PRIOR PRINTER'S NO. 942 PRINTER'S NO. 1402
No. 825 Session of 2007
INTRODUCED BY WALKO, SAYLOR, WHEATLEY, MARSICO, BELFANTI, CAPPELLI, CASORIO, FABRIZIO, GIBBONS, KOTIK, MAHONEY, MYERS, PETRI, SOLOBAY, JOSEPHS, JAMES, CREIGHTON, SIPTROTH, SHAPIRO, CALTAGIRONE AND BROOKS, MARCH 19, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 23, 2007
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and TITLE 22 <-- 2 (Detectives and Private Police) of the Pennsylvania 3 Consolidated Statutes, providing for the offense of <-- 4 impersonating a private investigator, security professional, 5 fugitive recovery agent or employee; amending the heading of 6 Title 22 and 22 Pa.C.S. Ch. 3; codifying and making extensive 7 revisions to The Private Detective Act of 1953; codifying the 8 Lethal Weapons Training Act; further providing for the 9 definition of "privately employed agents"; providing for the 10 continuation of certain licenses; making an appropriation; 11 and making related repeals. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follow: 14 Section 1. Title 18 of the Pennsylvania Consolidated <-- 15 Statutes is amended by adding a section to read: 16 § 4913.1. Impersonating private investigator, security 17 professional, fugitive recovery agent or employee. 18 A person commits a misdemeanor of the second degree if the 19 person does any of the following: 20 (1) Falsely pretends to hold a license as a private 21 investigator, security professional or fugitive recovery
1 agent within this Commonwealth. 2 (2) Falsely pretends to be an employee of a licensed 3 private investigator, security professional or fugitive 4 recovery agent within this Commonwealth. 5 (3) Performs any action in furtherance of paragraph (1) 6 or (2). 7 Section 2. The heading of Title 22 is amended to read: 8 SECTION 1. THE HEADING OF TITLE 22 OF THE PENNSYLVANIA <-- 9 CONSOLIDATED STATUTES IS AMENDED TO READ: 10 TITLE 22 11 [DETECTIVES AND PRIVATE POLICE] PRIVATE INVESTIGATORS, 12 SECURITY PROFESSIONALS, FUGITIVE RECOVERY AGENTS, PRIVATE POLICE 13 AND LETHAL WEAPONS 14 Section 3 2. Chapter 3 of Title 22 is amended to read: <-- 15 [CHAPTER 3 16 DETECTIVES 17 (RESERVED)] 18 Section 4 3. Title 22 is amended by adding chapters to read: <-- 19 CHAPTER 3 20 PRIVATE INVESTIGATORS, SECURITY PROFESSIONALS 21 AND FUGITIVE RECOVERY AGENTS 22 Sec. 23 301. Scope of chapter. 24 302. Declaration of policy. 25 303. Definitions. 26 304. Board. 27 305. Deposit of funds. 28 306. Licensure. 29 307. Form of license. 30 308. License renewal. 20070H0825B1402 - 2 -
1 309. Change of residence or business location. 2 310. Expedited reciprocal licensing. 3 311. Employees. 4 312. Private investigator employees. 5 313. Pocket cards and badges. 6 314. Firearms. 7 315. Bond and insurance. 8 316. Licensure of corporations and other legal entities. 9 317. Criminal history record check. 10 318. Prohibition. 11 319. Title and utilization. 12 320. Rules of professional conduct. 13 321. Sanctions. 14 322. Injunction. 15 323. Unlawful acts. 16 324. Exclusions. 17 325. Restrictions on public disclosure. 18 § 301. Scope of chapter. 19 This chapter relates to private investigators, security 20 professionals and fugitive recovery agents. 21 § 302. Declaration of policy. 22 The General Assembly finds and declares as follows: 23 (1) The practice of private investigators and security 24 professionals has been regulated at a county level, which has 25 resulted in inconsistent regulation on a Statewide basis. 26 (2) The practice of fugitive recovery agents has 27 essentially been unregulated in this Commonwealth. 28 (3) Reasonable Statewide regulation of these professions 29 is in furtherance of public health, safety and welfare 30 interests. 20070H0825B1402 - 3 -
1 (4) Statewide regulation is necessary to set standards 2 of conduct for each of these professions and to protect the 3 public from unprincipled practitioners. 4 (5) Consumer protection with respect to both health and 5 economic matters will be afforded the public through the 6 regulation and associated legal remedies provided for in this 7 chapter. 8 § 303. Definitions. 9 The following words and phrases when used in this chapter 10 shall have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Account." The Professional Licensure Augmentation Account. 13 "Applicant." An individual who applies for any license under 14 this chapter. The term does not include an individual renewing a 15 license under section 308 (relating to license renewal). 16 "Board." The State Board of Private Investigators, Security 17 Professionals and Fugitive Recovery Agents established in 18 section 304 (relating to board). 19 "Bureau." The Bureau of Professional and Occupational 20 Affairs. 21 "Categories of licenses." Private investigator licenses, 22 security professional licenses and fugitive recovery agent 23 licenses. 24 "CPIN-compatible." Compatible with the Commonwealth Photo 25 Imaging Network. 26 "Fugitive recovery agent." 27 (1) An individual, corporation, partnership, limited 28 liability company or other legal entity which for a fee 29 primarily engages in one or more of the following: 30 (i) Fugitive recovery. 20070H0825B1402 - 4 -
1 (ii) Bail enforcement. 2 (iii) Bail recovery. 3 (iv) Investigation as to the location or whereabouts 4 of any person who has failed to appear in any Federal or 5 State court of law, when required by law, or has failed 6 to answer any criminal charge or subpoena, when required 7 by law. 8 (v) Assistance in the apprehension, arrest, 9 detention, confinement, surrender or securing of a person 10 described in subparagraph (iv). 11 (vi) Surveillance of a person described in 12 subparagraph (iv). 13 (2) The term does not include any individual excluded 14 from this chapter by section 324 (relating to exclusions). 15 "License." Any license to practice as a private 16 investigator, security professional or fugitive recovery agent 17 under this chapter. 18 "Licensee." An individual, corporation, partnership, limited 19 liability company or other legal entity who holds a license 20 under this chapter. 21 "Private Detective Act of 1953." The former act of August 22 21, 1953 (P.L.1273, No.361), known as The Private Detective Act 23 of 1953. 24 "Private investigator." 25 (1) An individual, corporation, partnership, limited 26 liability company or other legal entity which for a fee 27 primarily engages in the investigation of any of the 28 following activities: 29 (i) Crimes or wrongs done or threatened against an 30 individual, corporation, partnership, limited liability 20070H0825B1402 - 5 -
1 company or other legal entity. 2 (ii) The identity, habits, conduct, movement, 3 whereabouts, affiliations, association, transactions, 4 reputation or character of any individual, group of 5 individuals, association, organization, society, 6 partnership, corporation, limited liability company or 7 other legal entity. 8 (iii) The credibility of witnesses or other 9 individuals. 10 (iv) The whereabouts of missing individuals. 11 (v) The location or recovery of lost or stolen 12 property. 13 (vi) The cases or origins of or responsibility for 14 fires or torts or losses, accidents, damage or injuries 15 to personal or real property. 16 (vii) The conduct of employees, agents, contractors 17 and subcontractors. 18 (viii) The securing of evidence for any civil or 19 criminal proceeding. 20 (2) The term does not include any individual excluded 21 from this chapter by section 324 (relating to exclusions). 22 "Security professional." 23 (1) An individual, corporation, partnership, limited 24 liability company or other legal entity which for a fee 25 primarily provides security guards, watchmen or private 26 patrolmen for any individual, private corporation or other 27 legal entity. 28 (2) The term does not include any individual excluded 29 from this chapter by section 324 (relating to exclusions). 30 § 304. Board. 20070H0825B1402 - 6 -
1 (a) Establishment.--The State Board of Private 2 Investigators, Security Professionals and Fugitive Recovery 3 Agents is established as a board in the bureau. 4 (b) Membership.--The following shall be members of the 5 board: 6 (1) The Commissioner of Professional and Occupational 7 Affairs or a designee. 8 (2) The Commissioner of Pennsylvania State Police or a 9 designee. 10 (3) The Attorney General or a designee. 11 (4) Five public members, who are residents of this 12 Commonwealth, appointed by the Governor, with the advice and 13 consent of a majority of the members elected to the Senate. 14 At least one of the five public members must be an attorney 15 whose practice primarily consists of representation of 16 criminal defendants. At least one of the five public members 17 must be an attorney whose practice primarily consists of the 18 representation of civil plaintiffs. At least one of five 19 public members must be an attorney whose practice primarily 20 consists of the representation of civil defendants. A person 21 shall not be eligible for appointment under this paragraph if 22 the person or the person's spouse meets any of the following 23 provisions: 24 (i) Is licensed under this chapter or the Private 25 Detective Act of 1953. 26 (ii) Has, other than as a consumer, a financial 27 interest in a business entity which engages in an 28 activity licensed by this chapter. 29 (5) Nine professional members appointed by the Governor 30 with the advice and consent of a majority of the members 20070H0825B1402 - 7 -
