PRIOR PRINTER'S NOS. 702, 893 PRINTER'S NO. 1385
No. 633 Session of 1983
INTRODUCED BY KELLEY, GREENLEAF AND STOUT, APRIL 13, 1983
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
OCTOBER 17, 1983
AN ACT
1 Amending Title 22 (Detectives and Private Police) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to detectives and private police; and making
4 repeals.
5 TABLE OF CONTENTS
6 TITLE 22
7 DETECTIVES AND PRIVATE POLICE
8 PART I. GENERAL PROVISIONS
9 Chapter 1. Preliminary Provisions
10 § 101. Definitions.
11 Chapter 3. Lethal Weapons Training
12 § 301. Short title of chapter.
13 § 302. Education and training program.
14 § 303. Powers and duties of commissioner.
15 § 304. Enrollment in program.
16 § 305. Certification.
17 § 306. Notice of discharge for cause.
18 § 307. Revocation of certificate.
1 § 308. Limitation on type of firearms.
2 § 309. Disposition of fees and other moneys.
3 § 310. Penalties.
4 Chapter 5. State Board of Private Detectives and Security
5 Businesses
6 § 501. Creation of board.
7 § 502. Organization of board.
8 § 503. Powers and duties of board.
9 § 504. Proceedings of board.
10 § 505. Board to keep records.
11 PART II. PRIVATE DETECTIVE AND SECURITY BUSINESS
12 Chapter 11. General Provisions
13 § 1101. Short title of part.
14 § 1102. Applicability of part.
15 § 1103. Inapplicability of part.
16 § 1104. Preemption of local regulation.
17 Chapter 13. Licenses and Registrations
18 Subchapter A. Private Detective and Security Business
19 § 1301. License required.
20 § 1302. Application for license.
21 § 1303. Managing agent required for each office.
22 § 1304. Investigation of applicant.
23 § 1305. License.
24 § 1306. Transfer of license to another location.
25 § 1307. Renewal of license.
26 Subchapter B. Private Detectives and Other Security Agents
27 § 1321. License or registration required.
28 § 1322. Limited licenses.
29 § 1323. Qualifications for licensure.
30 § 1324. Incompatible employment.
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1 § 1325. Application for license.
2 § 1326. License.
3 § 1327. Renewal of license.
4 Subchapter C. Employees of Private Detectives and Security
5 Business and Privately Employed Security
6 Guards
7 § 1341. Responsibility for employees.
8 § 1342. Registration of private detective associates.
9 § 1343. Registration of security guards and alarm associates. <--
10 § 1344. Duties of licensee and certain other employers.
11 Chapter 15. Identification Documents, Uniforms and Equipment
12 § 1501. Private detective and alarm agent identification card. <--
13 § 1502. Associate and security guard identification card.
14 § 1503. Responsibility for identification documents.
15 § 1504. Uniforms and equipment.
16 Chapter 17. Enforcement
17 Subchapter A. General Provisions
18 § 1701. Enforcement and investigations.
19 § 1702. Administrative disciplinary proceedings.
20 § 1703. Prosecutions.
21 § 1704. Injunction against unlawful practice.
22 § 1705. Subpoenas.
23 Subchapter B. Violations and Penalties
24 § 1711. Unfair labor practices.
25 § 1712. Contingent or percentage fees.
26 § 1713. Unlicensed activities.
27 § 1714. False representations.
28 § 1715. Privileged information and false reports.
29 PART III. PRIVATE POLICE
30 Chapter 31. Private Police
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1 § 3101. Appointment.
2 § 3102. Oath of office.
3 § 3103. Powers.
4 § 3104. Compensation.
5 § 3105. Termination of appointment.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Chapters 1, 3 and 5 of Title 22 of the
9 Pennsylvania Consolidated Statutes are repealed.
10 Section 2. Title 22 is amended by adding parts to read:
11 TITLE 22
12 DETECTIVES AND PRIVATE POLICE
13 Part
14 I. General Provisions
15 II. Private Detective and Security Business
16 III. Private Police
17 PART I
18 GENERAL PROVISIONS
19 Chapter
20 1. Preliminary Provisions
21 3. Lethal Weapons Training
22 5. State Board of Private Detectives and Security Businesses
23 CHAPTER 1
24 PRELIMINARY PROVISIONS
25 Sec.
26 101. Definitions.
27 § 101. Definitions.
28 Subject to additional definitions contained in subsequent
29 provisions of this title which are applicable to specific
30 provisions of this title, the following words and phrases when
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1 used in this title shall have, unless the context clearly
2 indicates otherwise, the meanings given to them in this section:
3 "Alarm agent." An individual who holds an alarm agent <--
4 license under section 1323(a)(2) (relating to qualifications for
5 licensure).
6 "Alarm associate." An employee of an alarm business
7 registered pursuant to the provisions of Subchapter C of Chapter
8 13 (relating to employees of private detectives and security
9 business and privately employed security guards) or who has
10 applied for registration and has been issued a temporary
11 registration which has not expired.
12 "Alarm business." Any individual, partnership, association,
13 corporation or other entity engaged in the provision of alarm
14 services as defined in sections 1102(2) (relating to
15 applicability of part) and 1103(5) (relating to inapplicability
16 of part) and holding an alarm business license under the
17 provisions of Subchapter A of Chapter 13 (relating to private
18 detective and security business).
19 "Board." The State Board of Private Detectives and Security
20 Businesses.
21 "Business license." A license to engage in the private
22 detective and security business issued pursuant to the
23 provisions of Subchapter A of Chapter 13.
24 "Commissioner." The Commissioner of the Pennsylvania State
25 Police or the deputy commissioner duly authorized by the
26 commissioner to perform the duties and exercise the powers
27 granted to the commissioner under this title.
28 "FULL-TIME POLICE OFFICER." ANY EMPLOYEE OF A CITY, BOROUGH, <--
29 INCORPORATED TOWN, TOWNSHIP OR COUNTY POLICE DEPARTMENT ASSIGNED
30 TO LAW ENFORCEMENT DUTIES WHO WORKS A MINIMUM OF 200 DAYS PER
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1 YEAR. THE TERM DOES NOT INCLUDE PERSONS EMPLOYED TO CHECK
2 PARKING METERS OR TO PERFORM ONLY ADMINISTRATIVE DUTIES, NOR
3 DOES IT INCLUDE AUXILIARY AND FIRE POLICE.
4 "Lethal weapon." A firearm, concealed billy club and any
5 other weapon calculated to produce death or serious bodily harm.
6 The term does not include chemical mace or any similar
7 substance.
8 "Private detective." The holder of a private detective
9 license issued pursuant to the provisions of Subchapter B of
10 Chapter 13 (relating to private detectives and other security
11 agents).
12 "Private detective associate." An employee of a private
13 detective business registered pursuant to the provisions of
14 Subchapter C of Chapter 13 or who has applied for registration
15 and has been issued a temporary registration which has not
16 expired.
17 "Private policeman" or "policeman." An individual
18 commissioned under Chapter 31 (relating to private police) to
19 act as a private policeman.
20 "Security business." Any individual, partnership,
21 association, corporation or other entity engaged in the
22 provision of alarm services or security services as defined in
23 sections 1102(2) and (3) (relating to applicability of part),
24 and 1103 (relating to inapplicability of part) and holding a
25 license under the provisions of Subchapter A of Chapter 13.
26 CHAPTER 3
27 LETHAL WEAPONS TRAINING
28 Sec.
29 301. Short title of chapter.
30 302. Education and training program.
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1 303. Powers and duties of commissioner.
2 304. Enrollment in program.
3 305. Certification.
4 306. Notice of discharge for cause.
5 307. Revocation of certificate.
6 308. Limitation on type of firearms.
7 309. Disposition of fees and other moneys.
8 310. Penalties.
9 § 301. Short title of chapter.
10 This chapter shall be known and may be cited as the Lethal
11 Weapons Training Act.
12 § 302. Education and training program.
