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                                                       PRINTER'S NO. 203

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 177 Session of 2007


        INTRODUCED BY SOLOBAY, CALTAGIRONE, CAPPELLI, J. EVANS,
           FABRIZIO, GALLOWAY, GRUCELA, HORNAMAN, KOTIK, MAHONEY, MELIO,
           WALKO AND YOUNGBLOOD, FEBRUARY 1, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 1, 2007

                                     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 providing for issuances of licenses, fees and bonds,
     6     for employees and for prosecution.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Sections 6(b) and 13(a) of the act of August 21,
    10  1953 (P.L.1273, No.361), known as The Private Detective Act of
    11  1953, amended May 26, 1988 (P.L.405, No.68), are amended to
    12  read:
    13     Section 6.  Issuance of Licenses; Fees; Bonds.--* * *
    14     (b)  Except as hereinafter provided in this subsection, no
    15  such license shall be issued to any person who has been
    16  convicted in this State or any other state or territory of a
    17  felony, or any of the following offenses: (1) illegally using,
    18  carrying or possessing a pistol or other dangerous weapon; (2)
    19  making or possessing burglar's instruments; (3) buying or


     1  receiving stolen property; (4) unlawful entry of a building; (5)
     2  aiding escape from prison; (6) unlawfully possessing or
     3  distributing habit forming narcotic drugs; (7) picking pockets
     4  or attempting to do so; (8) soliciting any person to commit
     5  sodomy or other lewdness; (9) recklessly endangering another
     6  person; (10) making terroristic threats; [or] (11) committing
     7  simple assault[.]; (12) false swearing; (13) unsworn
     8  falsifications to authorities; (14) false identification to law
     9  enforcement authorities; (15) intimidation of witness or victim;
    10  (16) false reports to law enforcement authorities; (17) theft by
    11  unlawful taking; (18) theft by deception; (19) theft by
    12  extortion; (20) forgery; (21) access device fraud; (22)
    13  resisting arrest; (23) open lewdness; (24) corruption of minors;
    14  (25) sale or lease of weapons or explosives; (26) indecent
    15  exposure; or (27) indecent assault.
    16     Except as hereinafter in this subsection provided, no license
    17  shall be issued to any person whose license has been previously
    18  revoked by the court of common pleas or the authorities of any
    19  other state or territory because of conviction of any of the
    20  crimes or offenses specified in this section. The provisions of
    21  this subsection shall not prevent the issuance of a license to
    22  any person who, subsequent to his conviction, shall have
    23  received executive pardon therefor removing this disability.
    24     * * *
    25     Section 13.  Employes.--(a)  The holder of any license
    26  certificate issued pursuant to this act may employ to assist him
    27  in his work of private detective or investigator as described in
    28  section 2 and in the conduct of such business as many persons as
    29  he may deem necessary, and shall at all times during such
    30  employment be legally responsible for the good conduct in the
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     1  business of each and every person so employed and shall be
     2  responsible for the reasonable supervision of said employes'
     3  conduct.
     4     No holder of any unexpired license certificate issued
     5  pursuant to this act shall knowingly employ in connection with
     6  his or its business, in any capacity whatsoever, any person who
     7  has been convicted of a felony, or any of the following
     8  offenses, and who has not, subsequent to such conviction,
     9  received executive pardon therefor removing this disability: (1)
    10  illegally using, carrying or possessing a pistol or other
    11  dangerous weapon; (2) making or possessing burglar's
    12  instruments; (3) buying or receiving stolen property; (4)
    13  unlawful entry of a building; (5) aiding escape from prison; (6)
    14  unlawfully possessing or distributing habit forming narcotic
    15  drugs; (7) picking pockets or attempting to do so; (8)
    16  soliciting any person to commit sodomy or other lewdness; (9)
    17  any person whose private detective or investigator's license was
    18  revoked or application for such license was denied by the court
    19  of common pleas or by the authorities of any other state or
    20  territory because of conviction of any of the crimes or offenses
    21  specified in this section; (10) recklessly endangering another
    22  person; (11) terroristic threats; [or] (12) committing simple
    23  assault[.]; (13) false swearing; (14) unsworn falsifications to
    24  authorities; (15) false identification to law enforcement
    25  authorities; (16) intimidation of witness or victim; (17) false
    26  reports to law enforcement authorities; (18) theft by unlawful
    27  taking; (19) theft by deception; (20) theft by extortion; (21)
    28  forgery; (22) access device fraud; (23) resisting arrest; (24)
    29  open lewdness; (25) corruption of minors; (26) sale or lease of
    30  weapons or explosives; (27) indecent exposure; or (28) indecent
    20070H0177B0203                  - 3 -     

     1  assault.
     2     A holder of an unexpired license certificate issued pursuant
     3  to this act who knowingly employs a person who has been
     4  convicted of a felony or any of the offenses specified in this
     5  section shall be guilty of a misdemeanor and, upon conviction
     6  thereof, shall be sentenced to pay a fine of not more than five
     7  thousand dollars ($5000) or to undergo imprisonment for not more
     8  than one (1) year, or both.
     9     A first conviction for violation of this section may subject
    10  the license holder to revocation of his license by the issuing
    11  authority.
    12     Upon the second conviction of a license holder for knowingly
    13  hiring a person convicted of a felony or other specified
    14  offenses in this section, the license of said holder shall be
    15  revoked.
    16     Should the holder of an unexpired license certificate falsely
    17  state or represent that a person is or has been in his employ,
    18  such false statement or misrepresentation shall be sufficient
    19  cause for the revocation of such license. Any person falsely
    20  stating or representing that he is or has been a detective or
    21  employed by a detective agency shall be guilty of a misdemeanor,
    22  and, upon conviction thereof, shall be sentenced to pay a fine
    23  of not more than five hundred dollars ($500) or to undergo
    24  imprisonment for not more than one (1) year, or both.
    25     * * *
    26     Section 2.  Section 17 of the act is amended to read:
    27     Section 17.  District Attorneys to Prosecute.--Criminal
    28  action for violation of this act shall be prosecuted by the
    29  district attorney of the county in which any violation of this
    30  act occurred. Additionally, the police department of the
    20070H0177B0203                  - 4 -     

     1  municipality in which any violation of this act occurs shall
     2  have the power to investigate and file a police criminal
     3  complaint for violations of this act.
     4     Section 3.  This act shall take effect in 60 days.


















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