1 elected to the Senate. The professional members shall: 2 (i) be licensed under this chapter; and 3 (ii) include at least two licensees from each of the 4 categories of licenses under this chapter. 5 (c) Initial appointments.--Notwithstanding the provisions of 6 subsection (b)(4) and section 316 (relating to licensure of 7 corporations and other legal entities), the following shall 8 apply: 9 (1) Individuals licensed under the Private Detective Act 10 of 1953 shall, until the expiration of the license, be 11 qualified to serve as professional members of the board as 12 representatives of private investigator licensees or security 13 professional licensees under this chapter. 14 (2) Fugitive recovery agents who have been actively 15 engaged in their profession and have a well-respected 16 reputation in the field shall, until July 1, 2010, be 17 qualified to serve as professional members of the board as 18 representatives of fugitive recovery agent licensees under 19 this chapter. 20 (d) Terms.--All of the following shall apply to terms of 21 members: 22 (1) Members under subsection (b)(1), (2) and (3) shall 23 serve ex officio. 24 (2) Members under subsection (b)(4) shall serve initial 25 terms as follows: 26 (i) One member shall be appointed for a term of two 27 years. 28 (ii) Two members shall be appointed for a term of 29 three years. 30 (iii) Two members shall be appointed for a term of 20070H0825B1402 - 8 -
1 four years. 2 (3) Members under subsection (b)(5) shall serve initial 3 terms as follows: 4 (i) Three members shall be appointed for a term of 5 two years. 6 (ii) Three members shall be appointed for a term of 7 three years. 8 (iii) Three members shall be appointed for a term of 9 four years. 10 (4) After the expiration of a term under paragraph (2) 11 or (3), a subsequent term shall be for four years. 12 (5) A replacement for a member under subsection (b)(4) 13 or (5) shall serve the remainder of the unexpired term. 14 (6) A member under subsection (b)(4) or (5) shall not be 15 eligible for more than two consecutive terms. 16 (e) Procedure.--All of the following shall apply to board 17 procedure: 18 (1) A majority of the members of the board constitutes a 19 quorum. A member must participate at a meeting of the board 20 in person or by teleconference for purposes of meeting a 21 quorum. 22 (2) Voting must be direct; voting by proxy shall not be 23 permitted. 24 (f) Organization.--All of the following shall apply to board 25 organization: 26 (1) An organizational meeting of the board shall be held 27 annually at which time the board shall elect from its 28 membership a president, a vice president and a secretary, who 29 shall serve for one year or until their successors are duly 30 elected. 20070H0825B1402 - 9 -
1 (2) If a vacancy in the office of president, vice 2 president or secretary of the board occurs, the remaining 3 members of the board shall fill the vacancy by election. 4 (g) Compensation.--Each member of the board under subsection 5 (b)(4) or (5), when performing functions of the board, shall 6 receive all of the following: 7 (1) A per diem fee of $100 for each meeting the member 8 attends in person. No member shall receive more than $1,000 9 of aggregate per diem fees in any calendar year. 10 (2) Reasonable travel, hotel and other necessary 11 expenses, as set by regulation of the board. 12 (h) Meetings.--The board shall meet at least once every two 13 months and at additional times as necessary to conduct the 14 business of the board. 15 (i) Participation.--A member of the board under subsection 16 (b)(4) or (5) who fails to attend three consecutive meetings 17 shall forfeit membership unless the president, upon written 18 request from the member, finds that the member should be excused 19 for good cause. 20 (j) Powers and duties.--The board shall have all of the 21 following powers and duties to administer this chapter: 22 (1) To contract for the development of an entrance 23 examination for each of the categories of licenses. The 24 entrance examinations shall, at a minimum, test an 25 applicant's knowledge of the laws of this Commonwealth and 26 the United States which are applicable to the practice of 27 that category of license. 28 (2) To develop applications and renewal applications for 29 each of the categories of licenses. 30 (3) To promulgate reasonable rules and regulations to 20070H0825B1402 - 10 -
1 carry out the provisions of this chapter. 2 (4) To establish monetary penalties and fees for 3 licenses, renewals, badges, pocket cards and other goods and 4 services provided by the board to licensees. Initial fees 5 shall be designed to recover the board's administrative 6 costs. If the funds raised by penalties and fees under this 7 chapter are not sufficient to meet the board's administrative 8 costs over a two-year period, the board may promulgate 9 regulations to increase those penalties and fees so that the 10 projected funds will meet the board's projected costs. 11 (5) To enforce the laws of this Commonwealth relating to 12 the practice of private investigators, security professionals 13 and fugitive recovery agents and to instruct and require 14 agents of the board to initiate appropriate proceedings for 15 unauthorized and unlawful practice. 16 (6) To take disciplinary action as described in this 17 chapter. In all disciplinary proceedings brought pursuant to 18 this chapter, the board shall have the power to administer 19 oaths, to summon witnesses and to compel the production of 20 documents in accordance with law. Upon the failure of any 21 person to appear or produce documents in accordance with the 22 board's order, the board may take appropriate action in 23 accordance with the act of October 15, 1980 (P.L.950, 24 No.164), known as the Commonwealth Attorneys Act, to enforce 25 compliance. 26 (7) To take appropriate actions to initiate injunction 27 and criminal prosecution proceedings in connection with the 28 unlawful and unauthorized practice of private investigators, 29 security professionals or fugitive recovery agents or other 30 violations of this chapter. Injunction and criminal 20070H0825B1402 - 11 -
1 proceedings shall be instituted in accordance with the 2 Commonwealth Attorneys Act. 3 (8) To keep a record of board proceedings. 4 (9) To keep a record of applications and renewal 5 applications, including a copy of all materials submitted 6 with applications and renewal applications. 7 (10) To keep records relating to all licensees directly 8 related to the practice of private investigators, security 9 professionals and fugitive recovery agents. 10 (11) To maintain an up-to-date roster showing the names 11 and business addresses of licensees. The roster shall be made 12 available to the public upon request and shall be posted on 13 the Internet. 14 (12) To establish a system which assures that licensees 15 receive timely information from the board regarding issues 16 affecting the practice and regulation of their license. The 17 system shall include the mailing of a renewal application 18 under section 308 (relating to license renewal) to each 19 licensee at the most recent address in the records of the 20 board. 21 (13) To design badges and pocket cards for each of the 22 categories of licenses. 23 (14) To approve badge designs submitted by a security 24 professional for use by employees of that security 25 professional. 26 (15) To conduct criminal history record checks as 27 provided in section 317 (relating to criminal history record 28 check). 29 (16) To develop and administer a mandatory continuing 30 professional education program for each of the categories of 20070H0825B1402 - 12 -
1 licenses, including the employees of a licensee. 2 (17) To develop and enforce rules of professional 3 conduct for each of the categories of licenses. 4 (18) To develop standards and practices, in 5 circumstances where an employee of the board has safety 6 concerns, to request aid from the chief law enforcement 7 officer, as defined under 42 Pa.C.S. § 8951 (relating to 8 definitions), of the political subdivision where any bureau, 9 agency, office or branch office of a licensee is located. 10 § 305. Deposit of funds. 11 Fees and penalties collected under this chapter shall be paid 12 into the account and used by the bureau and the board to 13 administer this chapter. 14 § 306. Licensure. 15 (a) Requirement.--Except as set forth in section 324 16 (relating to exclusions), all of the following shall apply: 17 (1) A private investigator's license is required in 18 order to practice as a private investigator. 19 (2) A security professional's license is required in 20 order to practice as a security professional. 21 (3) A fugitive recovery agent's license is required in 22 order to practice as a fugitive recovery agent after July 1, 23 2009. 24 (b) Employees.--A licensee may employ individuals to assist 25 the licensee. Nothing in this chapter shall require an employee 26 of a licensee to obtain a license. 27 (c) Qualifications.--All applicants for any license under 28 this chapter must meet all of the following: 29 (1) Be at least 25 years of age. 30 (2) Be a United States citizen. 20070H0825B1402 - 13 -
1 (3) Be of good moral character. 2 (4) Not be addicted to the habitual use of alcohol, 3 narcotics or other habit-forming drugs. 4 (5) Have a criminal history which does not include any 5 of the offenses listed under section 318 (relating to 6 prohibition). 7 (6) Qualify by successful completion of a professional 8 entrance examination for the category of license which is the 9 subject of the application. 10 (d) Additional qualifications.--An applicant for a specific 11 license shall meet the following specific additional 12 qualifications: 13 (1) In addition to the other requirements of this 14 chapter, a private investigator license shall not be issued 15 unless the applicant for the license has held one or more of 16 the following positions for a period of at least three years 17 and was not separated from the position for a period of more 18 than five years from the time of application: 19 (i) Worked as an investigator as a member of the 20 Pennsylvania State Police. 21 (ii) Worked as an investigator as a member of a 22 state, county or municipal police force. 23 (iii) Worked as an investigator as a member of a 24 United States or state investigative service. 25 (iv) Worked full time as a private investigator 26 licensed under the Private Detective Act of 1953. 27 (v) Worked full time under the direction of a 28 private investigator who is or was licensed under this 29 chapter or under the Private Detective Act of 1953. 30 (vi) Worked full time as an investigator or in a 20070H0825B1402 - 14 -