13 (a) Establishment.--An education and training program in the
14 handling of lethal weapons, law enforcement and protection of
15 rights of citizens shall be established and administered or
16 approved by the commissioner in accordance with the provisions
17 of this chapter.
18 (b) Attendance.--A private detective, private detective
19 associate, security guard, POLICE OFFICER EMPLOYED BY A <--
20 MUNICIPAL AUTHORITY and any other person who is required to be
21 licensed or registered under this title or who is employed as a
22 private policeman by a nonprofit organization or entity and
23 commissioned under the provisions of Chapter 31 (relating to
24 private police) and who, as an incidence to his employment,
25 carries a lethal weapon shall be required to attend the program
26 established by subsection (a) in accordance with the
27 requirements or regulations established by the commissioner and,
28 upon satisfactory completion of the program, shall be entitled
29 to certification by the commissioner. This subsection shall not
30 require attendance for guards and watchmen who fulfill the
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1 requirements of the appropriate Federal agency for the
2 performance of security guard duties in connection with the
3 construction and operation of a commercial utilization or
4 production facility under the authority of the Federal Atomic
5 Energy Act of 1954.
6 (c) Limitation on employer participation in program
7 administration.--Except for colleges and universities, no
8 nongovernment employer of a person who incident to his
9 employment carries a lethal weapon shall own, operate or
10 otherwise participate in, directly or indirectly, the
11 establishment or administration of the program.
12 § 303. Powers and duties of commissioner.
13 The commissioner shall have the power and duty to:
14 (1) Implement and administer or approve the minimum
15 courses of study and training for the program in the handling
16 of lethal weapons, law enforcement and protection of the
17 rights of citizens. He may appoint such employees, promulgate
18 such rules and regulations and prescribe such forms as may be
19 necessary for this purpose.
20 (2) Implement and administer or approve physical and
21 psychological testing and screening of the candidate for the
22 purpose of barring from the program those not physically or
23 mentally fit to handle lethal weapons. HOWEVER, CANDIDATES <--
24 WHO ARE FULL-TIME POLICE OFFICERS AND HAVE SUCCESSFULLY
25 COMPLETED A PHYSICAL AND PSYCHOLOGICAL EXAMINATION AS A
26 PREREQUISITE TO EMPLOYMENT OR TO CONTINUED EMPLOYMENT BY
27 THEIR LOCAL POLICE DEPARTMENTS OR WHO HAVE BEEN CONTINUOUSLY
28 EMPLOYED AS FULL-TIME POLICE OFFICERS SINCE JUNE 18, 1974
29 SHALL NOT BE REQUIRED TO UNDERGO ANY PHYSICAL OR
30 PSYCHOLOGICAL TESTING AND SCREENING PROCEDURES SO
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1 IMPLEMENTED.
2 (3) Issue certificates to schools approved by the
3 commissioner and withdraw certificates from those schools
4 disapproved by the commissioner.
5 (4) Certify instructors pursuant to the minimum
6 qualifications established by the commissioner.
7 (5) Consult and cooperate with universities, colleges,
8 community colleges and institutes for the development of
9 specialized courses in handling lethal weapons, law
10 enforcement and protection of the rights of citizens.
11 (6) Consult and cooperate with Commonwealth agencies and
12 agencies of other states and the Federal Government concerned
13 with similar training.
14 (7) Certify those individuals who have satisfactorily
15 completed basic education and training requirements as
16 established by the commissioner and issue appropriate
17 certificates.
18 (8) Visit and inspect approved schools annually.
19 (9) Collect reasonable charges from the students
20 enrolled therein to pay for the costs of the program.
21 (10) Grant waivers from compliance with the provisions
22 of this chapter to persons who have satisfactorily completed
23 a course of instruction in a training program approved by the
24 commissioner.
25 (11) Perform all other duties as may be reasonably
26 necessary or appropriate to implement this chapter.
27 § 304. Enrollment in program.
28 (a) Application.--Any person desiring to enroll in the
29 program shall file an application with the commissioner.
30 (b) Information required.--The application shall be signed
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1 and verified by the applicant. It shall include his full name,
2 age, residence, present and previous occupations and such other
3 information that may be required by the commissioner to show the
4 good character, competency and integrity of the applicant.
5 (c) Fingerprints, photograph and fee.--The application shall
6 be personally presented by the applicant at an office of the
7 Pennsylvania State Police where his fingerprints shall be
8 affixed thereto. The application, together with two current
9 photographs of the applicant and an THE REQUIRED application fee <--
10 of $35, shall be forwarded to the commissioner. NO APPLICATION <--
11 FEE SHALL BE REQUIRED OF AN APPLICANT WHO IS A FULL-TIME POLICE
12 OFFICER.
13 (d) Investigation.--The fingerprints of the applicant shall
14 be examined by the Pennsylvania State Police and, UNLESS WAIVED <--
15 BY THE COMMISSIONER, the Federal Bureau of Investigation to
16 determine if he has been convicted of a felony or a violation of
17 any provision of law listed in section 1323(b) (relating to
18 qualifications for licensure). ANY FEE CHARGED BY THE FEDERAL <--
19 BUREAU OF INVESTIGATION SHALL BE PAID BY THE APPLICANT.
20 (e) Age.--No application shall be accepted if the applicant
21 is under the age of 18 years.
22 (f) Authorization.--After the application has been processed
23 and it is determined that the applicant has not been convicted
24 of crimes under subsection (d) and has otherwise satisfied the
25 requirements of this section, the commissioner shall authorize
26 the applicant to enroll in an approved program.
27 § 305. Certification.
28 (a) General rule.--Upon receipt of a fee of $15 THE REQUIRED <--
29 FEE, the commissioner shall furnish to each person
30 satisfactorily completing the program an appropriate certificate
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1 which shall include his photograph.
2 (b) Possession of certificate.--The certificate shall be
3 carried on the person as identification during all times when on
4 duty or going to and from duty and carrying a lethal weapon.
5 (c) Duration.--Certification shall be for a period of five
6 years and the renewal fee shall be $15. Additional training as a <--
7 condition of renewal shall be required by the commissioner at
8 intervals of not less than five years, unless the commissioner
9 is aware of information which would require specific training
10 prior to renewal. The commissioner shall prescribe the manner in
11 which the certification shall be renewed.
12 (D) RETIRED POLICE OFFICERS.--A NONDISABILITY RETIRED POLICE <--
13 OFFICER OF A PENNSYLVANIA MUNICIPALITY OR THE PENNSYLVANIA STATE
14 POLICE SHALL BE INITIALLY CERTIFIED UNDER THIS ACT AND NEED NOT
15 MEET THE TRAINING QUALIFICATION STANDARDS OR PHYSICAL AND
16 PSYCHOLOGICAL QUALIFICATIONS HEREUNDER, IF HE WAS A FULL-TIME
17 POLICE OFFICER FOR AT LEAST 20 YEARS, RETIRED IN GOOD STANDING
18 AND HAS ASSUMED THE DUTIES DESCRIBED IN CHAPTER 11 (RELATING TO
19 GENERAL PROVISIONS) ON OR BEFORE THREE YEARS FROM THE DATE OF
20 HIS RETIREMENT. IF A RETIRED POLICE OFFICER COMMENCES HIS DUTIES
21 AS A PRIVATELY EMPLOYED AGENT AFTER THREE YEARS FROM THE DATE OF
22 HIS RETIREMENT, HE MUST MEET THE PHYSICAL AND PSYCHOLOGICAL
23 REQUIREMENTS OF THIS TITLE FOR CERTIFICATION UNDER THIS
24 SUBSECTION. A RETIRED POLICE OFFICER INITIALLY CERTIFIED UNDER
25 THIS SUBSECTION SHALL NOT BE REQUIRED TO PAY THE APPLICATION FEE
26 BUT SHALL PAY THE CERTIFICATION FEE UPON THE SUBMISSION OF A
27 COMPLETED APPLICATION PROVIDED BY THE COMMISSIONER.
28 § 306. Notice of discharge for cause.
