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PRINTER'S NO. 83
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
112
Session of
2021
INTRODUCED BY BARTOLOTTA, MENSCH AND STEFANO, JANUARY 25, 2021
REFERRED TO JUDICIARY, JANUARY 25, 2021
AN ACT
Amending the act of August 21, 1953 (P.L.1273, No.361), entitled
"An act to regulate the business of private detectives,
investigators and watch, guard, or patrol agencies, and the
licensing thereof in each county; providing penalties,"
further providing for issuance of licenses, fees and bonds
and for employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6(b) and 13(a), (b), (c), (d) and (f) of
the act of August 21, 1953 (P.L.1273, No.361), known as The
Private Detective Act of 1953, are amended to read:
Section 6. Issuance of Licenses; Fees; Bonds.--* * *
(b) [Except as hereinafter provided in this subsection, no
such license shall be issued to any person who has been
convicted in this State or any other state or territory of a
felony, or any of the following offenses: (1) illegally using,
carrying or possessing a pistol or other dangerous weapon; (2)
making or possessing burglar's instruments; (3) buying or
receiving stolen property; (4) unlawful entry of a building; (5)
aiding escape from prison; (6) unlawfully possessing or
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distributing habit forming narcotic drugs; (7) picking pockets
or attempting to do so; (8) soliciting any person to commit
sodomy or other lewdness; (9) recklessly endangering another
person; (10) making terroristic threats; or (11) committing
simple assault.
Except as hereinafter in this subsection provided, no license
shall be issued to any person whose license has been previously
revoked by the court of common pleas or the authorities of any
other state or territory because of conviction of any of the
crimes or offenses specified in this section. The provisions of
this subsection shall not prevent the issuance of a license to
any person who, subsequent to his conviction, shall have
received executive pardon therefor removing this disability.]
(1) Except as provided in paragraphs (2) and (3), a license may
not be issued to a person who has been convicted in the previous
five years of an offense:
(i) Under:
(A) 18 Pa.C.S. § 2702 (relating to aggravated assault).
(B) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(C) 18 Pa.C.S. § 2705 (relating to recklessly endangering
another person).
(D) 18 Pa.C.S. § 2706 (relating to terroristic threats).
(E) 18 Pa.C.S. § 3502 (relating to b urglary).
(F) 18 Pa.C.S. § 3925 (relating to receiving stolen
property).
(G) 18 Pa.C.S. Ch. 61 (relating to firearms and other
dangerous articles).
(ii) Requiring registration under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).
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(2) Convictions for summary offenses may not be considered
in issuing a license under this act.
(3) The provisions of paragraph (1) shall not prevent the
issuance of a license to a person who, subsequent to a
conviction under paragraph (1)(i), receives an executive pardon
for the conviction.
* * *
Section 13. Employes.--(a) (1) The holder of any license
certificate issued pursuant to this act may employ to assist him
in his work of private detective or investigator as described in
section 2 and in the conduct of such business as many persons as
he may deem necessary, and shall at all times during such
employment be legally responsible for the good conduct in the
business of each and every person so employed and shall be
responsible for the reasonable supervision of said employes'
conduct.
[No] (2) Except as provided under paragraphs (3) and (4), no
holder of any unexpired license certificate issued pursuant to
this act shall knowingly employ in connection with his or its
business, in any capacity whatsoever, any person who has been
convicted [of a felony, or any of the following offenses, and
who has not, subsequent to such conviction, received executive
pardon therefor removing this disability: (1) illegally using,
carrying or possessing a pistol or other dangerous weapon; (2)
making or possessing burglar's instruments; (3) buying or
receiving stolen property; (4) unlawful entry of a building; (5)
aiding escape from prison; (6) unlawfully possessing or
distributing habit forming narcotic drugs; (7) picking pockets
or attempting to do so; (8) soliciting any person to commit
sodomy or other lewdness; (9) any person whose private detective
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or investigator's license was revoked or application for such
license was denied by the court of common pleas or by the
authorities of any other state or territory because of
conviction of any of the crimes or offenses specified in this
section; (10) recklessly endangering another person; (11)
terroristic threats; or (12) committing simple assault.] in the
previous five years of an offense:
(i) Under:
(A) 18 Pa.C.S. § 2702 (relating to aggravated assault).