1 similar capacity for an insurance company in a special 2 investigation unit. 3 (vii) Worked full time as an attorney or an 4 investigator for an attorney or law firm. 5 (viii) Worked full time as an investigator for a 6 common carrier or any entity regulated by the 7 Pennsylvania Public Utility Commission. 8 (ix) Has other investigative or investigative 9 support experience that the board finds relevant to the 10 activities of a private investigator. 11 (2) In addition to the other requirements of this 12 chapter, a security professional license shall not be issued 13 unless the applicant for the license has held one or more of 14 the following positions for a period of at least three years 15 and was not separated from the position for a period of more 16 than five years from the time of application: 17 (i) Worked as a member of the Pennsylvania State 18 Police. 19 (ii) Worked as a member of a state, county or 20 municipal police force. 21 (iii) Worked as a sheriff or deputy sheriff. 22 (iv) Worked as a member of a Federal or state 23 investigative service. 24 (v) Worked full time under the direction of a 25 security professional who is or was licensed under this 26 chapter. 27 (vi) Worked full time as a private investigator 28 licensed under the Private Detective Act of 1953. 29 (vii) Worked full time under the direction of a 30 private investigator who was licensed under the Private 20070H0825B1402 - 15 -
1 Detective Act of 1953. 2 (viii) Has other security or security support 3 experience that the board finds relevant to the 4 activities of a security professional. 5 (3) In addition to the other requirements of this 6 chapter, a fugitive recovery agent license shall not be 7 issued unless the applicant for the license has held one or 8 more of the following positions for a period of at least 9 three years and was not separated from the position for a 10 period of more than five years from the time of application: 11 (i) Worked as a member of the Pennsylvania State 12 Police. 13 (ii) Worked as a member of a state, county or 14 municipal police force. 15 (iii) Worked as a sheriff or deputy sheriff. 16 (iv) Worked as a constable or deputy constable 17 certified to perform judicial duties under 42 Pa.C.S. Ch. 18 29 Subch. C (relating to constables). 19 (v) Worked as a member of a state or United States 20 investigative service. 21 (vi) Worked full time under the direction of a 22 fugitive recovery agent who is or was licensed under this 23 chapter. 24 (vii) Has other fugitive recovery or related 25 experience that the board finds relevant to the 26 activities of a fugitive recovery agent. 27 (viii) Worked as a fugitive recovery agent prior to 28 July 1, 2010. This subparagraph shall expire July 1, 29 2015. 30 (e) Education and part-time work experience.--The board may 20070H0825B1402 - 16 -
1 allow an applicant for any category of license under subsection 2 (d) to do any of the following: 3 (1) Substitute up to one year of relevant educational 4 experience for work experience required of an applicant under 5 subsection (d). 6 (2) Aggregate part-time work experience to reach the 7 minimum three years of the full time employment requirement 8 for an applicant under subsection (d). 9 (f) Application process.--An individual, corporation, 10 partnership, limited liability company or other legal entity 11 intending to be a licensee shall apply for a license as set 12 forth in this chapter. Applicants shall do all of the following: 13 (1) File an application and accompanying information as 14 described in subsection (g). 15 (2) Pay a fee as established by regulation of the board. 16 (3) Sit for an examination prepared and administered by 17 a third party approved by the board. 18 (g) Application and accompanying information.--An 19 application shall require the applicant to provide all of the 20 following: 21 (1) The applicant's full name, aliases, current and 22 previous occupations and information which demonstrates 23 compliance with the specific additional qualifications under 24 subsection (d) for that category of license. 25 (2) The applicant's date of birth, as evidenced by a 26 birth certificate or other documentation approved by the 27 board. 28 (3) The applicant's residences since 18 years of age or 29 for the last 15 years, whichever period of time is shorter. 30 (4) Two current CPIN-compatible photographs. 20070H0825B1402 - 17 -
1 (5) A statement whether the applicant applying for a 2 license intends to practice as an individual, corporation, 3 partnership, limited liability company or other legal entity. 4 If the applicant intends to practice as a corporation, 5 partnership, limited liability company or legal entity other 6 than an individual, the applicant shall identify all 7 principals of that entity and shall also provide all of the 8 following: 9 (i) The name and appropriate credentials of the 10 qualifying officer. 11 (ii) The name and principal business address of that 12 entity. 13 (iii) The articles of incorporation, partnership 14 agreement, certificate of organization or similar 15 governing document. 16 (iv) The name and address of all shareholders or 17 other owners of the corporation, partnership, limited 18 liability company or other legal entity. 19 (6) The location of each bureau, agency, office or 20 branch office. 21 (7) The applicant's signature. 22 (8) Two full sets of the applicant's fingerprints for 23 use in conducting a criminal history record check as provided 24 in section 317 (relating to criminal history record check). 25 (9) The payment of a bond and submission of proof of 26 insurance as required in section 315 (relating to bond and 27 insurance). 28 (10) Any other information which the board deems 29 appropriate. 30 (h) Issuance of license.-- 20070H0825B1402 - 18 -
1 (1) The board shall conduct an investigation of an 2 applicant, including a credit check, if the applicant has met 3 all of the following: 4 (i) Completed the application process under 5 subsection (f). 6 (ii) Been found to meet all of the qualifications in 7 subsection (c). 8 (iii) Been found to meet the additional 9 qualifications for the category of license in subsection 10 (d). 11 (2) If the board is satisfied that the applicant is fit 12 to practice, the board shall issue the applicant a license 13 and duplicates as provided in section 307 (relating to form 14 of license) and a pocket card and badge as provided in 15 section 313 (relating to pocket cards and badges). 16 (i) Term of license.--The term of a license shall be two 17 years. Renewal of a license shall be subject to section 308 18 (relating to license renewal). 19 (j) Current law enforcement officers.--Individuals currently 20 employed as a police officer, sheriff, deputy sheriff, probation 21 or parole officer or member of a Federal or state investigative 22 service shall not be: 23 (1) eligible for a license as a private investigator; or 24 (2) employed by a private investigator. 25 § 307. Form of license. 26 (a) Contents.--A license under this chapter shall contain 27 all of the following: 28 (1) The full name and title of the licensee. 29 (2) The location of each bureau, agency, office or 30 branch office for which the license was issued. 20070H0825B1402 - 19 -
1 (3) The expiration date. 2 (4) Any other information deemed appropriate by the 3 board. 4 (b) Duplicates.--A licensee shall, for a fee, be issued 5 duplicate licenses for display in each bureau, agency, office or 6 branch office included in the license application. 7 (c) Display.--A licensee shall post the license or a 8 duplicate in a conspicuous place in each bureau, agency, office 9 or branch office. 10 (d) Expiration.--A licensee shall surrender the license and 11 all duplicates to a designated location established by the board 12 within 15 days of expiration or after receipt of notice that the 13 license has been suspended or revoked by the board. A licensee 14 who fails to comply with this subsection commits a misdemeanor 15 of the third degree. 16 § 308. License renewal. 17 (a) General rule.--The following shall apply: 18 (1) The following may apply for a renewal of a license 19 under this section: 20 (i) A licensee whose license will expire within six 21 months of the date on the renewal application. 22 (ii) A licensee whose license has not been expired 23 for more than six months on the date of renewal 24 application. 25 (2) For the purposes of this subsection, the term 26 "licensee" shall include any individual, corporation, 27 partnership, limited liability company or other legal entity 28 licensed under the Private Detective Act of 1953 on the 29 effective date of this section who is applying for a license 30 as a private investigator or security professional under this 20070H0825B1402 - 20 -