29 Whenever an employer discharges a certified individual
30 subject to the provisions of this chapter for cause, the
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1 employer shall immediately notify the commissioner of the
2 discharge.
3 § 307. Revocation of certificate.
4 The commissioner may revoke or refuse to renew any
5 certificate issued under this chapter whenever he learns that
6 false, fraudulent or misstated information appears on the
7 original or renewal application or whenever he learns of a
8 change of circumstances that would render an employee ineligible
9 for certification.
10 § 308. Limitation on type of firearms.
11 No individual certified under this chapter shall carry an
12 inoperative or model firearm while employed and he shall carry
13 only a powder actuated firearm approved by the commissioner. Any
14 violation of this section shall be grounds for the commissioner
15 to revoke the certification.
16 § 309. Disposition of fees and other moneys.
17 All fees and other moneys derived from the operations of this
18 chapter shall be paid into the General Fund.
19 § 310. Penalties.
20 (a) Uncertified persons.--Any person required to obtain a
21 certificate under this chapter who, in the course of his
22 employment, carries a lethal weapon and who fails to comply with
23 section 302(b) (relating to education and training program) or
24 has not obtained a certificate commits a misdemeanor of the
25 third degree.
26 (b) Failure to carry certificate.--Any person who, in the
27 course of his employment, carries a lethal weapon and who
28 violates section 305(b) (relating to certification) commits a
29 summary offense.
30 CHAPTER 5
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1 STATE BOARD OF PRIVATE DETECTIVES
2 AND SECURITY BUSINESSES
3 Sec.
4 501. Creation of board.
5 502. Organization of board.
6 503. Powers and duties of board.
7 504. Proceedings of board.
8 505. Board to keep records.
9 § 501. Creation of board.
10 (a) General rule.--There is hereby created a departmental
11 administrative board in the Department of State to be known as
12 the State Board of Private Detectives and Security Businesses.
13 (b) Applicability of certain laws.--The provisions of the
14 act of April 9, 1929 (P.L.177, No.175), known as The
15 Administrative Code of 1929, generally applicable to
16 professional and occupational boards in the Department of State
17 shall likewise be applicable to the State Board of Private
18 Detectives and Security Businesses. Fees set by Part II
19 (relating to private detective and security business) or
20 otherwise set by regulations shall be collected, credited,
21 allocated and generally administered in accordance with the act
22 of July 1, 1978 (P.L.700, No.124), known as the Bureau of
23 Professional and Occupational Affairs Fee Act.
24 § 502. Organization of board.
25 (a) Composition.--The State Board of Private Detectives and
26 Security Businesses shall consist of the Commissioner of
27 Professional and Occupational Affairs, two persons who shall be
28 members representing the public at large, and four licensees (at
29 least one of whom is engaged in investigation, at least one of
30 whom is engaged in security and at least one of whom is engaged
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1 in alarm services) and one person who represents an employer
2 (other than a licensee) of security guards registered under this
3 title. Members shall be appointed by the Governor with the
4 advice and consent of a majority of the members elected to the
5 Senate and shall serve terms of six years, except that the first
6 appointed members shall serve staggered terms of two, four and
7 six years as determined by the Governor. Vacancies occurring by
8 death or resignation shall be filled by the Governor for the
9 unexpired term.
10 (b) Quorum and meetings.--Four members shall constitute a
11 quorum. The board shall select from their number a chairman and
12 shall select a secretary who need not be a member of the board.
13 There shall be two stated meetings of the board each year at a
14 place within this Commonwealth as determined by the board for
15 the transaction of its business but the board may hold other
16 meetings at its discretion and by vote of the majority upon due
17 notice thereof to all members of the board. The board need not
18 meet in person to take official action but may conduct official
19 or unofficial business by telephone or by writing provided it
20 otherwise complies with the act of July 19, 1974 (P.L.486,
21 No.175), referred to as the Public Agency Open Meeting Law.
22 (c) Compensation and expenses.--Each member of the board,
23 other than the Commissioner of Professional and Occupational
24 Affairs, shall receive actual traveling, hotel, food and other
25 necessary expenses incurred while engaged in the discharge of
26 official duties as well as per diem allowance of $30. The
27 secretary shall receive reasonable compensation as the board
28 shall determine with the approval of the Commissioner of
29 Professional and Occupational Affairs.
30 § 503. Powers and duties of board.
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1 The board shall have the power and duty to:
2 (1) Receive, investigate, develop and administer
3 examinations, approve or disapprove applications for and
4 renewals of licenses and registrations required by Part II
5 (relating to private detective and security business). The
6 board may establish reasonable examination fees.
7 (2) Conduct all other business reasonably related to the
8 license and registration function of the board.
9 (3) Revoke, suspend or reinstate licenses and
10 registrations (including the power to revoke or suspend
11 licenses and registrations for nonpayment of fees).
12 (4) Receive and act upon complaints.
13 (5) Compel attendance of witnesses and the production of
14 books or records.
15 (6) Issue orders, or modifications thereof, as may be
16 necessary in connection with proceedings under this chapter
17 and Part II.
18 (7) Conduct comprehensive studies and investigations as
19 it deems proper and pertinent to the licensing and
20 registration function of the board.
21 (8) Adopt rules and regulations of professional conduct
22 appropriate to establish and maintain a high standard of
23 integrity, skills and practice in the professions licensed or
24 registered under Part II.
25 (9) Formulate, adopt, promulgate and repeal such rules
26 and regulations as are deemed necessary to implement the
27 provisions of this chapter and Part II.
28 § 504. Proceedings of board.
29 In proceedings of the board relating to the license and
30 registration powers and duties, the board shall not be bound by
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1 the strict rules of evidence in the conduct of its proceedings
2 but any determinations made shall be found upon sufficient legal
3 evidence to sustain them. The burden of meeting the
4 qualifications for licensing or registration shall be on the
5 applicant. A district attorney who has filed objections shall be
6 considered a party for the purposes of appeal. The right of
7 appeal from decisions of the board shall be in accordance with
8 law.
9 § 505. Board to keep records.
10 (a) General rule.--The board shall keep records of its
11 proceedings, especially with relation to the issuance, denial,
12 registration, suspension and revocation of licenses and
13 registrations. All licenses and registrations issued by the
14 board shall be numbered and recorded by the secretary and a file
15 kept for that purpose and such file or record shall be open to
16 public inspection. In all actions or proceedings in any court a
17 transcript of any record or any part thereof, which is certified
18 to be a true copy by the secretary, shall be entitled to
19 admission in evidence.
20 (b) Roster of licensees and registrants.--The board shall
21 maintain a current roster of the names and addresses of all
22 business licensees, private detective licensees, registered
23 private detective associates and registered security guard. The
24 roster shall be open to public inspection.
25 PART II
26 PRIVATE DETECTIVE AND SECURITY BUSINESS
27 Chapter
28 11. General Provisions
29 13. Licenses and Registrations
30 15. Identification Documents, Uniforms and Equipment
19830S0633B1385 - 16 -
1 17. Enforcement
2 CHAPTER 11
3 GENERAL PROVISIONS
4 Sec.
5 1101. Short title of part.
6 1102. Applicability of part.
7 1103. Inapplicability of part.
8 1104. Preemption of local regulation.
9 § 1101. Short title of part.
10 This part shall be known and may be cited as the Private
11 Detective and Security Business Act.
12 § 1102. Applicability of part.
13 This part applies to the private detective and security
14 business which shall include the business of investigator,
15 detective agency and watch, guard or patrol agency and mean,
16 separately or collectively, investigating for hire, reward or
17 any consideration whatsoever and notwithstanding that other
18 functions and services may also be performed for hire or reward,
19 to obtain information or perform services with reference to any
20 of the following matters:
21 (1) Investigative and related services.--
22 (i) Crime or wrongs done or threatened against the
23 government of the United States of America or any state.
