THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DEASY, PETRI, CALTAGIRONE, SAYLOR, BELFANTI, BRENNAN, BROOKS, CARROLL, CREIGHTON, DONATUCCI, FRANKEL, GOODMAN, GROVE, JOSEPHS, KOTIK, MELIO, SIPTROTH, SOLOBAY, STURLA, SWANGER, VULAKOVICH, FABRIZIO, WANSACZ, DRUCKER, MYERS, OBERLANDER, MATZIE AND MURT, JANUARY 26, 2009

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 1, 2010   

AN ACT

Amending Title 22 (Detectives and Private Police) of the

Pennsylvania Consolidated Statutes, amending the heading of

Title 22 and 22 Pa.C.S. Ch. 3; codifying and making extensive

revisions to The Private Detective Act of 1953; codifying the

Lethal Weapons Training Act; further providing for the

definition of "privately employed agents"; providing for the

continuation of certain licenses; making an appropriation;

and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Title 22 of the Pennsylvania

Consolidated Statutes is amended to read:

TITLE 22

[DETECTIVES AND PRIVATE POLICE]

PRIVATE INVESTIGATORS, SECURITY PROFESSIONALS, FUGITIVE RECOVERY

AGENTS, PRIVATE POLICE AND LETHAL WEAPONS

Section 2.  Chapter 3 of Title 22 is amended to read:

[CHAPTER 3

DETECTIVES

(RESERVED)]

Section 3.  Title 22 is amended by adding chapters to read:

CHAPTER 3

PRIVATE INVESTIGATORS, SECURITY PROFESSIONALS

AND FUGITIVE RECOVERY AGENTS

Sec.

301.  Scope of chapter.

302.  Declaration of policy.

303.  Definitions.

304.  Board.

305.  Deposit of funds.

306.  Licensure.

307.  Form of license.

308.  License renewal.

309.  Change of residence or business location.

310.  Expedited reciprocal licensing.

311.  Employees.

312.  Private investigator employees.

313.  Pocket cards and badges.

314.  Firearms.

315.  Bond and insurance.

316.  Licensure of corporations and other legal entities.

317.  Criminal history record check.

318.  Prohibition.

319.  Title and utilization.

320.  Rules of professional conduct.

321.  Sanctions.

322.  Injunction.

323.  Unlawful acts.

324.  Exclusions.

§ 301.  Scope of chapter.

This chapter relates to private investigators, security

professionals and fugitive recovery agents.

§ 302.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  The practice of private investigators and security

professionals has been regulated at a county level, which has

resulted in inconsistent regulation on a Statewide basis.

(2)  The practice of fugitive recovery agents has

essentially been unregulated in this Commonwealth.

(3)  Reasonable Statewide regulation of these professions

is in furtherance of public health, safety and welfare

interests.

(4)  Statewide regulation is necessary to set standards

of conduct for each of these professions and to protect the

public from unprincipled practitioners.

(5)  Consumer protection with respect to both health and

economic matters will be afforded the public through the

regulation and associated legal remedies provided for in this

chapter.

§ 303.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account."  The Professional Licensure Augmentation Account.

"Applicant."  An individual who applies for any license under

this chapter. The term does not include an individual renewing a

license under section 308 (relating to license renewal).

"Board."  The State Board of Private Investigators, Security

Professionals and Fugitive Recovery Agents established in

section 304 (relating to board).

"Bureau."  The Bureau of Professional and Occupational

Affairs.

"Categories of licenses."  Private investigator licenses,

security professional licenses and fugitive recovery agent

licenses.

"CPIN-compatible."  Compatible with the Commonwealth Photo

Imaging Network.

"Fugitive recovery agent."

(1)  An individual, corporation, partnership, limited

liability company or other legal entity which for a fee

primarily engages in one or more of the following:

(i)  Fugitive recovery.

(ii)  Bail enforcement.

(iii)  Bail recovery.

(iv)  Investigation as to the location or whereabouts

of any person who has failed to appear in any Federal or

State court of law, when required by law, or has failed

to answer any criminal charge or subpoena, when required

by law.

(v)  Assistance in the apprehension, arrest,

detention, confinement, surrender or securing of a person

described in subparagraph (iv).

(vi)  Surveillance of a person described in

subparagraph (iv).

(2)  The term does not include any individual excluded

from this chapter by section 324 (relating to exclusions).

"License."  Any license to practice as a private

investigator, security professional or fugitive recovery agent

under this chapter.

"Licensee."  An individual, corporation, partnership, limited

liability company or other legal entity who holds a license

under this chapter.

"Private Detective Act of 1953."  The former act of August

21, 1953 (P.L.1273, No.361), known as The Private Detective Act

of 1953.

"Private investigator."

(1)  An individual, corporation, partnership, limited

liability company or other legal entity which for a fee

primarily engages in the investigation of any of the

following activities:

(i)  Crimes or wrongs done or threatened against an

individual, corporation, partnership, limited liability

company or other legal entity.