1 chapter prior to the expiration of the license under the 2 Private Detective Act of 1953. The qualification by 3 successful completion of a professional entrance examination 4 in section 306(c)(6) (relating to licensure) and the required 5 additional qualifications of section 306(d) shall not apply 6 to a licensee under the Private Detective Act of 1953 who met 7 the work experience requirements under section 4(a) of that 8 act and is applying for renewal of a license as a private 9 investigator or security professional under this section. 10 (b) Renewal process.--A licensee applying for a renewal of a 11 license shall do all of the following: 12 (1) File a renewal application with the board. 13 (2) Pay a bond and provide proof of insurance as 14 required in section 315 (relating to bond and insurance). 15 (3) Pay a fee as established by regulation of the board. 16 (4) Provide two current CPIN-compatible photographs. 17 (5) Provide any other information which the board deems 18 appropriate. 19 (c) Issuance of renewal license.--Once a licensee has 20 completed the renewal process in subsection (b) and the board, 21 after investigation, is satisfied that the licensee is fit to 22 continue the practice of the license, the board shall issue the 23 applicant a license as provided in section 307 (relating to form 24 of license). 25 § 309. Change of residence or business location. 26 (a) Residence.--A licensee shall notify the board in writing 27 within 15 days of the licensee's change of residence. 28 (b) Business location.--A licensee shall notify the board in 29 writing within 15 days of the change of location of any bureau, 30 agency, office or branch office. Notice shall include the new 20070H0825B1402 - 21 -
1 location of the bureau, agency, office or branch office and the 2 date on which the change was effected. 3 (c) Notation on license and duplicates.--Pursuant to a 4 change of business location under subsection (b), a licensee 5 shall deliver the license and any duplicates to a designated 6 location established by the board. The board shall, at its 7 discretion, do one of the following: 8 (1) Note the change on the license and duplicates and 9 return the license and duplicates to the licensee. 10 (2) Issue a new license and duplicates for the unexpired 11 term of the license. 12 § 310. Expedited reciprocal licensing. 13 The board may, without examination, issue a license, pocket 14 card and badge to any individual, corporation, partnership, 15 limited liability company or other legal entity who is licensed 16 in another state in the same category of license if all of the 17 following apply: 18 (1) The individual or the officers of the corporation, 19 partnership, limited liability company or other legal entity 20 provide two full sets of fingerprints for the board to 21 conduct a criminal history record check under section 317 22 (relating to criminal history record check). 23 (2) The individual, corporation, partnership, limited 24 liability company or other legal entity pays a bond and 25 provides proof of insurance as required in section 315 26 (relating to bond and insurance). 27 (3) The individual, corporation, partnership, limited 28 liability company or other legal entity pays a fee as 29 established by regulation of the board. 30 (4) The individual or the officers of the corporation, 20070H0825B1402 - 22 -
1 partnership, limited liability company or other legal entity 2 provide two current CPIN-compatible photographs. 3 (5) The individual, corporation, partnership, limited 4 liability company or other legal entity establishes a bureau, 5 agency, office or branch office within this Commonwealth. 6 (6) The individual, corporation, partnership, limited 7 liability company or other legal entity provides any other 8 information which the board deems appropriate. 9 (7) The standards for licensing in the other state are, 10 in the board's opinion, sufficiently similar to the standards 11 under this chapter. 12 (8) The other state will license or certify Pennsylvania 13 licensees to practice in that state in a similar expedited 14 fashion. 15 § 311. Employees. 16 (a) General rule.--A licensee may employ as many individuals 17 as necessary to assist the licensee in the licensee's work. The 18 licensee shall at all times during the employment be responsible 19 for the reasonable supervision of each employee and accountable 20 for the employee's conduct. 21 (b) Employee statement.--A prospective employee shall 22 provide to the licensee all of the following: 23 (1) The prospective employee's full name, aliases, 24 current and previous occupations and Social Security number. 25 (2) The prospective employee's date of birth, as 26 evidenced by a birth certificate or other documentation 27 approved by the board. 28 (3) The prospective employee's residences since 18 years 29 of age or for the last 15 years, whichever period of time is 30 shorter. 20070H0825B1402 - 23 -
1 (4) Two current CPIN-compatible photographs. 2 (5) A statement indicating whether the employee has met 3 the requirements of the act of October 10, 1974 (P.L.705, 4 No.235), known as the Lethal Weapons Training Act or Chapter 5 11 (relating to lethal weapons training). 6 (6) A physical description. 7 (7) The prospective employee's signature. 8 (8) A statement indicating that the prospective employee 9 has not been convicted of an offense listed in section 318(c) 10 (relating to prohibition). 11 (9) Three full sets of the prospective employee's 12 fingerprints. One set shall be kept on file by the licensee, 13 and the other two shall be submitted to the board for use in 14 conducting a criminal history record check as provided in 15 section 317 (relating to criminal history record check). 16 (10) Any other information which the board deems 17 appropriate. 18 (c) Duty of licensee.--A licensee shall do all of the 19 following: 20 (1) Act with due diligence to reasonably verify the 21 truthfulness of the employee statement. 22 (2) Promptly transmit two sets of the fingerprints 23 provided pursuant to subsection (b)(9) to the board for use 24 in conducting a criminal history record check as provided in 25 section 317. 26 (3) Promptly transmit a CPIN-compatible photograph of 27 the employee provided pursuant to subsection (b)(4) to the 28 board for its use. 29 (4) Promptly transmit to the board any other information 30 which the board deems appropriate. 20070H0825B1402 - 24 -
1 (d) Duty of board.--The board shall promptly conduct a 2 criminal history record check on the prospective employee as 3 provided in section 317 and notify the licensee of the results. 4 (e) Penalties.--The following shall apply: 5 (1) A licensee who knowingly, recklessly or negligently 6 hires an individual who fails to fill out an employee 7 statement under subsection (b) or has been convicted of any 8 offense listed in section 318(c) (relating to prohibition) 9 commits a misdemeanor of the first degree. 10 (2) A licensee who knowingly, recklessly or negligently 11 files the fingerprints of an individual other than the 12 prospective employee in the prospective employee's name 13 commits a misdemeanor of the third degree. 14 (3) A licensee who fails to adequately or accurately 15 keep records of employees commits a misdemeanor of the third 16 degree. 17 § 312. Private investigator employees. 18 Any employee of a private investigator who, except as 19 provided by law, divulges information learned in that employee's 20 capacity to anyone other than the private investigator or to an 21 individual designated by the private investigator commits a 22 misdemeanor of the third degree. 23 § 313. Pocket cards and badges. 24 (a) Licensees.--Upon payment of a fee by the licensee, the 25 board shall issue the licensee a pocket card and a badge, which 26 shall be numbered. The pocket card shall be of the size and 27 design as the board shall designate and shall be 28 nontransferable. At a minimum, the pocket card shall include all 29 of the following: 30 (1) The licensee's name. 20070H0825B1402 - 25 -
1 (2) The licensee's CPIN-compatible photograph. 2 (3) The licensee's business name, if different than the 3 name under paragraph (1). 4 (4) Authenticity information such as license number, 5 date of expiration and the official State seal. 6 (b) Employees.--If a prospective employee of a licensee has 7 not been prohibited from being hired by the board, the board 8 shall issue to the licensee a pocket card which contains the 9 employee's CPIN-compatible photograph for use by the employee. 10 If the licensee does not employ the prospective employee for any 11 reason, the licensee shall return the pocket card to the board, 12 which shall destroy the returned pocket card. Failure of the 13 licensee to do any of the following shall constitute a summary 14 offense: 15 (1) Return a pocket card. 16 (2) Notify the board of the licensee's inability to 17 retrieve a pocket card from an employee. 18 (c) Renewal or replacement.--The following shall apply to 19 pocket card or badges: 20 (1) After payment of a fee as set by the board, the 21 board shall issue a licensee a new pocket card and badge or a 22 new pocket card for an employee if any of the following 23 apply: 24 (i) A pocket card or badge has been defaced, 25 damaged, stolen or lost. 26 (ii) The licensee has not been issued a pocket card 27 or badge or pocket cards for employees. 28 (2) The board may impose sanctions under section 321 29 (relating to sanctions) upon a licensee who reports multiple 30 or repeated lost or stolen pocket cards, badges or employee 20070H0825B1402 - 26 -