24 (ii) The identity, habits, conduct, movements,
25 whereabouts, affiliations, associations, transactions,
26 reputation or character of any person, group of persons,
27 association, organization, society, partnership or
28 corporation.
29 (iii) The credibility of witnesses or other persons.
30 (iv) The whereabouts of missing persons.
19830S0633B1385 - 17 -
1 (v) The location or recovery of lost or stolen
2 property.
3 (vi) The causes and origin of, or responsibility
4 for, fires, libels, losses, accidents or damage or
5 injuries to real or personal property.
6 (vii) The affiliation, connection or relation of any
7 person, partnership or corporation with any union,
8 organization, society or association, or any official
9 member or representative thereof.
10 (viii) Persons seeking employment in the place of
11 any person or persons who have quit work by reason of any
12 strike.
13 (ix) The conduct, honesty, efficiency, loyalty or
14 activities of employees, agents, contractors and
15 subcontractors, including the providing of detection of
16 deception services.
17 (x) The securing of evidence to be used before any
18 authorized investigating committee, board of award or
19 board of arbitration or in the trial of civil or criminal
20 cases.
21 (2) Alarm services.--The selling on premises,
22 installation, maintenance, repair, replacement or servicing
23 of alarm systems in this Commonwealth by which the equipment
24 detects and signals the presence of an unauthorized intrusion
25 or hazard requiring urgent attention or transmits a signal to
26 a central station, law enforcement agency or fire department;
27 or the furnishing of monitoring or responding services in
28 connection with any alarm signaling devices in this
29 Commonwealth.
30 (3) Security services.--Watchmen, guards, private
19830S0633B1385 - 18 -
1 patrolmen or other persons to protect persons or property or
2 to prevent the theft or the unlawful taking of goods, wares
3 and merchandise, or to prevent the misappropriation or
4 concealment of goods, wares or merchandise, money, bonds,
5 stocks, choses in action, notes or other valuable documents,
6 papers and articles of value or to transport such goods or
7 procure the return thereof or the performing of such
8 services.
9 § 1103. Inapplicability of part.
10 This part does not apply to:
11 (1) A detective, officer or employee of the Pennsylvania
12 State Police or a police force of any municipality while
13 engaged in the performance of his official duties but this
14 exclusion does not apply if the police force is furnishing
15 the functions or services for hire or reward or is being
16 reimbursed for its costs by any private person.
17 (2) A person whose business is exclusively the
18 furnishing of information as to the business and financial
19 standing and credit responsibility of any person.
20 (3) A person exclusively and regularly employed as a
21 special agent, investigator or adjuster by one employer in
22 connection with the affairs of that employer only.
23 (4) A charitable or philanthropic society or association
24 duly incorporated under the Laws of this Commonwealth and
25 which is organized and maintained for the public good and not
26 for profit.
27 (5) Alarm companies which only manufacture alarm
28 equipment or sell alarm equipment from their place of
29 business and do not sell, install, service, maintain, monitor
30 or respond to alarm equipment at the protected premises or
19830S0633B1385 - 19 -
1 the premises to be protected.
2 (6) Investigators or adjusters for insurance companies.
3 (7) An employer not in the security service business
4 that employs persons to provide security services solely in
5 or upon property owned or leased by the employer.
6 (8) A person employed by one employer to provide
7 security services solely in or upon property owned or leased
8 by the employer, to include security services which relate to
9 the safety of the employees.
10 § 1104. Preemption of local regulation.
11 It is the intent of the General Assembly to enact a
12 comprehensive licensing and registration system for the private
13 investigating and security business and thereby preempt this
14 field. All municipal and county ordinances inconsistent with
15 this part or imposing additional duties, fees, charges, fines or
16 different standards on any licensee or individual subject to
17 this part shall be invalid.
18 CHAPTER 13
19 LICENSES AND REGISTRATIONS
20 Subchapter
21 A. Private Detective and Security Business
22 B. Private Detectives and Other Security Agents
23 C. Employees of Private Detectives and Security Business and
24 Privately Employed Security Guards
25 SUBCHAPTER A
26 PRIVATE DETECTIVE AND SECURITY BUSINESS
27 Sec.
28 1301. License required.
29 1302. Application for license.
30 1303. Managing agent required for each office.
19830S0633B1385 - 20 -
1 1304. Investigation of applicant.
2 1305. License.
3 1306. Transfer of license to another location.
4 1307. Renewal of license.
5 § 1301. License required.
6 No person shall engage in the private detective or security
7 business or advertise his or its business to be a private
8 detective business or security business, notwithstanding the
9 name or title used in describing the business, without having
10 first obtained a business license. A separate license shall be
11 obtained for each location at which an office, branch office,
12 bureau, agency or subagency is maintained for the conduct of the
13 private detective or security business.
14 § 1302. Application for license.
15 (a) General rule.--Any person intending to conduct a private
16 detective business or other security business shall file with
17 the board a signed and verified application. If the applicant is
18 a partnership, association or corporation, the application shall
19 contain the information required in this section for, and shall
20 be signed and verified by, each individual composing the
21 partnership or association or each principal officer and, unless
22 the stock of the corporation or its ultimate parent corporation
23 is listed on a National Securities Exchange or registered under
24 section 12 of the Federal Securities and Exchange Act of 1934,
25 each shareholder owning more than 5% of the shares of the
26 corporation. The application shall set forth his full name, age,
27 residence, present and previous occupations, the address of the
28 principal place of business and the office, branch office,
29 bureau, agency, subagency for which the business license is
30 desired, and such further information as may be required by the
19830S0633B1385 - 21 -
1 board to show the good character, competency and integrity of
2 the individual. The application shall also contain two
3 photographs and the fingerprints of the two hands of each
4 applicant. The managing agent of the applicant for each location
5 of its offices shall be identified and a copy of his private
6 detective or alarm agent license, or application for license,
7 shall be included.
8 (b) References.--Each individual or partnership who is an
9 applicant shall be recommended by not less than five reputable
10 citizens of the community in which he resides or for which the
11 business license is desired, who shall certify under oath that
12 he has personally known the individual for a period of at least
13 five years prior to the filing of the application, that he has
14 read the application and believes each of the statements made
15 therein to be true, that the person is honest, of good character
16 and competent and not related or connected to him by blood or
17 marriage.
18 (c) Additional information for corporation.--In the case of
19 a corporation, the application shall include its name, date and
20 place of incorporation, the amount of its outstanding paid-up
21 capital stock and whether paid in cash or property and, if in
22 property, the nature of the property, and the names of not less
23 than three credit references. In addition, the corporate
24 applicant shall supply a certified copy of the certificate of
25 incorporation.
26 (d) Death, etc. of member or officer.--Notice of the death,
27 resignation, withdrawal or removal of the managing agent, member
28 of a partnership or association, or any principal officer or
29 shareholder required to sign the application shall forthwith be
30 given in writing to the board and a successor agent, member,
19830S0633B1385 - 22 -
1 officer or shareholder shall file with the board the appropriate
2 information or application.
3 (e) Branch offices of licensee.--An application by a
4 business licensee for a branch license may incorporate the
5 information previously furnished to the board by reference and
6 shall contain only additional information necessary to conduct
7 the review required by this subchapter.
8 § 1303. Managing agent required for each office.
9 (a) Private detective.--No private detective NO business <--
10 license shall be issued unless the applicant or the managing
11 agent possesses a private detective license and certifies that
12 he will engage full time in the private detective business at
13 the location for which the license is requested.
14 (b) Alarm business.--No alarm business license shall be <--
15 issued unless, either:
16 (1) the individual applicant or at least one individual
17 who is an owner, officer, partner or full-time employee of
18 the applicant possesses an alarm agent license and certifies
19 that he will engage full time in the provision of alarm
20 services at the location for which the license is requested;
21 or
22 (2) the applicant is engaged in the provision of alarm
23 services as of the effective date of this part and the
24 individual applicant or at least one individual who is an
25 owner, officer, partner or full-time employee of the
26 applicant meets the examination requirements of section
27 1323(a)(3) (relating to qualifications for licensure) and
28 certifies that he will engage full time in the provision of
29 alarm services at the location for which the license is
30 requested.