(ii)  The identity, habits, conduct, movement,

whereabouts, affiliations, association, transactions,

reputation or character of any individual, group of

individuals, association, organization, society,

partnership, corporation, limited liability company or

other legal entity.

(iii)  The credibility of witnesses or other

individuals.

(iv)  The whereabouts of missing individuals.

(v)  The location or recovery of lost or stolen

property.

(vi)  The cases or origins of or responsibility for

fires or torts or losses, accidents, damage or injuries

to personal or real property.

(vii)  The conduct of employees, agents, contractors

and subcontractors.

(viii)  The securing of evidence for any civil or

criminal proceeding.

(2)  The term does not include any individual excluded

from this chapter by section 324 (relating to exclusions).

"Security professional."

(1)  An individual, corporation, partnership, limited

liability company or other legal entity which for a fee

primarily provides security guards, watchmen or private

patrolmen for any individual, private corporation or other

legal entity.

(2)  The term does not include any individual excluded

from this chapter by section 324 (relating to exclusions).

"Serious misdemeanor."  A criminal offense for which more

than one year in prison can be imposed as a punishment.

§ 304.  Board.

(a)  Establishment.--The State Board of Private

Investigators, Security Professionals and Fugitive Recovery

Agents is established as a board in the bureau.

(b)  Membership.--The following shall be members of the

board:

(1)  The Commissioner of Professional and Occupational

Affairs or a designee.

(2)  The Commissioner of Pennsylvania State Police or a

designee.

(3)  The Attorney General or a designee.

(4)  Five public members, who are residents of this

Commonwealth, appointed by the Governor, with the advice and

consent of a majority of the members elected to the Senate.

At least one of the five public members must be an attorney

whose practice primarily consists of representation of

criminal defendants. At least one of the five public members

must be an attorney whose practice primarily consists of the

representation of civil plaintiffs. At least one of five

public members must be an attorney whose practice primarily

consists of the representation of civil defendants. A person

shall not be eligible for appointment under this paragraph if

the person or any member of the person's immediate family, as

defined under 65 Pa.C.S. § 1102 (relating to definitions),

meets any of the following provisions:

(i)  Is licensed under this chapter or the Private

Detective Act of 1953.

(ii)  Has, other than as a consumer, a financial

interest in a business entity which engages in an

activity licensed by this chapter.

(5)  Nine professional members appointed by the Governor

with the advice and consent of a majority of the members

elected to the Senate. The professional members shall:

(i)  be licensed under this chapter; and

(ii)  include at least two licensees from each of the

categories of licenses under this chapter.

(c)  Initial appointments.--Notwithstanding the provisions of

subsection (b)(4) and section 316 (relating to licensure of

corporations and other legal entities), the following shall

apply:

(1)  Individuals licensed under the Private Detective Act

of 1953 shall, until the expiration of the license, be

qualified to serve as professional members of the board as

representatives of private investigator licensees or security

professional licensees under this chapter.

(2)  Fugitive recovery agents who have been actively

engaged in their profession and have a well-respected

reputation in the field shall, until July 1, 2012, be

qualified to serve as professional members of the board as

representatives of fugitive recovery agent licensees under

this chapter.

(d)  Terms.--All of the following shall apply to terms of

members:

(1)  Members under subsection (b)(1), (2) and (3) shall

serve ex officio.

(2)  Members under subsection (b)(4) shall serve initial

terms as follows:

(i)  One member shall be appointed for a term of two

years.

(ii)  Two members shall be appointed for a term of

three years.

(iii)  Two members shall be appointed for a term of

four years.

(3)  Members under subsection (b)(5) shall serve initial

terms as follows:

(i)  Three members shall be appointed for a term of

two years.

(ii)  Three members shall be appointed for a term of

three years.

(iii)  Three members shall be appointed for a term of

four years.

(4)  After the expiration of a term under paragraph (2)

or (3), a subsequent term shall be for four years.

(5)  A replacement for a member under subsection (b)(4)

or (5) shall serve the remainder of the unexpired term.

(6)  A member under subsection (b)(4) or (5) shall not be

eligible for more than two consecutive terms.

(e)  Procedure.--All of the following shall apply to board

procedure:

(1)  A majority of the members of the board constitutes a

quorum. A member must participate at a meeting of the board

in person or by teleconference for purposes of meeting a

quorum.

(2)  Voting must be direct; voting by proxy shall not be

permitted.

(f)  Organization.--All of the following shall apply to board

organization:

(1)  An organizational meeting of the board shall be held

annually at which time the board shall elect from its

membership a president, a vice president and a secretary, who

shall serve for one year or until their successors are duly

elected.

(2)  If a vacancy in the office of president, vice

president or secretary of the board occurs, the remaining

members of the board shall fill the vacancy by election.

(g)  Compensation.--Each member of the board under subsection

(b)(4) or (5), when performing functions of the board, shall

receive all of the following:

(1)  A per diem fee of $60 for each meeting the member

attends in person. No member shall receive more than $1,000

of aggregate per diem fees in any calendar year.