1 pocket cards. 2 (d) Holders of pocket cards and badges.--It shall be 3 unlawful for a licensee or an employee of a licensee to lend or 4 to transfer the pocket card or badge or to allow any other 5 individual to use, wear or display a pocket card or badge. A 6 licensee or employee who violates this subsection commits a 7 misdemeanor of the third degree. 8 § 314. Firearms. 9 Licensees and their employees shall be authorized to carry a 10 lethal weapon in the course of their employment if they are in 11 compliance with or are exempt from the requirements of the act 12 of October 10, 1974 (P.L.705, No.235), known as the Lethal 13 Weapons Training Act or Chapter 11 (relating to lethal weapons 14 training). 15 § 315. Bond and insurance. 16 (a) General rule.--An applicant for a license and licensees 17 seeking renewal of a license shall deliver to the board a bond 18 in an amount set by the board. 19 (b) Corporate surety.--A bond required under subsection (a) 20 shall be written by a corporate surety company authorized to do 21 business in this Commonwealth as a surety and shall be executed 22 in the name of the Commonwealth. 23 (c) Proof of general liability insurance.--All applicants 24 and licensees seeking renewal of licenses shall provide proof of 25 general liability insurance in an amount set by the board, but 26 not less than $1,000,000. 27 (d) Proof of workers' compensation insurance.--All 28 applicants for licenses and licensees seeking renewal of 29 licenses shall provide proof of compliance with or exemption 30 from the act of June 2, 1915 (P.L.736, No.338), known as the 20070H0825B1402 - 27 -
1 Workers' Compensation Act. 2 (e) Change of bond or insurance.--A licensee shall notify 3 the board within 15 days of any change relating to a bond or 4 insurance under this section. 5 (f) Loss of bond or insurance.--A licensee who fails to 6 maintain a bond or insurance in an amount set by the board shall 7 immediately suspend activity pursuant to the license until a new 8 bond or insurance is acquired. 9 (g) Deposit in lieu of bond and insurance.--Upon determining 10 that a corporate surety bond as required by subsections (a) and 11 (b) or general liability insurance as required by subsection (c) 12 is not commercially available to a category of licensees, the 13 board may accept from a licensee in that category, in lieu of 14 bond or insurance, any of the following in an amount set by the 15 board: 16 (1) A deposit of cash. 17 (2) A certified check. 18 (3) An irrevocable letter of credit. 19 (h) Amount of deposit.--When establishing an amount in lieu 20 of general liability insurance under subsection (g), the board 21 may do all of the following: 22 (1) Disregard the minimum amounts under subsection (c). 23 (2) Impose additional requirements as will, in the 24 board's discretion, offer some assurance of recovery for an 25 injured party. 26 § 316. Licensure of corporations and other legal entities. 27 (a) Licensing.--If a corporation, partnership, limited 28 liability company or other legal entity other than a natural 29 person applies for or has one or more categories of licenses 30 under this chapter, the requirements of licensing for that 20070H0825B1402 - 28 -
1 category under this chapter, except the qualification by 2 examination under section 306(c)(6) (relating to licensure) and 3 the required additional qualifications of section 306(d), shall 4 apply to the president, treasurer and secretary of the 5 corporation or equivalent officers of a partnership, limited 6 liability company or other legal entity. At least one officer, 7 known as a qualifying officer, shall meet one of the following 8 requirements for each category of license: 9 (1) Fulfillment of the requirements of section 306(c)(6) 10 and (d). 11 (2) Possession of the category of license under this 12 chapter. 13 (3) Entitlement to apply for renewal pursuant to section 14 308(a) (relating to license renewal) for that category of 15 license held by the corporation, partnership, limited 16 liability company or other legal entity. 17 (b) Qualifying officers.--Unless an officer of a 18 corporation, partnership, limited liability company or other 19 legal entity meets one of the following requirements, the 20 officer shall not receive a pocket card or badge identifying the 21 officer as a licensee under section 313(a) (relating to pocket 22 cards and badges) or be eligible for appointment to the board as 23 one of the professional members under section 304(b)(5) 24 (relating to board): 25 (1) Fulfillment of the requirements of section 306(c)(6) 26 and (d). 27 (2) Possession of a license under this chapter. 28 (3) Entitlement to apply for renewal pursuant to section 29 308(a). 30 (c) Successors.--In case of death, resignation or removal of 20070H0825B1402 - 29 -
1 an officer of a corporation, partnership, limited liability 2 company or other legal entity, all of the following shall apply: 3 (1) The successor officer must comply with this section. 4 (2) Notice must be provided in writing to the board 5 regarding the death, resignation or removal. 6 (3) A copy of the minutes of any meeting of the board of 7 directors or similar body regarding the death, resignation or 8 removal of an officer and designation of a successor must be 9 provided to the board. 10 § 317. Criminal history record check. 11 (a) General rule.--The board shall conduct a criminal 12 history record check, as provided under subsection (b), on each 13 applicant for a license, each licensee applying for renewal and 14 each employee of a licensee. 15 (b) Records check.--The board shall do all of the following: 16 (1) Obtain a report of criminal history record 17 information from the central repository pursuant to 18 18 Pa.C.S. Ch. 91 (relating to criminal history record 19 information). 20 (2) Submit a set of fingerprints to the Pennsylvania 21 State Police to provide to the Federal Bureau of 22 Investigation for Federal criminal history record information 23 pursuant to the Federal Bureau of Investigation appropriation 24 of Title II of Public Law 92-544, 86 Stat. 1115. The board 25 shall be the intermediary for the purposes of this paragraph. 26 (3) Conduct additional research concerning an 27 applicant's, licensee's or employee's criminal history as the 28 board deems necessary. 29 § 318. Prohibition. 30 (a) Applicant.--In no case shall a license be issued to an 20070H0825B1402 - 30 -
1 applicant or a renewal license issued to a licensee if the 2 applicant's or licensee's criminal history record information 3 indicates the applicant has been convicted of any offense under 4 subsection (c). 5 (b) Licensee.--The board shall revoke the license of any 6 licensee who is convicted of an offense under subsection (c). 7 (c) Prohibited offenses.--The following shall include 8 prohibited offenses: 9 (1) An offense designated as a felony under the act of 10 April 14, 1972 (P.L.233, No.64), known as The Controlled 11 Substance, Drug, Device and Cosmetic Act. 12 (2) An offense under one or more of the following 13 provisions of 18 Pa.C.S. (relating to crimes and offenses): 14 Chapter 25 (relating to criminal homicide). 15 Chapter 27 (relating to assault) where the offense is 16 graded higher than a summary offense. 17 Chapter 29 (related to kidnapping). 18 Chapter 31 (relating to sexual offenses). 19 Section 3301 (relating to arson and related 20 offenses). 21 Section 3502 (relating to burglary). 22 Chapter 37 (relating to robbery). 23 Chapter 39 (relating to theft and related offenses) 24 where the offense is graded higher than a summary 25 offense. 26 Chapter 41 (relating to forgery and fraudulent 27 practices). 28 Chapter 43 (relating to offenses against the family). 29 Chapter 47 (relating to bribery and corrupt 30 influence). 20070H0825B1402 - 31 -
1 Chapter 49 (relating to falsification and 2 intimidation). 3 Chapter 53 (relating to abuse of office). 4 Chapter 55 (relating to riot, disorderly conduct and 5 related offenses) where the offense is graded higher than 6 a summary offense, except for an offense under section 7 5503 (relating to disorderly conduct) regardless of the 8 grading of the offense. 9 Chapter 57 (relating to wiretapping and electronic 10 surveillance). 11 Chapter 59 (relating to public indecency). 12 Chapter 61 (relating to firearms and other dangerous 13 articles) where the offense is graded higher than a 14 summary offense. 15 Chapter 63 (relating to minors) where the offense is 16 graded higher than a summary offense. 17 (3) An offense related to misconduct in public office, 18 including tampering, bribery, making false statements or 19 impersonation. 20 (4) A Federal or out-of-State offense similar in nature 21 to those listed in paragraph (1), (2) or (3). 22 (5) An attempt, solicitation or conspiracy to commit any 23 of the offenses listed in paragraph (1), (2), (3) or (4). 24 § 319. Title and utilization. 25 (a) Private investigator licensee.--A private investigator 26 licensee has the right to use the title "private investigator" 27 or "private detective" and the abbreviation "P.I." 28 (b) Security professional licensee.--A security professional 29 licensee has the right to use the title "security professional." 30 (c) Fugitive recovery agent licensee.--A fugitive recovery 20070H0825B1402 - 32 -
