection does not meet the
16 substantive qualifications of 22 Pa.C.S. § 1323(a) (relating to
17 qualifications for licensure) or 1324 (relating to incompatible
18 employment) the board may nonetheless issue the license upon a
19 public statement of its reasons therefor.
20 (e) Certain applications for license limited to security
21 services.--Any person who prior to the effective date of this
22 act is engaged in providing security services as defined in 22
23 Pa.C.S. § 1102(3) (relating to applicability of part) and has
24 been so engaged in a supervisory capacity for at least five
25 years but does not meet the substantive qualifications of 22
26 Pa.C.S. § 1323(a), may apply to the board for the issuance of a
27 license limited to the services as defined in § 1102(3) and a
28 limited license may be issued in accordance with the provisions
29 of § 1322 (relating to limited licenses).
30 Section 5. Appropriation.
19800H2499B3277 - 46 -
1 The sum of $100,000 or as much thereof as may be necessary,
2 is hereby specifically appropriated to the Department of State
3 for the use of the Bureau of Professional and Occupational
4 Affairs to defray costs and expenses on account of the State
5 Board of Private Detectives and Security Businesses. This sum
6 shall be expended and accounted for in accordance with the act
7 of July 1, 1978 (P.L.700, No.124), known as the "Bureau of
8 Professional and Occupational Affairs Fee Act," and shall be
9 credited against sums subsequently appropriated in accordance
10 with that act.
11 Section 6. Effective date.
12 Chapter 5 of Title 22 (relating to State Board of Private
13 Detectives and Security Businesses) and sections 4(a) and (b)
14 and 5 of this act shall take effect immediately and the
15 remaining provisions shall take effect in six months.
D24L49CVV/19800H2499B3277 - 47 -