(2)  Reasonable travel, hotel and other necessary

expenses, as set by regulation of the board.

(h)  Meetings.--The board shall meet at least once every two

months and at additional times as necessary to conduct the

business of the board.

(i)  Participation.--A member of the board under subsection

(b)(4) or (5) who fails to attend three consecutive meetings

shall forfeit membership unless the president, upon written

request from the member, finds that the member should be excused

for good cause.

(j)  Powers and duties.--The board shall have all of the

following powers and duties to administer this chapter:

(1)  To contract for the development of a licensing

examination for each of the categories of licenses. The

licensing examinations shall, at a minimum, test an

applicant's knowledge of the laws of this Commonwealth and

the United States which are applicable to the practice of

that category of license.

(2)  To develop applications and renewal applications for

each of the categories of licenses.

(3)  To promulgate reasonable rules and regulations to

carry out the provisions of this chapter.

(4)  To establish monetary penalties and fees for

licenses, renewals, badges, pocket cards and other goods and

services provided by the board to licensees. Initial fees

shall be designed to recover the board's administrative

costs. If the funds raised by penalties and fees under this

chapter are not sufficient to meet the board's administrative

costs over a two-year period, the board may promulgate

regulations to increase those penalties and fees so that the

projected funds will meet the board's projected costs.

(5)  To enforce the laws of this Commonwealth relating to

the practice of private investigators, security professionals

and fugitive recovery agents and to instruct and require

agents of the board to initiate appropriate proceedings for

unauthorized and unlawful practice.

(6)  To take disciplinary action as described in this

chapter. In all disciplinary proceedings brought pursuant to

this chapter, the board shall have the power to administer

oaths, to summon witnesses and to compel the production of

documents in accordance with law. Upon the failure of any

person to appear or produce documents in accordance with the

board's order, the board may take appropriate action in

accordance with the act of October 15, 1980 (P.L.950, No.

164), known as the Commonwealth Attorneys Act, to enforce

compliance.

(7)  To take appropriate actions to initiate injunction

and criminal prosecution proceedings in connection with the

unlawful and unauthorized practice of private investigators,

security professionals or fugitive recovery agents or other

violations of this chapter. Injunction and criminal

proceedings shall be instituted in accordance with the

Commonwealth Attorneys Act.

(8)  To keep a record of board proceedings.

(9)  To keep a record of applications and renewal

applications, including a copy of all materials submitted

with applications and renewal applications.

(10)  To keep records relating to all licensees directly

related to the practice of private investigators, security

professionals and fugitive recovery agents.

(11)  To maintain an up-to-date roster showing the names

and business addresses of licensees. The roster shall be made

available to the public upon request and shall be posted on

the Internet.

(12)  To establish a system which assures that licensees

receive timely information from the board regarding issues

affecting the practice and regulation of their license. The

system shall include the mailing of a renewal application

under section 308 (relating to license renewal) to each

licensee at the most recent address in the records of the

board.

(13)  To design badges and pocket cards for each of the

categories of licenses.

(14)  To approve badge designs submitted by a security

professional for use by employees of that security

professional.

(15)  To conduct criminal history record checks as

provided in section 317 (relating to criminal history record

check).

(16)  To develop and administer a mandatory continuing

professional education program for each of the categories of

licenses. The continuing professional education program shall

consist of at least 12 hours of mandatory continuing

education for each licensee during each two-year license

period.

(17)  To develop and enforce rules of professional

conduct for each of the categories of licenses.

(18)  To develop standards and practices, in

circumstances where an employee of the board has safety

concerns, to request aid from the chief law enforcement

officer, as defined under 42 Pa.C.S. § 8951 (relating to

definitions), of the political subdivision where any bureau,

agency, office or branch office of a licensee is located.

(19)  To issue licenses, renew licenses, reinstate

licenses, refuse to renew, suspend and revoke licenses as

provided under this chapter.

(20)  To develop standards for the training and

professional development of employees by licensees.

§ 305.  Deposit of funds.

Fees and penalties collected under this chapter shall be paid

into the account and used by the bureau and the board to

administer this chapter.

§ 306.  Licensure.

(a)  Requirement.--Except as set forth in section 324

(relating to exclusions), all of the following shall apply:

(1)  A private investigator's license is required in

order to practice as a private investigator.

(2)  A security professional's license is required in

order to practice as a security professional.

(3)  A fugitive recovery agent's license is required in

order to practice as a fugitive recovery agent after July 1, 

2012.

(b)  Employees.--A licensee may employ individuals to assist

the licensee. Nothing in this chapter shall require an employee

of a licensee to obtain a license.

(c)  Qualifications.--All applicants for any license under

this chapter must meet all of the following:

(1)  Be at least 25 years of age.

(2)  Be a United States citizen.

(3)  Be of good moral character.

(4)  Not be addicted to the habitual use of alcohol,

narcotics or other habit-forming drugs.