1 agent licensee has the right to use the title "bounty hunter" or 2 "fugitive recovery agent." 3 § 320. Rules of professional conduct. 4 (a) General rule.--The following constitute the rules of 5 professional conduct for all licensees and employees: 6 (1) A licensee and all employees shall carry out the 7 licensed practice with reasonable skill. 8 (2) A licensee and all employees shall not violate any 9 regulation or order of the board. 10 (3) A licensee and all employees shall not practice or 11 attempt to practice beyond a licensee's defined scope of 12 practice. 13 (4) A licensee and all employees shall not knowingly 14 aid, assist or provide advice to encourage the unlawful 15 practice of a profession licensed under this chapter. 16 (5) A licensee and all employees shall not violate any 17 other rule of professional conduct as promulgated by 18 regulation of the board. 19 (b) Private investigator licensees.--A private investigator 20 licensee or employee of the licensee who is asked to locate a 21 person shall make a reasonable effort to determine the reason 22 for the inquiry. 23 § 321. Sanctions. 24 (a) Discretionary.--The following shall apply to 25 discretionary sanctions: 26 (1) If the board finds that a licensee has violated any 27 of the rules of professional conduct, has engaged in any 28 conduct prohibited by this chapter or has failed to fulfill 29 any duties imposed by this chapter, the board may administer 30 the following sanctions: 20070H0825B1402 - 33 -
1 (i) Suspend enforcement of its finding and place a 2 licensee on probation with the right to vacate the 3 probationary order for noncompliance. 4 (ii) Administer a public reprimand. 5 (iii) Impose an administrative penalty of up to 6 $5,000. 7 (iv) Suspend the license. 8 (v) Revoke the license. 9 (2) The board may vacate a sanction if it determines 10 that vacation is just and reasonable. 11 (b) Mandatory.--The following shall apply to mandatory 12 sanctions: 13 (1) The board shall suspend a license if any of the 14 following apply: 15 (i) The licensee is committed to an institution 16 because of mental incompetence from any cause. 17 (ii) The licensee is convicted of any prohibited 18 offense as provided in section 318(c) (relating to 19 prohibition). 20 (2) Automatic suspension under this subsection shall not 21 be stayed pending any appeal of a conviction. 22 (c) Administrative agency law.--This section shall be 23 subject to 2 Pa.C.S. Ch. 5 Subch A. (relating to practice and 24 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating 25 to judicial review of Commonwealth agency action). 26 (d) Return of license.--The board shall require a licensee 27 whose license has been suspended or revoked to return the 28 license as provided in section 307(d) (relating to form of 29 license). 30 § 322. Injunction. 20070H0825B1402 - 34 -
1 The board may seek injunctive relief in a court of competent 2 jurisdiction to enjoin a person from committing any violation of 3 this chapter. Relief under this section shall be in addition to 4 and not in lieu of all remedies and penalties under sections 321 5 (relating to sanctions), 323 (relating to unlawful acts) and 6 other penalties or remedies provided for in this chapter. 7 § 323. Unlawful acts. 8 (a) Unlawful practice.--A person commits a misdemeanor of 9 the second degree if the person does any of the following: 10 (1) Without being licensed, engages in the practice of 11 one of the categories of license under this chapter. 12 (2) Falsely pretends to hold a license under this 13 chapter WITH INTENT TO INDUCE ANOTHER TO SUBMIT TO THE <-- 14 PRETENDED OFFICIAL AUTHORITY OR OTHERWISE TO ACT IN RELIANCE 15 UPON THAT PRETENSE TO THE OTHER'S PREJUDICE. 16 (3) Falsely pretends to be an employee of a licensee 17 under this chapter WITH INTENT TO INDUCE ANOTHER TO SUBMIT TO <-- 18 THE PRETENDED OFFICIAL AUTHORITY OR OTHERWISE TO ACT IN 19 RELIANCE UPON THAT PRETENSE TO THE OTHER'S PREJUDICE. 20 (4) Possesses a forged or counterfeit license, pocket 21 card or badge in furtherance of paragraph (2) or (3). 22 (5) Performs any other action in furtherance of a false 23 pretense under paragraph (2) or (3). 24 (b) Fraud.--A person who sells, fraudulently obtains or 25 fraudulently furnishes a license, pocket card or badge commits a 26 misdemeanor of the second degree. 27 (c) Unlawful use of title.--A person who uses a title or 28 abbreviation in violation of section 319 (relating to title and 29 utilization) commits a misdemeanor of the third degree. 30 (d) Penalties to be in addition to other penalties.--A 20070H0825B1402 - 35 -
1 penalty imposed under this section shall be in addition to other 2 criminal penalties provided for in this chapter 3 § 324. Exclusions. 4 (a) General rule.--Nothing in this chapter shall be 5 construed as preventing, restricting or requiring licensure of 6 an individual, while engaged in the official performance of his 7 duties, who is in the exclusive employment of any of the 8 following: 9 (1) The Federal Government. 10 (2) The Commonwealth or any of its political 11 subdivisions. 12 (3) Any other state or political subdivision of a state, 13 including the District of Columbia, the Commonwealth of 14 Puerto Rico and the territories and possessions of the United 15 States. 16 (b) Private investigator's license.--The following shall not 17 be required to obtain a private investigator's license: 18 (1) An individual exclusively employed by a credit 19 bureau whose responsibility is to collect information as to 20 an individual's creditworthiness or financial condition, 21 while engaged in the duties of such employment. 22 (2) An individual exclusively employed for one insurance 23 company, while engaged in the duties of such employment, as 24 an investigator in a special investigation unit or similar 25 capacity. 26 (3) An attorney or an individual exclusively employed as 27 an investigator for one attorney or law firm, while engaged 28 in the duties of such employment. 29 (4) An individual in the exclusive employment of a 30 common carrier subject to Federal regulation or regulation by 20070H0825B1402 - 36 -
1 the Pennsylvania Public Utility Commission, while engaged in 2 the duties of such employment. 3 (5) An individual in the exclusive employment of a 4 telephone, telegraph or other telecommunications company 5 subject to regulation by the Federal Communications 6 Commission or the Pennsylvania Public Utility Commission, 7 while engaged in the duties of such employment. 8 (6) A license holder or corporation or other entity 9 licensed as a private investigative agency in this 10 Commonwealth under the Private Detective Act of 1953 before 11 the effective date of this chapter, if the license has not 12 expired. 13 (7) An employee of a licensee under paragraph (6). 14 (8) A holder of a license as a private investigator or 15 private detective from another state or jurisdiction or an 16 employee of the licensee, for the purpose of investigating a 17 single case which originated in the state or jurisdiction 18 where the license is held. The individual shall notify the 19 board, as soon as practical, of the nature of the 20 investigation. 21 (9) An employer, or a third party acting on behalf of an 22 employer, conducting a background check upon an applicant or 23 employee with the written consent of the applicant or 24 employee. For the purposes of this paragraph, the term 25 employer shall include any volunteer organization conducting 26 a background check upon a volunteer or prospective volunteer. 27 (10) An individual who accesses public records without 28 compensation or other remuneration. 29 (c) Security professional license.--An individual, while 30 engaged in the official performance of the individual's duties, 20070H0825B1402 - 37 -
1 who is in the exclusive employment of a foreign government, 2 shall not be required to obtain a security professional's 3 license. 4 (d) Fugitive recovery agent's license.--The following shall 5 not be required to obtain a fugitive recovery agent's license: 6 (1) A professional bondsman licensed under 42 Pa.C.S. § 7 5743 (relating to issuance of license) or an employee of the 8 bondsman. 9 (2) A fidelity or surety company which acts as surety on 10 an undertaking under 42 Pa.C.S. § 5747 (relating to 11 statements by fidelity or surety companies) or an employee of 12 the fidelity or surety company. 13 (3) An individual, corporation, partnership, limited 14 liability company or other legal entity licensed as a private 15 investigator under this chapter or an employee of the 16 licensee. 17 (4) An individual listed under subsection (b)(6) or (7). 18 (5) A holder of license as a bail bondsman, bounty 19 hunter, fugitive recovery agent or similar license from 20 another state or jurisdiction or employee of the licensee, 21 for the purpose of capturing a fugitive who fled from the 22 state or jurisdiction where the license is held. The 23 individual shall, before attempting apprehension of the 24 fugitive, notify both the board and the chief law enforcement 25 officer, as defined in 42 Pa.C.S. § 8951 (relating to 26 definitions), of the political subdivision where the fugitive 27 is located. 28 (6) A holder of a license as a private investigator or 29 private detective from another state or jurisdiction or 30 employee of the licensee, for the purpose of capturing a 20070H0825B1402 - 38 -
1 fugitive who fled from the state or jurisdiction where the 2 license is held. The individual shall, before attempting 3 apprehension of the fugitive, notify both the board and the 4 chief law enforcement officer, as defined in 42 Pa.C.S. § 5 8951, of the political subdivision where the fugitive is 6 located. 7 (7) A constable or deputy constable certified to perform 8 judicial duties under 42 Pa.C.S. Ch. 29 Subch. C (relating to 9 constables). 10 (e) Other exclusions.--The board may by regulation exclude 11 other individuals or entities from the licensing requirements 12 under this chapter. 13 § 325. Restrictions on public disclosure. 14 The following information in the possession of the board 15 shall not be subject to access under the act of June 21, 1957 16 (P.L.390, No.212), referred to as the Right-to-Know Law: 17 (1) The residence address or former residence address of 18 any applicant, licensee or employee. 19 (2) The date of birth of any applicant, licensee or 20 employee. 21 (3) The fingerprints of any applicant, licensee or 22 employee. 23 (4) Any criminal history record information of an 24 applicant, licensed or employee. 25 CHAPTER 11 26 LETHAL WEAPONS TRAINING 27 Sec. 28 1101. Legislative findings and purpose. 29 1102. Definitions. 30 1103. Education and training program. 20070H0825B1402 - 39 -