19830S0633B1385 - 23 -
1 (c) Notification of board.--In the event that the individual
2 whom the applicant relies upon to comply with subsection (b)
3 shall for any reason cease to perform his duties on a regular
4 basis, the business licensee shall promptly notify the board by
5 certified or registered mail and shall make every effort to
6 obtain as promptly as possible a substitute eligible individual.
7 If the business licensee fails to obtain the substitute eligible
8 individual within six months from and after the disqualification
9 of the licensee, the board may revoke the business license or,
10 for good cause shown, may extend for a reasonable time the
11 period for obtaining a substitute qualifying individual or the
12 board may determine, based upon the experience and performance
13 of the licensee, that the licensee need not obtain the
14 substitute qualifying individual.
15 § 1304. Investigation of applicant.
16 The board shall refer the application to the district
17 attorney of the county where the office or branch office,
18 bureau, agency or subagency will be located. Upon receipt of the
19 application the district attorney shall direct an appropriate
20 investigation of the applicant and shall, within 30 days of
21 receipt of the application, forward to the board a complete
22 written report of the investigative findings and a
23 recommendation as to the disposition of the application. The
24 board shall also obtain through the State Police or otherwise
25 criminal history records, fingerprint comparative information
26 and such other information as it requires.
27 § 1305. License.
28 (a) Issuance.--If after investigation the board is satisfied
29 of the good character, competency and integrity of the applicant
30 and a period of 45 days from the date of the filing of the
19830S0633B1385 - 24 -
1 application has elapsed, the board shall issue and deliver to
2 the applicant a business license for the premises stated in the
3 application. In the event verified objections to the issuance of
4 a license are filed with the board, he shall hold a public
5 hearing with notice to all interested parties prior to issuing
6 or refusing to issue the license.
7 (b) Fee and liability insurance.--Prior to the issuance of a
8 business license, the applicant shall pay to the Commonwealth
9 for each license a fee of $250, and shall file with the board
10 evidence that it has in force a general liability insurance
11 policy in an amount insuring against claims of not less than
12 $300,000 in the case of personal injuries and $100,000 in the
13 case of property damage written by an insurance company
14 authorized to do business in this Commonwealth. Each policy
15 shall contain an endorsement that the policy will not be
16 cancelled or modified without notification to the board.
17 (c) Form.--The business license shall be in a form
18 prescribed by the board and shall specify the full name of the
19 applicant, the location of the principal office and the office,
20 branch office, bureau, agency or subagency for which the license
21 is issued, the date on which it is issued, the date on which it
22 will expire and the name and residence of each licensed private
23 detective or alarm agent employed by it at that location.
24 (d) Posting.--The business license shall be at all times
25 displayed in a conspicuous place in the office for which it is
26 issued.
27 (e) Advertisement.--Every advertisement by a business
28 licensee soliciting or advertising business shall contain the
29 licensee's name and license number as they appear in the records
30 of the board.
19830S0633B1385 - 25 -
1 (f) Revocation.--The business license shall be revocable at
2 any time by the board for cause shown. Every license shall be
3 surrendered to the board within 72 hours after its term has
4 expired or after notice in writing to the holder that the
5 license has been revoked. Any licensee failing to comply with
6 any of the provisions of this section commits a misdemeanor of
7 the third degree. Such failure shall be sufficient cause for the
8 revocation of a license.
9 § 1306. Transfer of license to another location.
10 If a business licensee desires to transfer the license to a
11 place other than that described in it, he shall prior thereto
12 apply to the board for leave to transfer the license. The
13 application for transfer shall describe the premises to which
14 the transfer will be made and the date of transfer. The board
15 shall cause an appropriate investigation to be made and, if he
16 is satisfied, authorize the transfer.
17 § 1307. Renewal of license.
18 A business license shall be renewed biennially by the board
19 upon application at such time prior to expiration and in such
20 form as the board may prescribe and payment of a biennial fee of
21 $200 and the filing of evidence of insurance as required for the
22 original license. The license shall be renewed without further
23 investigation unless the applicant no longer qualifies for the
24 license or verified objections to the renewal are received by
25 the board prior to issuance. If the board has received
26 information relevant to the renewal, he shall hold a public
27 hearing as provided for in the case of an original application.
28 SUBCHAPTER B
29 PRIVATE DETECTIVES AND OTHER SECURITY AGENTS
30 Sec.
19830S0633B1385 - 26 -
1 1321. License or registration required.
2 1322. Limited licenses.
3 1323. Qualifications for licensure.
4 1324. Incompatible employment.
5 1325. Application for license.
6 1326. License.
7 1327. Renewal of license.
8 § 1321. License or registration required.
9 No person shall perform any of the functions and services set
10 forth in section 1102 (relating to applicability of part)
11 without having obtained from the board a private detective or <--
12 security business license or having registered as an associate
13 or as a security guard under Subchapter C (relating to employees
14 of private detectives and security business and privately
15 employed security guards).
16 § 1322. Limited licenses.
17 (a) General rule.--Notwithstanding the prohibition contained
18 in section 1321 (relating to license or registration required),
19 a person, partnership, association or corporation may perform
20 polygraph AND ALARM services defined in section 1102(1)(ix) OR <--
21 (2) (relating to applicability of part) providing he or it
22 applies to the board for a limited license. This limited license
23 may be granted by the board notwithstanding that the applicant
24 does not meet the experience qualifications of section
25 1323(a)(1) or (2) (relating to qualifications for licensure) <--
26 provided that the applicant meets all other requirements of this
27 title relating to standards of criminal disqualification,
28 incompatible employment, character fitness, personal references,
29 age or other qualifications set by the board.
30 (b) Defining types of licensees.--The board may define those
19830S0633B1385 - 27 -
1 persons to be licensed under this section as "ALARM AGENT," <--
2 "ALARM BUSINESS" OR "polygraph operator," but the definition
3 shall be substantially as follows:
4 "ALARM AGENT." ANY INDIVIDUAL EMPLOYED WITHIN THIS <--
5 COMMONWEALTH BY AN ALARM BUSINESS FOR THE PURPOSE OF PROVIDING
6 INSTALLATION, SERVICE OR MONITORING OF ALARM SYSTEMS.
7 "ALARM BUSINESS." ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION,
8 CORPORATION OR OTHER ENTITY ENGAGED IN THE SALE, LEASING,
9 INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT OR SERVICING OF
10 ALARM SYSTEMS AS DEFINED IN SECTION 1102(2) (RELATING TO
11 APPLICABILITY OF PART); OR THE FURNISHING OF MONITORING OR
12 RESPONDING SERVICES IN CONNECTION WITH ANY ALARM SIGNALING
13 DEVICES. THE TERM DOES NOT INCLUDE ANY COMPANY DESCRIBED IN
14 SECTION 1103(5) (RELATING TO INAPPLICABILITY OF PART) OR ANY
15 ENTITY ON WHOSE PREMISES IS INSTALLED AN ALARM SYSTEM SOUNDING
16 OR RECORDING ALARM AND SUPERVISORY SIGNALS AT A CONTROL CENTER
17 ON THE PROTECTED PREMISES AND UNDER THE SUPERVISION OF THE
18 PROPRIETOR OF THE PROTECTED PREMISES.
19 "Polygraph operator." Any individual employed in this
20 Commonwealth to investigate the conduct, honesty, efficiency,
21 loyalty or activities of employees, agents, contractors and
22 subcontractors by means of detection of deception devices of a
23 mechanical nature.
24 (c) Regulation of licensees.--All other rights and duties of
25 ALARM AGENTS, ALARM BUSINESSES AND polygraph operators shall be <--
26 as provided by this title. It is the intent of this section only
27 that ALARM AGENTS, ALARM BUSINESSES AND polygraph operators <--
28 shall be relieved of the experience requirements for licensure
29 as private detectives or alarm agents. The board may set, by <--
30 rules and regulations, reasonable and appropriate requirements
19830S0633B1385 - 28 -
1 for licensure for these limited licenses.