(5)  Have a criminal history which does not include any

of the offenses listed under section 318 (relating to

prohibition).

(6)  Qualify by successful completion of a professional

licensing examination for the category of license which is

the subject of the application.

(d)  Additional qualifications.--An applicant for a specific

license shall meet the following specific additional

qualifications:

(1)  In addition to the other requirements of this

chapter, a private investigator license shall not be issued

unless the applicant for the license has held one or more of

the following positions for a period of at least three years

and was not separated from the position for a period of more

than five years from the time of application:

(i)  Worked as an investigator as a member of the

Pennsylvania State Police.

(ii)  Worked as an investigator as a member of a

state, county or municipal police force.

(iii)  Worked as an investigator as a member of a

United States or state investigative service.

(iv)  Worked full time as a private investigator

licensed under the Private Detective Act of 1953.

(v)  Worked full time under the direction of a

private investigator who is or was licensed under this

chapter or under the Private Detective Act of 1953.

(vi)  Worked full time as an investigator or in a

similar capacity for an insurance company in a special

investigation unit.

(vii)  Worked full time as an attorney or an

investigator for an attorney or law firm.

(viii)  Worked full time as an investigator for a

common carrier or any entity regulated by the

Pennsylvania Public Utility Commission.

(ix)  Has other investigative or investigative

support experience that the board finds relevant to the

activities of a private investigator.

(2)  In addition to the other requirements of this

chapter, a security professional license shall not be issued

unless the applicant for the license has held one or more of

the following positions for a period of at least three years

and was not separated from the position for a period of more

than five years from the time of application:

(i)  Worked as a member of the Pennsylvania State

Police.

(ii)  Worked as a member of a state, county or

municipal police force.

(iii)  Worked as a sheriff or deputy sheriff.

(iv)  Worked as a member of a Federal or state

investigative service.

(v)  Worked full time under the direction of a

security professional who is or was licensed under this

chapter.

(vi)  Worked full time as a private investigator

licensed under the Private Detective Act of 1953.

(vii)  Worked full time under the direction of a

private investigator who was licensed under the Private

Detective Act of 1953.

(viii)  Has other security or security support

experience that the board finds relevant to the

activities of a security professional.

(3)  In addition to the other requirements of this

chapter, a fugitive recovery agent license shall not be

issued unless the applicant for the license has held one or

more of the following positions for a period of at least

three years and was not separated from the position for a

period of more than five years from the time of application:

(i)  Worked as a member of the Pennsylvania State

Police.

(ii)  Worked as a member of a state, county or

municipal police force.

(iii)  Worked as a sheriff or deputy sheriff.

(iv)  Worked as a constable or deputy constable

certified to perform judicial duties under 42 Pa.C.S. Ch.

29 Subch. C (relating to constables).

(v)  Worked as a member of a state or United States

investigative service.

(vi)  Worked full time under the direction of a

fugitive recovery agent who is or was licensed under this

chapter.

(vii)  Has other fugitive recovery or related

experience that the board finds relevant to the

activities of a fugitive recovery agent.

(viii)  Worked as a fugitive recovery agent prior to

July 1, 2012. This subparagraph shall expire July 1, 

2017.

(e)  Education and part-time work experience.--The board may

allow an applicant for any category of license under subsection

(d) to do any of the following:

(1)  Substitute up to one year of relevant educational

experience for work experience required of an applicant under

subsection (d).

(2)  Aggregate part-time work experience to reach the

minimum three years of the full-time employment requirement

for an applicant under subsection (d).

(f)  Application process.--An individual, corporation,

partnership, limited liability company or other legal entity

intending to be a licensee shall apply for a license as set

forth in this chapter. Applicants shall do all of the following:

(1)  File an application and accompanying information as

described in subsection (g).

(2)  Pay a fee as established by regulation of the board.

(3)  Sit for an examination prepared and administered by

a third party approved by the board.

(g)  Application and accompanying information.--An

application shall require the applicant to provide all of the

following:

(1)  The applicant's full name, aliases, current and

previous occupations and information which demonstrates

compliance with the specific additional qualifications under

subsection (d) for that category of license.

(2)  The applicant's date of birth, as evidenced by a

birth certificate or other documentation approved by the

board.

(3)  The applicant's residences since 18 years of age or

for the last 15 years, whichever period of time is shorter.

(4)  Two current CPIN-compatible photographs.

(5)  A statement whether the applicant applying for a

license intends to practice as an individual, corporation,

partnership, limited liability company or other legal entity.

If the applicant intends to practice as a corporation,

partnership, limited liability company or legal entity other

than an individual, the applicant shall identify all

principals of that entity and shall also provide all of the

following:

(i)  The name and appropriate credentials of the

qualifying officer.

(ii)  The name and principal business address of that

entity.

(iii)  The articles of incorporation, partnership

agreement, certificate of organization or similar

governing document.