1 1104. Powers and duties of commissioner. 2 1105. Certificate of qualification. 3 1106. Certification and fee. 4 1107. Good standing. 5 1108. Retired police officers. 6 1109. Penalties. 7 1110. Prohibited acts. 8 1111. Active police officers. 9 § 1101. Legislative findings and purpose. 10 The following shall apply: 11 (1) The General Assembly finds that there are private 12 detectives, investigators, watchmen, security guards, 13 patrolmen and fugitive recovery agents, privately employed 14 within this Commonwealth who carry and use lethal weapons, 15 including firearms, as an incidence of their employment and 16 that there have been various tragic incidents involving these 17 individuals which occurred because of unfamiliarity with the 18 handling of weapons. The General Assembly also finds that 19 there is presently no training required for privately 20 employed agents in the handling of lethal weapons or in the 21 knowledge of law enforcement and the protection of rights of 22 citizens, and that the training would be beneficial to the 23 safety of the citizens of this Commonwealth. 24 (2) It is the purpose of this chapter to provide for the 25 education, training and certification of privately employed 26 agents who, as an incidence to their employment, carry lethal 27 weapons through a program administered or approved by the 28 Commissioner of Pennsylvania State Police. 29 § 1102. Definitions. 30 The following words and phrases when used in this chapter 20070H0825B1402 - 40 -
1 shall have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Commissioner." The Commissioner of Pennsylvania State 4 Police. 5 "Full-time police officer." Any employee of a city, borough, 6 town, township or county police department assigned to law 7 enforcement duties who works a minimum of 200 days per year. The 8 term does not include persons employed to check parking meters 9 or to perform only administrative duties, nor does it include 10 auxiliary and fire police. 11 "Lethal weapons." The term includes firearms and other 12 weapons calculated to produce death or serious bodily harm. A 13 concealed billy club is a lethal weapon. Chemical mace or any 14 similar substance shall not be considered as "lethal weapons" 15 for the purposes of this chapter. 16 "Privately employed agents." Any person employed for the 17 purpose of providing watch guard, protective patrol, fugitive 18 recovery, bail enforcement, bail recovery, detective or criminal 19 investigative services either for another for a fee or for the 20 person's employer. The term includes any licensee or employee of 21 a licensee, under Chapter 3 (relating to private investigators, 22 security professionals and fugitive recovery agents) and a 23 police officer of a municipal authority. The term shall not 24 include Federal, State or local government employees or those 25 police officers commissioned by the Governor under the former 26 act of February 27, 1865 (P.L.225, No.228), entitled "An act 27 empowering railroad companies to employ police force" or Chapter 28 33 (relating to railroad and street railway police). 29 "Program." The education and training program established 30 and administered or approved by the Commissioner of Pennsylvania 20070H0825B1402 - 41 -
1 State Police in accordance with this chapter. 2 § 1103. Education and training program. 3 (a) Establishment.--An education and training program in the 4 handling of lethal weapons, law enforcement and protection of 5 rights of citizens shall be established and administered or 6 approved by the commissioner in accordance with the provisions 7 of this chapter. 8 (b) Requirement.--All privately employed agents, except 9 those who have been granted a waiver from compliance with this 10 chapter by the commissioner who, as an incidence to their 11 employment, carry a lethal weapon shall be required to attend 12 the program established by subsection (a) in accordance with the 13 requirements or regulations established by the commissioner and, 14 upon satisfactory completion of the program, shall be entitled 15 to certification by the commissioner. 16 (c) Alternate programs prohibited.--Except for colleges and 17 universities, no nongovernment employer of a privately employed 18 agent who, as an incidence to the privately employed agent's 19 employment, carries a lethal weapon, shall own, operate or 20 otherwise participate in, directly or indirectly, the 21 establishment or administration of the program established by 22 subsection (a). 23 § 1104. Powers and duties of commissioner. 24 The commissioner shall have the power and duty to do all of 25 the following: 26 (1) To implement and administer or approve the minimum 27 courses of study and training for the program in the handling 28 of lethal weapons, law enforcement and protection of the 29 rights of citizens. 30 (2) To implement and administer or approve physical and 20070H0825B1402 - 42 -
1 psychological testing and screening of the candidate for the 2 purpose of barring from the program those not physically or 3 mentally fit to handle lethal weapons. Candidates who are 4 full-time police officers and have successfully completed a 5 physical and psychological examination as a prerequisite to 6 employment or to continued employment by their local police 7 departments or who have been continuously employed as full- 8 time police officers since June 18, 1974, shall not be 9 required to undergo any physical or psychological testing and 10 screening procedures implemented under this paragraph. 11 (3) To issue certificates of approval to schools 12 approved by the commissioner and to withdraw certificates of 13 approval from those schools disapproved by the commissioner. 14 (4) To certify instructors pursuant to the minimum 15 qualifications established by the commissioner. 16 (5) To consult and cooperate with universities, 17 colleges, community colleges and institutes for the 18 development of specialized courses in handling lethal 19 weapons, law enforcement and protection of the rights of 20 citizens. 21 (6) To consult and cooperate with departments and 22 agencies of this Commonwealth and other states and the 23 Federal Government concerned with similar training. 24 (7) To certify those individuals who have satisfactorily 25 completed basic educational and training requirements as 26 established by the commissioner and to issue appropriate 27 certificates to those persons. 28 (8) To visit and inspect approved schools at least once 29 a year. 30 (9) In the event that the commissioner implements and 20070H0825B1402 - 43 -
1 administers a program, to collect reasonable charges from the 2 students enrolled therein to pay for the costs of the 3 program. 4 (10) To make rules and regulations and to perform other 5 duties as may be reasonably necessary or appropriate to 6 implement the education and training program. 7 (11) To grant waivers from compliance with the 8 provisions of this chapter applicable to privately employed 9 agents who have completed a course of instruction in a 10 training program approved by the commissioner. 11 § 1105. Certificate of qualification. 12 (a) Application.--Any person desiring to enroll in a program 13 shall make application to the commissioner on a form to be 14 prescribed by the commissioner. 15 (b) Contents.--The application shall be signed and verified 16 by the applicant. It shall include the applicant's full name, 17 age, residence, present and previous occupations and any other 18 information that may be required by the commissioner to show the 19 good character, competency and integrity of the applicant. 20 (c) Presentation.--The application shall be personally 21 presented by the applicant at an office of the Pennsylvania 22 State Police where the applicant's fingerprints shall be affixed 23 to the application. The application shall be accompanied by two 24 current photographs of the applicant of a size and nature to be 25 prescribed by the commissioner and an application fee set under 26 section 616-A of the act of April 9, 1929 (P.L.177, No.175), 27 known as The Administrative Code of 1929, unless the applicant 28 is a full-time police officer, in which case no application fee 29 shall be required. The application shall then be forwarded to 30 the commissioner. 20070H0825B1402 - 44 -
1 (d) Examination.--The fingerprints of the applicant shall be 2 examined by the Pennsylvania State Police and the Federal Bureau 3 of Investigation to determine if the applicant has been 4 convicted of or has pleaded guilty or nolo contendere to a crime 5 of violence. The commissioner shall have the power to waive the 6 requirement of the Federal Bureau of Investigation examination. 7 Any fee charged by the Federal agency shall be paid by the 8 applicant. 9 (e) Age requirement.--No application shall be accepted if 10 the applicant is 17 years of age or younger. 11 (f) Process.--After the application has been processed and 12 if the commissioner determines that the applicant is 18 years of 13 age and has not been convicted of or has not pleaded guilty or 14 nolo contendere to a crime of violence and has satisfied any 15 other requirements prescribed by the commissioner under the 16 commissioner's powers and duties under section 1104 (relating to 17 powers and duties of commissioner), the commissioner shall issue 18 a certificate of qualification which shall entitle the applicant 19 to enroll in an approved program. 20 § 1106. Certification and fee. 21 (a) Fee.--A certification fee set under section 616-A of the 22 act of April 9, 1929 (P.L.177, No.175), known as The 23 Administrative Code of 1929, shall be paid by each individual 24 satisfactorily completing the program prior to the receipt of a 25 certificate. 26 (b) Certificate.--The commissioner shall furnish to each 27 individual satisfactorily completing the program, an appropriate 28 wallet or billfold size copy of the certificate, which shall 29 include a photograph of the individual. 30 (c) Identification.--Every certified individual shall carry 20070H0825B1402 - 45 -
