PRINTER'S NO. 635

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 567 Session of 1983


        INTRODUCED BY MILLER, MICOZZIE, CIVERA, DeLUCA, McCALL, RIEGER,
           DUFFY, VAN HORNE, LESCOVITZ, MAYERNIK, DAWIDA, GAMBLE, BURD
           AND McVERRY, MARCH 23, 1983

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 23, 1983

                                     AN ACT

     1  Amending the act of August 21, 1953 (P.L.1273, No.361), entitled
     2     "An act to regulate the business of private detectives,
     3     investigators and watch, guard, or patrol agencies, and the
     4     licensing thereof in each county; providing penalties,"
     5     further excluding certain persons from the provisions of the
     6     act.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 15 of the act of August 21, 1953
    10  (P.L.1273, No.361), known as The Private Detective Act of 1953,
    11  is amended to read:
    12     Section 15.  Application of Act.--Nothing in this act shall
    13  apply to any detective officer or man belonging to the
    14  Pennsylvania State Police, or to the police force of any county,
    15  city, borough, township, or incorporated town, or any employe of
    16  such State Police, or such police force, appointed or elected by
    17  due authority of law, while engaged in the performance of their
    18  official duties or, if the bonding requirements of section 6 are
    19  fulfilled, while engaged off-duty in the performance of duties


     1  as set forth in clause 11 of subsection (b) of section 2, nor to
     2  any person, partnership, association, or corporation, or any
     3  bureau or agency, whose business is exclusively the furnishing
     4  of information as to the business and financial standing and
     5  credit responsibility of persons, partnerships, associations, or
     6  corporations, or as to the personal habits and financial
     7  responsibility of applicants for insurance, indemnity bonds, or
     8  commercial credit, or of claimants under insurance policies, and
     9  whose business does not embrace other activities described in
    10  section 2 of this act, nor to any corporation duly authorized by
    11  the Commonwealth to operate a fire alarm protection business,
    12  nor to any person while engaged in the business of adjuster for
    13  an insurance company, nor to any person regularly employed as
    14  special agent, detective or investigator exclusively by one
    15  employer in connection with the affairs of that employer only,
    16  nor to any charitable or philanthropic society or association
    17  duly incorporated under the laws of the Commonwealth and which
    18  is organized and maintained for the public good and not for
    19  private profit, nor shall anything in this act contained be
    20  construed to affect in any way attorneys or counselors at law in
    21  the regular practice of their profession, but such exemption
    22  shall not enure to the benefit of any employe or representative
    23  of such attorney or counselor at law who is not employed solely,
    24  exclusively and regularly by such attorney or counselor at law,
    25  nor to persons in the exclusive employment of common carriers
    26  subject to regulation by the interstate commerce commission or
    27  the Public Utility Commission of the Commonwealth of
    28  Pennsylvania, nor to investigators in the employment of credit
    29  bureaus. [No] Except for the duties set forth in clause (11) of
    30  subsection (b) of section 2, which may be performed by any
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     1  detective officer or a member of the Pennsylvania State Police,
     2  or the police force of any county, city, borough, township, or
     3  incorporated town, or any employe of such State Police, or such
     4  police force, appointed or elected by due authority of law, no
     5  person, partnership, association, corporation, or any bureau or
     6  agency, exempted hereunder from the application of this act,
     7  shall perform any manner of detective service as described in
     8  section 2 hereof for any other person, partnership, association,
     9  corporation, bureau or agency, whether for fee, hire, reward,
    10  other compensation, remuneration, or consideration, or as an
    11  accommodation without fee, reward, or remuneration, or by a
    12  reciprocal arrangement whereby such services are exchanged on
    13  request of parties thereto. The commission of a single act
    14  prohibited by this act shall constitute a violation thereof.
    15     Nothing in this act shall be construed to affect or prohibit
    16  the right of any person to form, or become affiliated with, or
    17  to continue as a member of, any union, association, society, or
    18  organization of his own choosing.
    19     Section 2.  This act shall take effect immediately.








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