(iv)  The name and address of all shareholders or

other owners of the corporation, partnership, limited

liability company or other legal entity.

(6)  The location of each bureau, agency, office or

branch office.

(7)  The applicant's signature.

(8)  Two full sets of the applicant's fingerprints for

use in conducting a criminal history record check as provided

in section 317 (relating to criminal history record check).

(9)  The payment of a bond and submission of proof of

insurance as required in section 315 (relating to bond and

insurance).

(10)  Any other information which the board deems

appropriate.

(h)  Issuance of license.--

(1)  The board shall conduct an investigation of an

applicant's fitness for licensure if the applicant has met

all of the following:

(i)  Completed the application process under

subsection (f).

(ii)  Been found to meet all of the qualifications in

subsection (c).

(iii)  Been found to meet the additional

qualifications for the category of license in subsection

(d).

(2)  If the board is satisfied that the applicant is fit

to practice, the board shall issue the applicant a license

and duplicates as provided in section 307 (relating to form

of license) and a pocket card and badge as provided in

section 313 (relating to pocket cards and badges).

(i)  Term of license.--The term of a license shall be two

years. Renewal of a license shall be subject to section 308

(relating to license renewal).

(j)  Current law enforcement officers.--Individuals currently

employed as a police officer, sheriff, deputy sheriff, probation

or parole officer or member of a Federal or state investigative

service shall not be:

(1)  eligible for a license as a private investigator; or

(2)  employed by a private investigator.

§ 307.  Form of license.

(a)  Contents.--A license under this chapter shall contain

all of the following:

(1)  The full name and title of the licensee.

(2)  The location of each bureau, agency, office or

branch office for which the license was issued.

(3)  The expiration date.

(4)  Any other information deemed appropriate by the

board.

(b)  Duplicates.--A licensee shall, for a fee, be issued

duplicate licenses for display in each bureau, agency, office or

branch office included in the license application.

(c)  Display.--A licensee shall post the license or a

duplicate in a conspicuous place in each bureau, agency, office

or branch office.

(d)  Expiration.--A licensee shall surrender the license and

all duplicates to a designated location established by the board

within 15 days of expiration or after receipt of notice that the

license has been suspended or revoked by the board. A licensee

who fails to comply with this subsection commits a misdemeanor

of the third degree.

§ 308.  License renewal.

(a)  General rule.--The following shall apply:

(1)  The following may apply for a renewal of a license

under this section:

(i)  A licensee whose license will expire within six

months of the date on the renewal application.

(ii)  A licensee whose license has not been expired

for more than six months on the date of renewal

application.

(2)  For the purposes of this subsection, the term

"licensee" shall include any individual, corporation,

partnership, limited liability company or other legal entity

licensed under the Private Detective Act of 1953 on the

effective date of this section who is applying for a license

as a private investigator or security professional under this

chapter prior to the expiration of the license under the

Private Detective Act of 1953. The qualification by

successful completion of a professional licensure examination

in section 306(c)(6) (relating to licensure) and the required

additional qualifications of section 306(d) shall not apply

to a licensee under the Private Detective Act of 1953 who met

the work experience requirements under section 4(a) of that

act and is applying for renewal of a license as a private

investigator or security professional under this section.

(b)  Renewal process.--A licensee applying for a renewal of a

license shall do all of the following:

(1)  File a renewal application with the board.

(2)  Pay a bond and provide proof of insurance as

required in section 315 (relating to bond and insurance).

(3)  Pay a fee as established by regulation of the board.

(4)  Provide two current CPIN-compatible photographs.

(5)  Provide any other information which the board deems

appropriate.

(c)  Issuance of renewal license.--Once a licensee has

completed the renewal process in subsection (b) and the board,

after investigation, is satisfied that the licensee is fit to

continue the practice of the license, the board shall issue the

applicant a license as provided in section 307 (relating to form

of license).

§ 309.  Change of residence or business location.

(a)  Residence.--A licensee shall notify the board in writing

within 15 days of the licensee's change of residence.

(b)  Business location.--A licensee shall notify the board in

writing within 15 days of the change of location of any bureau,

agency, office or branch office. Notice shall include the new

location of the bureau, agency, office or branch office and the

date on which the change was effected.

(c)  Notation on license and duplicates.--Pursuant to a

change of business location under subsection (b), a licensee

shall deliver the license and any duplicates to a designated

location established by the board. The board shall, at its

discretion, do one of the following:

(1)  Note the change on the license and duplicates and

return the license and duplicates to the licensee.

(2)  Issue a new license and duplicates for the unexpired

term of the license.

§ 310.  Expedited reciprocal licensing.

The board may, without examination, issue a license, pocket

card and badge to any individual, corporation, partnership,

limited liability company or other legal entity who is licensed

in another state in the same category of license if all of the

following apply:

(1)  The individual or the officers of the corporation,

partnership, limited liability company or other legal entity

provide two full sets of fingerprints for the board to

conduct a criminal history record check under section 317

(relating to criminal history record check).