1 the wallet or billfold size certificate on the certified 2 individual's person as identification during the time when the 3 certified individual is on duty or going to and from duty and 4 carrying a lethal weapon. 5 (d) Time period.--Certification shall be for a period of 6 five years. 7 (e) Renewal.--Privately employed agents who, as an incidence 8 to their employment, carry a lethal weapon shall be required to 9 renew their certification within six months prior to the 10 expiration of their certificate. The commissioner shall 11 prescribe the manner in which the certification shall be renewed 12 and may charge a nominal renewal fee set under The 13 Administrative Code of 1929. 14 § 1107. Good standing. 15 (a) Possession.--Privately employed agents must possess a 16 valid certificate whenever on duty or going to and from duty and 17 carrying a lethal weapon. 18 (b) Discharge.--Whenever an employer of a privately employed 19 agent subject to the provisions of this chapter discharges the 20 agent for cause, the employer shall notify the commissioner of 21 the discharge within five days. 22 (c) Revocation.--The commissioner may revoke and invalidate 23 any certificate issued to a privately employed agent under this 24 chapter whenever the commissioner learns that false, fraudulent 25 or misstated information appears on the original or renewal 26 application or of a change of circumstances that would render an 27 employee ineligible for original certification. 28 § 1108. Retired police officers. 29 (a) Initial certification.--A nondisability retired police 30 officer of a Pennsylvania municipality or the Pennsylvania State 20070H0825B1402 - 46 -
1 Police shall be initially certified under this chapter and need 2 not meet the training and qualification standards or physical 3 and psychological qualifications under this chapter if the 4 officer was a full-time police officer for at least 20 years, 5 retired in good standing and has assumed the duties of a 6 privately employed agent on or before three years from the date 7 of his retirement. If a retired police officer commences duties 8 as a privately employed agent after three years from the date of 9 the retired officer's retirement, the retired officer must meet 10 the physical and psychological requirements of this chapter for 11 certification under this section. 12 (b) Fee.--A retired police officer initially certified under 13 this section shall not be required to pay the application fee 14 but shall pay the certification fee upon the submission of a 15 completed application provided by the commissioner. 16 § 1109. Penalties. 17 (a) Misdemeanor offense.--Any privately employed agent who 18 in the course of the agent's employment carries a lethal weapon 19 and who fails to comply with section 1103(b) (relating to 20 education and training program) or with section 1107(a) 21 (relating to good standing) commits a misdemeanor and shall, 22 upon conviction, be subject to imprisonment of not more than one 23 year or payment of a fine not exceeding $1,000 or both. 24 (b) Summary offense.--Any privately employed agent who in 25 the course of the agent's employment carries a lethal weapon and 26 who violates section 1107(c) commits a summary offense and 27 shall, upon conviction, pay a fine not exceeding $50. 28 § 1110. Prohibited acts. 29 No individual certified under this chapter shall carry an 30 inoperative or model firearm while employed and shall carry only 20070H0825B1402 - 47 -
1 a powder actuated firearm approved by the commissioner. 2 § 1111. Active police officers. 3 All active police officers subject to the training provisions 4 of 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police 5 education and training) shall be granted a waiver of the 6 training requirements of this chapter upon presentation to the 7 commissioner of evidence of their completion of the training 8 requirements of 53 Pa.C.S. Ch. 21 Subch. D and the successful 9 completion of a biennial firearms qualification examination 10 administered by their respective police agency. 11 Section 5 4. The following shall apply: <-- 12 (1) An individual, corporation, partnership, limited 13 liability company or other legal entity licensed under the 14 former act of August 21, 1953 (P.L.1273, No. 361), known as 15 The Private Detective Act of 1953, on the effective date of 16 this section shall be deemed to be licensed as both a private 17 investigator and a security professional under 22 Pa.C.S. Ch. 18 3 for the balance of the term of the license issued under the 19 former act known as The Private Detective Act of 1953. 20 (2) Nothing in 22 Pa.C.S. Ch. 3 shall require fugitive 21 recovery agents to obtain a license or comply with Chapter 3 22 until July 1, 2010. 23 Section 6 5. The following shall apply: <-- 24 (1) The sum of $150,000, or as much thereof as may be 25 necessary, is hereby appropriated from the Professional 26 Licensure Augmentation Account for the fiscal year July 1, 27 2007, to June 30, 2008, for the operation of the State Board 28 of Private Investigators, Security Professionals and Fugitive 29 Recovery Agents to carry out the provisions of 22 Pa.C.S. Ch. 30 3. The appropriation shall be a continuing appropriation 20070H0825B1402 - 48 -
1 until June 30, 2011, at which time any unexpended funds shall 2 lapse into the account. 3 (2) The appropriation under paragraph (1) shall be 4 repaid by the board to the account within three years of the 5 beginning of issuance of licenses by the board. 6 Section 7 6. The provisions of this act are severable. If <-- 7 any provision of this act or its application to any person or 8 circumstance is held invalid, the invalidity shall not affect 9 other provisions or applications of this act which can be given 10 effect without the invalid provision or application. 11 Section 8 7. Repeals are as follows: <-- 12 (1) (i) The General Assembly declares that the repeal 13 under subparagraph (ii) is necessary to effectuate the 14 addition of 22 Pa.C.S. Ch. 3. 15 (ii) The act of August 21, 1953 (P.L.1273, No.361), 16 known as The Private Detective Act of 1953, is repealed. 17 (2) (i) The General Assembly declares that the repeal 18 under subparagraph (ii) is necessary to effectuate the 19 addition of 22 Pa.C.S. Ch. 11. 20 (ii) The act of October 10, 1974 (P.L.705, No.235), 21 known as the Lethal Weapons Training Act, is repealed. 22 (3) All acts and parts of acts are repealed insofar as 23 they are inconsistent with this act. 24 Section 9 8. The addition of 22 Pa.C.S. Ch. 3 is a <-- 25 continuation of the act of August 21, 1953 (P.L.1273, No.361), 26 known as The Private Detective Act of 1953. Except as otherwise 27 provided in 22 Pa.C.S. Ch. 3, all activities initiated under The 28 Private Detective Act shall continue and remain in full force 29 and effect and may be completed under 22 Pa.C.S. Ch. 3. Orders, 30 regulations, rules and decisions which were made under The 20070H0825B1402 - 49 -
1 Private Detective Act and which are in effect on the effective 2 date of section 8(1)(ii) 7(1)(II) of this act shall remain in <-- 3 full force and effect until revoked, vacated or modified under 4 22 Pa.C.S. Ch. 3. Contracts, obligations and collective 5 bargaining agreements entered into under The Private Detective 6 Act are not affected nor impaired by the repeal of The Private 7 Detective Act. 8 Section 10 9. The addition of 22 Pa.C.S. Ch. 11 is a <-- 9 continuation of the act of October 10, 1974 (P.L.705, No.235), 10 known as the Lethal Weapons Training Act. The following apply: 11 (1) Except as otherwise provided in 22 Pa.C.S. Ch. 11, 12 all activities initiated under the Lethal Weapons Training 13 Act shall continue and remain in full force and effect and 14 may be completed under 22 Pa.C.S. Ch. 11. Orders, 15 regulations, rules and decisions which were made under the 16 Lethal Weapons Training Act and which are in effect on the 17 effective date of section 8(2)(ii) 7(2)(II) of this act shall <-- 18 remain in full force and effect until revoked, vacated or 19 modified under 22 Pa.C.S. Ch. 11. Contracts, obligations and 20 collective bargaining agreements entered into under the 21 Lethal Weapons Training Act are not affected nor impaired by 22 the repeal of the Lethal Weapons Training Act. 23 (2) Except as set forth in paragraph (3), any difference 24 in language between 22 Pa.C.S. Ch. 11 and the Lethal Weapons 25 Training Act is intended only to conform to the style of the 26 Pennsylvania Consolidated Statutes and is not intended to 27 change or affect the legislative intent, judicial 28 construction or administration and implementation of the 29 Lethal Weapons Training Act. 30 (3) Paragraph (2) does not apply to the addition of the 20070H0825B1402 - 50 -
1 definition of "privately employed agents" in 22 Pa.C.S. § 2 1102. 3 Section 11 10. This act shall take effect as follows: <-- 4 (1) The following provisions shall take effect 5 immediately: 6 (i) The addition of 22 Pa.C.S. § 304. 7 (ii) Section 6 5. <-- 8 (iii) This section. 9 (2) The remainder of this act shall take effect in 180 10 days. B28L18MSP/20070H0825B1402 - 51 -