2 (d) Limitation on activities of licensees.--Limited licenses
3 issued under this section shall authorize only the conduct of
4 ALARM AGENT, ALARM BUSINESS OR polygraph operator and by <--
5 operation of law prohibit private detective and security
6 business activities.
7 § 1323. Qualifications for licensure.
8 (a) Experience and examination.--
9 (1) No private detective license shall be issued unless <--
10 the applicant has been regularly employed for a period of not
11 less than five years as a detective, an associate of a
12 licensed private detective, a member of the United States
13 Government investigative service, the Pennsylvania State
14 Police, a municipality with a rank or grade higher than
15 patrolman, or a sheriff.
16 (2) No alarm agent license shall be issued unless the <--
17 applicant establishes that he was an alarm associate or was
18 regularly engaged or was employed in the provision of alarm
19 services of on-premises sales, installation or service for an
20 aggregate period of not less than five years prior to the
21 filing of the application. The individual shall be required
22 to engage full time in, or supervising, the on-premises
23 sales, installation or servicing of alarm systems.
24 (3) Applicants for an alarm agent license shall take a
25 board administered alarm agent examination designed to
26 measure the individual's knowledge and competence in the
27 alarm business and score a passing grade. Applicants engaged
28 in the alarm business on the effective date of the part shall
29 have one year after the effective date of the part to comply
30 with this examination requirement.
19830S0633B1385 - 29 -
1 (4) Any employee of a private detective or security
2 business who is not otherwise disqualified under this section
3 or section 1324 (relating to incompatible employment) from
4 obtaining a license under this section may be registered as
5 an associate under section 1342 (relating to regulation of
6 private detective associates) or 1343 (relating to
7 registration of security guards and alarm associates) <--
8 notwithstanding that he does not possess the experience
9 required under this section to obtain a private detective or
10 alarm agent 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.
19830S0633B1385 - 30 -
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 or alarm <--
16 agent license shall be issued to a member of a State or
17 municipality police force, constable, probation officer or any
18 individual who holds a public office and who, by virtue of that
19 public office, possess extraordinary police authority, not
20 allowed private persons, for the benefit of the public. In the
21 case of an association, partnership or corporation, no license
22 shall be 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
19830S0633B1385 - 31 -
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 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
19830S0633B1385 - 32 -
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
19830S0633B1385 - 33 -
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 private detective associates.
18 1343. Registration of security guards and alarm associates. <--
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
19830S0633B1385 - 34 -
1 by the authorities of any state.
2 § 1342. Registration of private detective 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 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
19830S0633B1385 - 35 -
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 and alarm associates. <--
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
19830S0633B1385 - 36 -
1 to applicability of part) who does not possess a valid
2 registration under this part unless he has executed and filed
3 with the board an application for registration as provided in
4 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) Two sets of classifiable fingerprints recorded in <--
17 such manner as may be specified by the board.
18 (6) (5) If applying for a security guard registration, <--
19 that he is not employed by a state or municipality police
20 force or, if he is so employed, that his public employer does
21 not prohibit him from serving as a security guard during
22 hours other than those when he is pursuing his regular
23 duties.
24 (7) (6) Such further information as the board may <--
25 require to show the good character, competency and integrity
26 of the applicant.
27 The application shall be accompanied by a set TWO SETS of <--
28 fingerprints and two photographs and a registration fee of $25
29 which shall be nonrefundable.
30 (c) Investigation of applicant.--The board shall cause an
19830S0633B1385 - 37 -
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 a
6 security guard or alarm 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 $15. 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 § 1344. Duties of licensee and certain other employers.
24 Prior to allowing an associate or a security guard registered
25 under section 1342 (relating to registration of private
26 detective associates) or 1343 (relating to registration of
27 security guards and alarm associates) to perform services, the <--
28 business licensee or other employer shall verify his
29 registration, or in the case of an applicant for registration,
30 the licensee or employer may issue, in accordance with
19830S0633B1385 - 38 -
1 regulations promulgated by the board, a temporary registration
2 which shall be void if the applicant's employment is terminated
3 for any reason, the registration is refused by the board, on or
4 after 90 days, whichever first occurs. The licensee or employer
5 shall retain on file a copy of the application and one set of
6 fingerprints until permanent registration of the associate or
7 security guard is verified. If the employment of an associate or
8 security guard is terminated for cause at any time, the licensee
9 or employer shall immediately notify the board.
10 CHAPTER 15
11 IDENTIFICATION DOCUMENTS, UNIFORMS
12 AND EQUIPMENT
13 Sec.
14 1501. Private detective and alarm agent identification card. <--
15 1502. Associate and security guard identification card.
16 1503. Responsibility for identification documents.
17 1504. Uniforms and equipment.
18 § 1501. Private detective and alarm agent identification card. <--
19 (a) Contents of card.--Upon the issuance of a private
20 detective or alarm agent license, the board shall also issue an <--
21 identification card which shall contain the licensee's
22 photograph, name and business address, and, in the case of <--
23 private detectives, a metal badge as evidence of authorization
24 pursuant to the terms of this part.
25 (b) Carrying requirement.--The identification card shall be
26 carried by an individual required to obtain an identification
27 card under subsection (a) whenever the individual is engaged in
28 the provision of private detective or alarm services and shall
29 be exhibited upon request.
30 § 1502. Associate and security guard identification card.
19830S0633B1385 - 39 -
1 (a) Associate or security guard.--Upon the issuance of a
2 registration as an associate or security guard under Subchapter
3 C of Chapter 13, (relating to employees of private detectives
4 and security business and privately employed security guards)
5 the board shall issue an identification card which shall contain
6 such information as the board shall prescribe.
7 (b) Carrying requirement.--The identification card shall be
8 carried by an individual required to obtain an identification
9 card under subsection (a) whenever the individual is engaged in
10 employment activities for which he must be registered under this
11 part and shall be exhibited upon request.
12 § 1503. Responsibility for identification documents.
13 (a) General rule.--Each person to whom an identification
14 document, license, registration card and badge has been issued
15 shall be responsible for their safekeeping and shall not lend,
16 let or allow any other person to use, wear or display the
17 license, document, card or badge.
18 (b) Wearing unauthorized identification card or badge.--No
19 person shall wear or display any license, card, shield or badge
20 of any design or material purporting to authorize the holder or
21 wearer thereof to act as a private detective, associate or
22 security guard, which has not been issued pursuant to the
23 provisions of this part. Any person who violates this subsection
24 commits a misdemeanor of the third degree and any such violation
25 is sufficient cause for revocation of the license or
26 registration.
27 (c) Loss or destruction.--If it is established to the
28 satisfaction of the board that a license, document, card or
29 badge has been lost or destroyed, the board, upon payment of an
30 appropriate fee, shall issue a duplicate license, document, card
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1 or badge for the unexpired portion of the term of the license or
2 registration.
3 § 1504. Uniforms and equipment.
4 (a) Return when employment terminated.--Any associate or
5 security guard issued a uniform or equipment by his employer
6 whose employment is terminated for any reason who fails or
7 refuses to return the uniform or equipment for any reason within
8 three days after the employment ceases, commits a misdemeanor of
9 the third degree.
10 (b) Wearing official police uniform.--A member or employee
11 of a public police force shall not wear his official police
12 uniform while performing security services for a private
13 employer unless authorized by the governing authority of the
14 political subdivision by which he is employed.
15 (c) Uniform standards.--The board may promulgate standards
16 or guidelines relating to the design or color of security guard
17 uniforms so as to assure differentiation of public police and
18 security guard uniforms.
19 (d) Deceptively similar uniforms.--An associate or security
20 guard shall not wear, nor shall an employer issue, a uniform
21 deceptively similar to a uniform worn by a member of a public
22 police force in or adjacent to the political subdivision in
23 which the security services are being performed.