(2)  The individual, corporation, partnership, limited

liability company or other legal entity pays a bond and

provides proof of insurance as required in section 315

(relating to bond and insurance).

(3)  The individual, corporation, partnership, limited

liability company or other legal entity pays a fee as

established by regulation of the board.

(4)  The individual or the officers of the corporation,

partnership, limited liability company or other legal entity

provide two current CPIN-compatible photographs.

(5)  The individual, corporation, partnership, limited

liability company or other legal entity establishes a bureau,

agency, office or branch office within this Commonwealth.

(6)  The individual, corporation, partnership, limited

liability company or other legal entity provides any other

information which the board deems appropriate.

(7)  The standards for licensing in the other state are,

in the board's opinion, sufficiently similar to the standards

under this chapter.

(8)  The other state will license or certify Pennsylvania

licensees to practice in that state in a similar expedited

fashion.

§ 311.  Employees.

(a)  General rule.--A licensee may employ as many individuals

as necessary to assist the licensee in the licensee's work. The

licensee shall at all times during the employment be:

(1)  responsible for the reasonable supervision, training

and professional development of each employee; and

(2)  accountable for the employee's conduct.

(b)  Employee statement.--A prospective employee shall

provide to the licensee all of the following:

(1)  The prospective employee's full name, aliases,

current and previous occupations and Social Security number.

(2)  The prospective employee's date of birth, as

evidenced by a birth certificate or other documentation

approved by the board.

(3)  The prospective employee's residences since 18 years

of age or for the last 15 years, whichever period of time is

shorter.

(4)  Two current CPIN-compatible photographs.

(5)  A statement indicating whether the employee has met

the requirements of the act of October 10, 1974 (P.L.705, No.

235), known as the Lethal Weapons Training Act or Chapter 11

(relating to lethal weapons training).

(6)  A physical description.

(7)  The prospective employee's signature.

(8)  A statement indicating that the prospective employee

has not been convicted of an offense listed in section 318(c)

(relating to prohibition).

(9)  Three full sets of the prospective employee's

fingerprints. One set shall be kept on file by the licensee,

and the other two shall be submitted to the board for use in

conducting a criminal history record check as provided in

section 317 (relating to criminal history record check).

(10)  Any other information which the board deems

appropriate.

(c)  Duty of licensee.--A licensee shall do all of the

following:

(1)  Act with due diligence to reasonably verify the

truthfulness of the employee statement.

(2)  Promptly transmit two sets of the fingerprints

provided pursuant to subsection (b)(9) to the board for use

in conducting a criminal history record check as provided in

section 317.

(3)  Promptly transmit a CPIN-compatible photograph of

the employee provided pursuant to subsection (b)(4) to the

board for its use.

(4)  Promptly transmit to the board any other information

which the board deems appropriate.

(d)  Duty of board.--The board shall promptly conduct a

criminal history record check on the prospective employee as

provided in section 317 and notify the licensee of the results.

(e)  Penalties.--The following shall apply:

(1)  A licensee who knowingly, recklessly or negligently

hires an individual who fails to fill out an employee

statement under subsection (b) or has been convicted of any

offense listed in section 318(c) (relating to prohibition)

commits a misdemeanor of the first degree.

(2)  A licensee who knowingly, recklessly or negligently

files the fingerprints of an individual other than the

prospective employee in the prospective employee's name

commits a misdemeanor of the third degree.

(3)  A licensee who fails to adequately or accurately

keep records of employees commits a misdemeanor of the third

degree.

§ 312.  Private investigator employees.

Any employee of a private investigator who, except as

provided by law, divulges information learned in that employee's

capacity to anyone other than the private investigator or to an

individual designated by the private investigator commits a

misdemeanor of the third degree.

§ 313.  Pocket cards and badges.

(a)  Licensees.--Upon payment of a fee by the licensee, the

board shall issue the licensee a pocket card and a badge, which

shall be numbered. The pocket card shall be of the size and

design as the board shall designate and shall be

nontransferable. At a minimum, the pocket card shall include all

of the following:

(1)  The licensee's name.

(2)  The licensee's CPIN-compatible photograph.

(3)  The licensee's business name, if different than the

name under paragraph (1).

(4)  Authenticity information such as license number,

date of expiration and the official State seal.

(b)  Employees.--If a prospective employee of a licensee has

not been prohibited from being hired due to a disqualifying

criminal conviction, the board shall issue to the licensee a

pocket card which contains the employee's CPIN-compatible

photograph for use by the employee. If the licensee does not

employ the prospective employee for any reason, the licensee

shall return the pocket card to the board, which shall destroy

the returned pocket card. Failure of the licensee to do any of

the following shall constitute a summary offense:

(1)  Return a pocket card.

(2)  Notify the board of the licensee's inability to

retrieve a pocket card from an employee.

