PRINTER'S NO. 119
No. 85 Session of 2007
INTRODUCED BY TOMLINSON, BOSCOLA, COSTA, PUNT, RHOADES,
RAFFERTY, TARTAGLIONE, BROWNE AND WAUGH, FEBRUARY 13, 2007
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 13, 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 providing for a code of ethics for private detectives.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of August 21, 1953 (P.L.1273, No.361),
9 known as The Private Detective Act of 1953, is amended by adding
10 a section to read:
11 Section 16.2. Code of Ethics.--Each licensee shall abide by
12 the following code of ethics in the performance of their duties
13 and shall:
14 (1) Recognize the highest principles of ethical conduct in
15 an investigation and in the practice of their profession and at
16 all times represent the highest standards, dealing honestly,
17 justly, fairly and courteously with all represented clients.
18 (2) Interact honestly with other investigators and other
19 professionals. At no time shall a private detective damage or
1 injure the professional reputation of another investigator or
2 private investigative agency.
3 (3) Provide services which he is competent and qualified to
4 perform.
5 (4) Refrain from accepting an assignment if there is a
6 personal or business conflict of interest.
7 (5) Adhere to confidentiality in investigative dealings and
8 respect the confidential nature of the information obtained of
9 and from clients.
10 (6) Conduct himself in an ethical manner whenever engaged in
11 the solicitation of work or providing services.
12 (7) Not represent himself in a misleading or deceptive
13 manner. The licensee shall avoid all conduct or practice likely
14 to discredit or do injury to the profession.
15 (8) Not knowingly violate any laws regulating business
16 practices and the profession itself. No rights or privileges of
17 a citizen, which may be guaranteed by the Constitution of the
18 United States or the Constitution of Pennsylvania, shall be
19 knowingly violated.
20 (9) Make all reporting of information discovered in the
21 course of an investigation be based upon truth and fact and
22 express honest opinions on that basis. No personal feelings or
23 prejudices will be allowed to interfere with factual and
24 truthful disclosures of the results obtained from investigative
25 assignments for clients.
26 (10) Provide knowledge of any material fact related to the
27 commission of a crime to appropriate law enforcement unless he
28 is represented by an attorney and attorney client privilege
29 extends to the subject matter of the investigation.
30 (11) Report knowledge of another licensee's or its agency's
20070S0085B0119 - 2 -
1 unethical, illegal or unfair practice.
2 (12) Honor each client contract, adhering to all
3 responsibilities by providing ethical services within the limits
4 of the law.
5 (13) Use due diligence to ensure that all employes and
6 coworkers adhere to this same code of ethical conduct.
7 (14) Not provide services when he knows or disregards
8 knowledge that the information or service to be provided will be
9 used to commit or facilitate a crime or fraud, or to harass,
10 intimidate, or to expose a third party to ridicule or scorn, or
11 put an individual in physical danger.
12 Section 2. This act shall take effect in 60 days.
L8L22MSP/20070S0085B0119 - 3 -