24 CHAPTER 17
25 ENFORCEMENT
26 Subchapter
27 A. General Provisions
28 B. Violations and Penalties
29 SUBCHAPTER A
30 GENERAL PROVISIONS
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1 Sec.
2 1701. Enforcement and investigations.
3 1702. Administrative disciplinary proceedings.
4 1703. Prosecutions.
5 1704. Injunction against unlawful practice.
6 1705. Subpoenas.
7 § 1701. Enforcement and investigations.
8 The board, or at its request and in accordance with sections
9 1703 (relating to prosecutions) and 1704 (relating to injunction
10 against unlawful practice), the Attorney General or each
11 district attorney shall enforce the provisions of this part and,
12 upon complaint of any person or on his or its own initiative,
13 shall investigate any suspected violation or the business
14 practices and methods of any applicant or licensee. Each
15 applicant or licensee shall, on request of the board or the
16 district attorney, supply such information as may be required
17 concerning his or its business, business practices or methods.
18 § 1702. Administrative disciplinary proceedings.
19 (a) Disciplinary action.--The board may revoke or suspend
20 any license or registration granted under this act, reprimand,
21 censure, fine or otherwise discipline in accordance with the
22 provisions of this act any party that, after notice and hearing,
23 the board determines:
24 (1) Has willfully or repeatedly acted in a manner
25 inconsistent with the health and safety of the public.
26 (2) Has committed any act involving dishonesty, fraud or
27 deceit in the practice of the businesses regulated herein.
28 (3) Is convicted, in any court of competent
29 jurisdiction, of a felony committed in the practice of the
30 businesses regulated herein.
19830S0633B1385 - 42 -
1 (4) Has done any act without a license or registration
2 for which a license or registration is required under this
3 chapter or has employed any person for whom a license or
4 registration certificate under this chapter is required, who
5 does not have such license or registration.
6 (5) Has otherwise violated the provisions of this
7 chapter or the rules enacted in accordance therewith.
8 (b) Filing of charges.--Proceedings under this section shall
9 be begun by filing with the board charges in writing and under
10 oath. The charges may be preferred by any person or by the
11 board. The chairman of the board shall designate three or more
12 members thereof as a hearing committee to hear the charges and
13 to report to the board thereon.
14 (c) Written notice.--Before any hearing or disciplinary
15 action is taken, the charged party shall be given notice in
16 writing of the charges against him. The notice shall set a time,
17 date and place of hearing not less than ten days from the date
18 of the notice.
19 (d) Hearing.--At the hearing the charged party shall have
20 the right to appear either personally or by counsel, or both, to
21 produce witnesses and evidence on his own behalf, to cross-
22 examine witnesses and to have subpoenas issued in his behalf by
23 the hearing committee.
24 (e) Written report.--The hearing committee shall make a
25 written report to the board of its findings and recommendations
26 which shall be considered by the board in arriving at its
27 determination.
28 (f) Committee powers.--Members of the hearing committee
29 shall exercise any of the powers of the board as may be
30 necessary for the proper conduct of the hearing.
19830S0633B1385 - 43 -
1 (g) Appeal.--The administrative disciplinary proceedings
2 shall be conducted pursuant to 2 Pa.C.S. § 103 et seq. (relating
3 to Administrative Agency Law). Every party shall have the right
4 to appeal any decision of the board and such appeals shall be in
5 accordance with the Administrative Agency Law.
6 (h) Fines.--Administrative fines imposed pursuant to this
7 section shall not exceed $1,000 for any single violation. All
8 money derived from the assessment of administrative fines is
9 hereby continuously appropriated to the board to support the
10 board's enforcement program.
11 § 1703. Prosecutions.
12 In addition to following administrative disciplinary
13 proceedings, the board may, in its discretion, refer matters
14 brought to its attention under this section to the Attorney
15 General or a district attorney for criminal prosecution.
16 Criminal prosecutions for violation of this part shall be
17 brought by the Attorney General or the district attorney of the
18 county in which the violation occurred.
19 § 1704. Injunction against unlawful practice.
20 It shall be unlawful for any party to practice or attempt to
21 offer to practice the professions defined in this act, without
22 having at the time of so doing, where required, a valid,
23 unexpired, unrevoked and unsuspended license or registration
24 issued under this chapter. The unlawful practice of the
25 professions defined in this chapter may be enjoined by the
26 courts on petition of the board. In any such proceeding it shall
27 not be necessary to show that any person is individually injured
28 by the actions complained of. If the respondent is found guilty
29 of unlawful practice, the court shall enjoin him from so
30 practicing unless and until he has possessed a valid license or
19830S0633B1385 - 44 -
1 registration. Procedure in such cases shall be the same as in
2 any other injunction suit. The remedy by injunction is in
3 addition to the administrative discipline and criminal
4 prosecution provided for herein.
5 § 1705. Subpoenas.
6 For the purpose of enforcing the provisions of this part, in
7 making investigations and conducting administrative disciplinary
8 proceedings relating to any violation thereof and for the
9 purpose of investigating applicants or licensees, the board, the
10 Attorney General and district attorney, or their designee, shall
11 have the power to subpoena any person within his or its
12 jurisdiction and require the production of any books or papers
13 deemed relevant to the inquiry or proceedings. Any person
14 subpoenaed who fails to obey the subpoena without reasonable
15 cause or without such cause refuses to be examined or to answer
16 any relevant question commits a misdemeanor of the third degree.
17 The testimony of witnesses shall be under oath and willful false
18 swearing in any such proceeding shall be punishable as perjury.
19 SUBCHAPTER B
20 VIOLATIONS AND PENALTIES
21 Sec.
22 1711. Unfair labor practices.
23 1712. Contingent or percentage fees.
24 1713. Unlicensed activities.
25 1714. False representations.
26 1715. Privileged information and false reports.
27 § 1711. Unfair labor practices.
28 It is a misdemeanor of the third degree for a private
29 detective or any employee of a business licensee knowingly to
30 encourage, aid, commit or participate within or without this
19830S0633B1385 - 45 -
1 Commonwealth in any unfair labor practice.
2 § 1712. Contingent or percentage fees.
3 It is unlawful for a private detective or business licensee
4 to furnish or perform any private detective business service on
5 a contingent or percentage basis, or make or enter into any
6 agreement for furnishing services of any kind or character by
7 the terms or conditions of which agreement the compensation to
8 be paid for the services to the licensee is partially or wholly
9 contingent or based upon a percentage of the amount of money or
10 property recovered or dependent in any way upon the result
11 achieved. A violation of this section may be the basis for
12 denying the renewal of a license.
13 § 1713. Unlicensed activities.
14 Any person, in violation of the provisions of Subchapter A of
15 Chapter 13 (relating to private detective and security
16 business), who engages in the private detective or security
17 business without a license commits a misdemeanor of the third
18 degree.
19 § 1714. False representations.
20 If the business licensee falsely represents that a person is
21 or has been in his employ, such misrepresentation shall be
22 sufficient cause for the revocation of his license. Any person
23 who falsely represents that he is or has been a detective or
24 employed by a licensee commits a misdemeanor of the third
25 degree. Any person who files with the board the fingerprints,
26 photographs or application for registration of a person other
27 than the applicant commits a misdemeanor of the first degree.
28 § 1715. Privileged information and false reports.
29 Any person who is or has been an employee of a business
30 licensee shall not divulge to anyone other than his employer, or
19830S0633B1385 - 46 -
1 as his employer shall direct, any information acquired by him
2 during such employment in respect to any of the work to which he
3 has been assigned. Any employee violating the provisions of this
4 section, or any employee who shall willfully make a false report
5 to his employer in respect to any of such work, commits a
6 misdemeanor of the third degree. The employer of any employee
7 believed to have violated this section shall, without any
8 liability whatsoever upon the employer, inform the board who
9 shall, should the facts and circumstances warrant it, conduct
10 further investigation or administrative disciplinary proceedings
11 or refer that matter to the district attorney for appropriate
12 action.