(B) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(C) 18 Pa.C.S. § 2705 (relating to recklessly endangering
another person).
(D) 18 Pa.C.S. § 2706 (relating to terroristic threats).
(E) 18 Pa.C.S. § 3502 (relating to b urglary).
(F) 18 Pa.C.S. § 3925 (relating to receiving stolen
property).
(G) 18 Pa.C.S. Ch. 61 (relating to firearms and other
dangerous articles).
(ii) Requiring registration under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).
(3) Convictions for summary offenses may not be considered
in issuing a license under this act.
(4) The provisions of paragraph (1) shall not prevent the
employment of a person who, subsequent to a conviction under
paragraph (1)(i), receives an executive pardon for the
conviction.
(5) A holder of an unexpired license certificate issued
pursuant to this act who knowingly employs a person who has been
convicted of a felony or any of the offenses specified in this
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section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be sentenced to pay a fine of not more than five
thousand dollars ($5000) or to undergo imprisonment for not more
than one (1) year, or both.
(6) A first conviction for violation of this section may
subject the license holder to revocation of his license by the
issuing authority.
(7) Upon the second conviction of a license holder for
knowingly hiring a person convicted of a felony or other
specified offenses in this section, the license of said holder
shall be revoked.
(8) Should the holder of an unexpired license certificate
falsely state or represent that a person is or has been in his
employ, such false statement or misrepresentation shall be
sufficient cause for the revocation of such license. Any person
falsely stating or representing that he is or has been a
detective or employed by a detective agency shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine of not more than five hundred dollars ($500) or to
undergo imprisonment for not more than one (1) year, or both.
[(b) No person shall hereafter be employed by any holder of
a license certificate until he shall have executed and furnished
to such license certificate holder a verified statement to be
known as "employe's statement," setting forth:
(1) His full name, age and residence address;
(2) The country of which he is a citizen;
(3) The business or occupation engaged in for the three
years immediately preceding the date of the filing of the
statement, setting forth the place or places where such business
or occupation was engaged in, and the name or names of
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employers, if any;
(4) That he has not been convicted of a felony, or of any
offense involving moral turpitude, or of any of the misdemeanors
or offenses described in subsection (a) of this section;
(5) That he holds current and valid certification under the
act of October 10, 1974 (P.L.705, No.235), known as the "Lethal
Weapons Training Act," if, as an incidence to employment, he
will carry a lethal weapon.
(6) Such further information as the court of common pleas
may by rule require to show the good character, competency and
integrity of the person executing the statement.]
(c) The license holder shall [act with due diligence in
taking the necessary steps to ensure the veracity of the
employe's statement, and immediately upon the verification of an
employe's statement, the holder of a license certificate by whom
such person has been or is to be employed shall] cause two sets
of fingerprints of the two hands of such person to be recorded
in such manner as the court of common pleas may by rule
prescribe. The holder of a license certificate shall immediately
stamp, in indelible ink, [the employe's statement and] each set
of fingerprints with the name, year and license certificate
number of such holder, and a number, which [number shall be
determined by the number of such statements furnished to such
holder and] shall be in numerical sequence.
(d) The holder of a license certificate shall affix one set
of such fingerprints [to the employe's statement, in such manner
that the prints can be examined without disclosing the contents
of the employe's statement,] and shall retain [such statement
and] the prints so long as he shall be licensed under this act.
* * *
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(f) Within five days after the filing of such fingerprints,
the court of quarter sessions shall cause such fingerprints to
be compared with fingerprints of criminals now or hereafter
filed in the records of the Pennsylvania State Police, and if
the court finds any record affecting such prints, it shall
immediately notify the holder of such license certificate and
shall also refer the matter to the district attorney of the
county. The quarter sessions court may also, from time to time,
cause such fingerprints to be checked against the fingerprints
of criminals now or hereafter filed in the records of the
Pennsylvania State Police or of other official fingerprint files
within or without this Commonwealth, and if the court finds that
such person has been convicted of [a felony or any other] an
offense specified in subsection (a) of this section, he shall
immediately notify the holder of such license certificate and
shall also refer the matter to the district attorney. The
quarter sessions court shall at all times be given access to and
may from time to time examine the fingerprints retained by the
holder of a license certificate as provided in subsection (d) of
this section.
* * *
Section 2. This act shall take effect in 60 days.
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