(c)  Renewal or replacement.--The following shall apply to

pocket card or badges:

(1)  After payment of a fee as set by the board, the

board shall issue a licensee a new pocket card and badge or a

new pocket card for an employee if any of the following

apply:

(i)  A pocket card or badge has been defaced,

damaged, stolen or lost.

(ii)  The licensee has not been issued a pocket card

or badge or pocket cards for employees.

(2)  The board may impose sanctions under section 321

(relating to sanctions) upon a licensee who reports multiple

or repeated lost or stolen pocket cards, badges or employee

pocket cards.

(d)  Holders of pocket cards and badges.--It shall be

unlawful for a licensee or an employee of a licensee to lend or

to transfer the pocket card or badge or to allow any other

individual to use, wear or display a pocket card or badge. A

licensee or employee who violates this subsection commits a

misdemeanor of the third degree.

§ 314.  Firearms.

Licensees and their employees shall be authorized to carry a

lethal weapon in the course of their employment if they are in

compliance with or are exempt from the requirements of the act

of October 10, 1974 (P.L.705, No.235), known as the Lethal

Weapons Training Act or Chapter 11 (relating to lethal weapons

training).

§ 315.  Bond and insurance.

(a)  General rule.--An applicant for a license and licensees

seeking renewal of a license shall deliver to the board a bond

in an amount set by the board.

(b)  Corporate surety.--A bond required under subsection (a)

shall be written by a corporate surety company authorized to do

business in this Commonwealth as a surety and shall be executed

in the name of the Commonwealth.

(c)  Proof of general liability insurance.--All applicants

and licensees seeking renewal of licenses shall provide proof of

general liability insurance in an amount set by the board, but

not less than $1,000,000.

(d)  Proof of workers' compensation insurance.--All

applicants for licenses and licensees seeking renewal of

licenses shall provide proof of compliance with or exemption

from the act of June 2, 1915 (P.L.736, No.338), known as the

Workers' Compensation Act.

(e)  Change of bond or insurance.--A licensee shall notify

the board within 15 days of any change relating to a bond or

insurance under this section.

(f)  Loss of bond or insurance.--A licensee who fails to

maintain a bond or insurance in an amount set by the board shall

immediately suspend activity pursuant to the license until a new

bond or insurance is acquired.

(g)  Deposit in lieu of bond and insurance.--Upon determining

that a corporate surety bond as required by subsections (a) and

(b) or general liability insurance as required by subsection (c)

is not commercially available to a category of licensees, the

board may accept from a licensee in that category, in lieu of

bond or insurance, any of the following in an amount set by the

board:

(1)  A deposit of cash.

(2)  A certified check.

(3)  An irrevocable letter of credit.

(h)  Amount of deposit.--When establishing an amount in lieu

of general liability insurance under subsection (g), the board

may do all of the following:

(1)  Disregard the minimum amounts under subsection (c).

(2)  Impose additional requirements as will, in the

board's discretion, offer some assurance of recovery for an

injured party.

§ 316.  Licensure of corporations and other legal entities.

(a)  Licensing.--If a corporation, partnership, limited

liability company or other legal entity other than a natural

person applies for or has one or more categories of licenses

under this chapter, the requirements of licensing for that

category under this chapter, except the qualification by

examination under section 306(c)(6) (relating to licensure) and

the required additional qualifications of section 306(d), shall

apply to the president, treasurer and secretary of the

corporation or equivalent officers of a partnership, limited

liability company or other legal entity. At least one officer,

known as a qualifying officer, shall meet one of the following

requirements for each category of license:

(1)  Fulfillment of the requirements of section 306(c)(6)

and (d).

(2)  Possession of the category of license under this

chapter.

(3)  Entitlement to apply for renewal pursuant to section

308(a) (relating to license renewal) for that category of

license held by the corporation, partnership, limited

liability company or other legal entity.

(b)  Qualifying officers.--Unless an officer of a

corporation, partnership, limited liability company or other

legal entity meets one of the following requirements, the

officer shall not receive a pocket card or badge identifying the

officer as a licensee under section 313(a) (relating to pocket

cards and badges) or be eligible for appointment to the board as

one of the professional members under section 304(b)(5)

(relating to board):

(1)  Fulfillment of the requirements of section 306(c)(6)

and (d).

(2)  Possession of a license under this chapter.

(3)  Entitlement to apply for renewal pursuant to section

308(a).

(c)  Successors.--In case of death, resignation or removal of

an officer of a corporation, partnership, limited liability

company or other legal entity, all of the following shall apply:

(1)  The successor officer must comply with this section.

(2)  Notice must be provided in writing to the board

regarding the death, resignation or removal.

(3)  A copy of the minutes of any meeting of the board of

directors or similar body regarding the death, resignation or

removal of an officer and designation of a successor must be

provided to the board.

§ 317.  Criminal history record check.

(a)  General rule.--The board shall conduct a criminal

history record check, as provided under subsection (b), on each

applicant for a license, each licensee applying for renewal and

each employee of a licensee.