13 PART III
14 PRIVATE POLICE
15 Chapter
16 31. Private Police
17 CHAPTER 31
18 PRIVATE POLICE
19 Sec.
20 3101. Appointment.
21 3102. Oath of office.
22 3103. Powers.
23 3104. Compensation.
24 3105. Termination of appointment.
25 § 3101. Appointment.
26 Any nonprofit organization or entity, including a nonprofit
27 corporation as defined in Part III of Title 15 (relating to
28 corporations not-for-profit), which maintains a cemetery or any
29 buildings or grounds open to the public, or is organized for the
30 prevention of cruelty to children, aged persons or animals, or
19830S0633B1385 - 47 -
1 conducts agricultural or horticultural exhibitions may apply to
2 the board upon such forms as it shall prescribe for the
3 appointment of specific persons as the applicant may designate
4 to act as private policemen for it. The board after such
5 investigation as it shall deem necessary shall recommend to the
6 Governor the commissioning of such persons as private policemen
7 or advise the applicant of its adverse recommendation and the
8 reasons therefor.
9 § 3102. Oath of office.
10 Every policeman so commissioned shall, before entering upon
11 the duties of his office, take and subscribe the oath required
12 by Article VI of the Constitution of Pennsylvania. The oath and
13 the commission issued by the Governor shall be recorded in the
14 office for the recording of deeds of each county in which it is
15 intended that the policemen shall act and a copy filed with the
16 board.
17 § 3103. Powers.
18 (a) General rule.--Private policemen shall severally possess
19 and exercise all the powers of a police officer in this
20 Commonwealth, in and upon, and in the immediate and adjacent
21 vicinity of, the property of the appointing authority, and in
22 the case of policemen commissioned to act for organizations for
23 prevention of cruelty to persons and animals, shall severally
24 possess and exercise all the powers of a police officer in any
25 county in which they may be directed by their appointing
26 authority to act and may arrest persons for the commission of
27 any offense of cruelty to children, aged persons or animals.
28 (b) Detention of arrested persons.--The keepers of jails and
29 other places of detention in any county of this Commonwealth
30 shall receive all persons arrested by private policemen for
19830S0633B1385 - 48 -
1 purposes of detention until they are dealt with according to
2 law.
3 (c) Badge.--Private policemen when on duty shall wear a
4 metallic shield containing the words "Special officer" and the
5 name of the appointing authority.
6 (d) Weapons.--Policemen so appointed shall not carry a
7 firearm or other weapon either when on duty or off duty unless
8 authorized to do so by other provisions of this title or any
9 other statute.
10 § 3104. Compensation.
11 The compensation of the policemen shall be paid by their
12 appointing authority.
13 § 3105. Termination of appointment.
14 When any appointing authority no longer requires the services
15 of any policeman, it shall file a notice to that effect, under
16 its corporate or other seal, if any, in the office of each
17 recorder of deeds where the oath and commission of the policeman
18 were recorded and with the board. The recorder of deeds shall
19 note this information upon the margin of the record where the
20 commission and oath were recorded.
21 Section 3. Repeals.
22 (a) Specific repeals.--The following acts are repealed:
23 Act of April 26, 1870 (P.L.1269, No.1166), entitled "An act
24 to authorize the private patrol and watchmen to be commissioned
25 by the mayor of Philadelphia to perform police duty within
26 prescribed limits in said city."
27 Act of April 9, 1873 (P.L.67, No.45), entitled "An act for
28 the further protection of cemeteries in the state of
29 Pennsylvania."
30 Act of April 26, 1883 (P.L.14, No.13), entitled "An act for
19830S0633B1385 - 49 -
1 the protection of agricultural and horticultural societies."
2 Act of June 26, 1895 (P.L.333, No.248), entitled "An act to
3 authorize occupants of real estate in cities and boroughs of the
4 Commonwealth to employ night watchmen, with the approval of the
5 court of quarter sessions of the proper county or of the
6 Director of the Department of Public Safety in any city having
7 such a department, and conferring upon the night watchmen thus
8 employed, all rights, privileges and powers of constables and
9 policemen duly elected or appointed in such cities or boroughs."
10 Act of May 25, 1937 (P.L.799, No.221), entitled "An act
11 prohibiting industrial police from carrying weapons when not on
12 duty; requiring them to leave the same at place of employment;
13 and prescribing penalties."
14 Act of August 21, 1953 (P.L.1273, No.361), known as The
15 Private Detective Act of 1953.
16 Act of October 10, 1974 (P.L.705, No.235), known as the
17 Lethal Weapons Training Act.
18 (b) General repeal.--All other acts and parts of acts are
19 repealed insofar as they are inconsistent with this act.
20 Section 4. Transition provisions.
21 (a) State Board of Private Detectives and Security
22 Businesses.--The Governor shall appoint the members of the State
23 Board of Private Detectives and Security Businesses within 90
24 days of the effective date of this act and the board shall
25 organize within 30 days after the confirmation of the members.
26 (b) Extension of existing licenses.--Each person,
27 partnership, association or corporation who holds a valid
28 license issued pursuant to the former provisions of the act of
29 August 21, 1953 (P.L.1273, No.361), known as The Private
30 Detective Act of 1953, but which license will expire within one
19830S0633B1385 - 50 -
1 year of the effective date of this section shall be deemed to
2 have been granted an extension of that license until one year
3 from the effective date of this section.
4 (c) Information concerning existing licenses.--Each person,
5 partnership, association or corporation who holds a valid
6 license issued pursuant to The Private Detective Act of 1953 on
7 the effective date of this act shall send a copy of the license,
8 or all pertinent information thereon, to the board within 60
9 days of the effective date of this act.
10 (d) Application for new license.--Each person, partnership,
11 association or corporation who holds a valid license issued
12 pursuant to The Private Detective Act of 1953 on the effective
13 date of this act and who desires to engage in a business or
14 profession regulated under this act must make application
15 therefor to the board before 90 days of the expiration of that
16 license or before 90 days of the expiration of that license as
17 extended by subsection (b). If it appears to the board that the
18 person, partnership, association or corporation making
19 application under this subsection does not meet the substantive
20 qualifications of 22 Pa.C.S. § 1323(a) (relating to
21 qualifications for licensure) or 1324 (relating to incompatible
22 employment) the board may nonetheless issue the license upon a
23 public statement of its reasons therefor.
24 (e) Certain applications for license limited to security
25 services.--Any person who prior to the effective date of this
26 act is engaged in providing security services as defined in 22
27 Pa.C.S. § 1102(3) (relating to applicability of part) and has
28 been so engaged in a supervisory capacity for at least five
29 years but does not meet the substantive qualifications of 22
30 Pa.C.S. § 1323(a), may apply to the board for the issuance of a
19830S0633B1385 - 51 -
1 license limited to the services as defined in § 1102(3) and a
2 limited license may be issued in accordance with the provisions
3 of § 1322 (relating to limited licenses).
4 Section 5. Appropriation.
5 The sum of $100,000, or as much thereof as may be necessary,
6 is hereby appropriated FROM THE PROFESSIONAL LICENSURE <--
7 AUGMENTATION RESTRICTED REVENUE ACCOUNT to the Department of
8 State for the use of the Bureau of Professional and Occupational
9 Affairs to defray costs and expenses on account of the State
10 Board of Private Detectives and Security Businesses. This sum
11 shall be expended and accounted for in accordance with the act
12 of July 1, 1978 (P.L.700, No.124), known as the Bureau of
13 Professional and Occupational Affairs Fee Act, and shall be
14 credited against sums subsequently appropriated in accordance
15 with that act.
16 Section 6. Effective date.
17 Chapter 5 of Title 22 (relating to State Board of Private
18 Detectives and Security Businesses) and sections 4(a), (b) and 5
19 of this act shall take effect immediately and the remaining
20 provisions shall take effect in six months.
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