PRINTER'S NO. 203
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 20070H0177B0203 - 2 -
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. L19L22SFL/20070H0177B0203 - 5 -