(b)  Records check.--The board shall do all of the following:

(1)  Obtain a report of criminal history record

information from the central repository pursuant to 18

Pa.C.S. Ch. 91 (relating to criminal history record

information).

(2)  Submit a set of fingerprints to the Pennsylvania

State Police to provide to the Federal Bureau of

Investigation for Federal criminal history record information

pursuant to the Federal Bureau of Investigation appropriation

of Title II of Public Law 92-544, 86 Stat. 1115. The board

shall be the intermediary for the purposes of this paragraph.

(3)  Conduct additional research concerning an

applicant's, licensee's or employee's criminal history as the

board deems necessary.

§ 318.  Prohibition.

(a)  Applicant.--In no case shall a license be issued to an

applicant or a renewal license issued to a licensee if the

applicant's or licensee's criminal history record information

indicates the applicant has been convicted of any offense under

subsection (c).

(b)  Licensee.--The board shall revoke the license of any

licensee who is convicted of an offense under subsection (c).

(c)  Prohibited offenses.--The following shall include

prohibited offenses:

(1)  An offense designated as a felony under the act of

April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act.

(2)  An offense designated as a felony or serious

misdemeanor under one or more of the following provisions of

18 Pa.C.S. (relating to crimes and offenses):

Chapter 25 (relating to criminal homicide).

Chapter 27 (relating to assault).

Chapter 29 (related to kidnapping).

Chapter 31 (relating to sexual offenses).

Section 3301 (relating to arson and related offenses).

Section 3502 (relating to burglary).

Chapter 37 (relating to robbery).

Chapter 39 (relating to theft and related offenses) where

the offense is graded higher than a summary offense.

Chapter 41 (relating to forgery and fraudulent

practices).

Chapter 43 (relating to offenses against the family).

Chapter 47 (relating to bribery and corrupt influence).

Chapter 49 (relating to falsification and intimidation).

Chapter 53 (relating to abuse of office).

Chapter 55 (relating to riot, disorderly conduct and

related offenses).

Chapter 57 (relating to wiretapping and electronic

surveillance).

Chapter 59 (relating to public indecency).

Chapter 61 (relating to firearms and other dangerous

articles).

Chapter 63 (relating to minors).

(3)  An offense designated as a felony or serious

misdemeanor related to misconduct in public office, including

tampering, bribery, making false statements or impersonation.

(4)  A Federal or out-of-State offense similar in nature

to those listed in paragraph (1), (2) or (3).

(5)  An attempt, solicitation or conspiracy to commit any

of the offenses listed in paragraph (1), (2), (3) or (4).

§ 319.  Title and utilization.

(a)  Private investigator licensee.--A private investigator

licensee has the right to use the title "private investigator"

or "private detective" and the abbreviation "P.I."

(b)  Security professional licensee.--A security professional

licensee has the right to use the title "security professional."

(c)  Fugitive recovery agent licensee.--A fugitive recovery

agent licensee has the right to use the title "bounty hunter" or

"fugitive recovery agent."

§ 320.  Rules of professional conduct.

(a)  General rule.--The following constitute the rules of

professional conduct for all licensees and employees:

(1)  A licensee and all employees shall carry out the

licensed practice with reasonable skill.

(2)  A licensee and all employees shall not violate any

regulation or order of the board.

(3)  A licensee and all employees shall not practice or

attempt to practice beyond a licensee's defined scope of

practice.

(4)  A licensee and all employees shall not knowingly

aid, assist or provide advice to encourage the unlawful

practice of a profession licensed under this chapter.

(5)  A licensee and all employees shall not violate any

other rule of professional conduct as promulgated by

regulation of the board.

(b)  Private investigator licensees.--A private investigator

licensee or employee of the licensee who is asked to locate a

person shall make a reasonable effort to determine the reason

for the inquiry.

§ 321.  Sanctions.

(a)  Discretionary.--The following shall apply to

discretionary sanctions:

(1)  If the board finds that a licensee has violated any

of the rules of professional conduct, has engaged in any

conduct prohibited by this chapter or has failed to fulfill

any duties imposed by this chapter, the board may administer

the following sanctions:

(i)  Suspend enforcement of its finding and place a

licensee on probation with the right to vacate the

probationary order for noncompliance.

(ii)  Administer a public reprimand.

(iii)  Impose an administrative penalty of up to 

$10,000.

(iv)  Suspend the license.

(v)  Revoke the license.

(2)  The board may vacate a sanction if it determines

that vacation is just and reasonable.

(b)  Mandatory.--The following shall apply to mandatory

sanctions:

(1)  The board shall suspend a license if any of the

following apply:

(i)  The licensee is committed to an institution

because of mental incompetence from any cause.

(ii)  The licensee is convicted of any prohibited

offense as provided in section 318(c) (relating to

prohibition).

(2)  Automatic suspension under this subsection shall not

be stayed pending any appeal of a conviction.

(c)  Administrative agency law.--This section shall be

subject to 2 Pa.C.S. Ch. 5 Subch A. (relating to practice and