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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, BEYER, BRENNAN, CALTAGIRONE, GRUCELA, HARKINS, KOTIK, MAHONEY, McILVAINE SMITH, READSHAW AND SIPTROTH, JANUARY 30, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2009 |
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| AN ACT |
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1 | Amending the act of August 21, 1953 (P.L.1273, No.361), entitled |
2 | "An act to regulate the business of private detectives, |
3 | investigators and watch, guard, or patrol agencies, and the |
4 | licensing thereof in each county; providing penalties," |
5 | further providing for issuances of licenses, fees and bonds, |
6 | for employees and for prosecution. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 6(b) and 13(a) of the act of August 21, |
10 | 1953 (P.L.1273, No.361), known as The Private Detective Act of |
11 | 1953, amended May 26, 1988 (P.L.405, No.68), are amended to |
12 | read: |
13 | Section 6. Issuance of Licenses; Fees; Bonds.--* * * |
14 | (b) Except as hereinafter provided in this subsection, no |
15 | such license shall be issued to any person who has been |
16 | convicted in this State or any other state or territory of a |
17 | felony, or any of the following offenses: (1) illegally using, |
18 | carrying or possessing a pistol or other dangerous weapon; (2) |
19 | making or possessing burglar's instruments; (3) buying or |
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1 | receiving stolen property; (4) unlawful entry of a building; (5) |
2 | aiding escape from prison; (6) unlawfully possessing or |
3 | distributing habit forming narcotic drugs; (7) picking pockets |
4 | or attempting to do so; (8) soliciting any person to commit |
5 | sodomy or other lewdness; (9) recklessly endangering another |
6 | person; (10) making terroristic threats; [or] (11) committing |
7 | simple assault[.]; (12) false swearing; (13) unsworn |
8 | falsifications to authorities; (14) false identification to law |
9 | enforcement authorities; (15) intimidation of witness or victim; |
10 | (16) false reports to law enforcement authorities; (17) theft by |
11 | unlawful taking; (18) theft by deception; (19) theft by |
12 | extortion; (20) forgery; (21) access device fraud; (22) |
13 | resisting arrest; (23) open lewdness; (24) corruption of minors; |
14 | (25) sale or lease of weapons or explosives; (26) indecent |
15 | exposure; or (27) indecent assault. |
16 | Except as hereinafter in this subsection provided, no license |
17 | shall be issued to any person whose license has been previously |
18 | revoked by the court of common pleas or the authorities of any |
19 | other state or territory because of conviction of any of the |
20 | crimes or offenses specified in this section. The provisions of |
21 | this subsection shall not prevent the issuance of a license to |
22 | any person who, subsequent to his conviction, shall have |
23 | received executive pardon therefor removing this disability. |
24 | * * * |
25 | Section 13. Employes.--(a) The holder of any license |
26 | certificate issued pursuant to this act may employ to assist him |
27 | in his work of private detective or investigator as described in |
28 | section 2 and in the conduct of such business as many persons as |
29 | he may deem necessary, and shall at all times during such |
30 | employment be legally responsible for the good conduct in the |
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1 | business of each and every person so employed and shall be |
2 | responsible for the reasonable supervision of said employes' |
3 | conduct. |
4 | No holder of any unexpired license certificate issued |
5 | pursuant to this act shall knowingly employ in connection with |
6 | his or its business, in any capacity whatsoever, any person who |
7 | has been convicted of a felony, or any of the following |
8 | offenses, and who has not, subsequent to such conviction, |
9 | received executive pardon therefor removing this disability: (1) |
10 | illegally using, carrying or possessing a pistol or other |
11 | dangerous weapon; (2) making or possessing burglar's |
12 | instruments; (3) buying or receiving stolen property; (4) |
13 | unlawful entry of a building; (5) aiding escape from prison; (6) |
14 | unlawfully possessing or distributing habit forming narcotic |
15 | drugs; (7) picking pockets or attempting to do so; (8) |
16 | soliciting any person to commit sodomy or other lewdness; (9) |
17 | any person whose private detective or investigator's license was |
18 | revoked or application for such license was denied by the court |
19 | of common pleas or by the authorities of any other state or |
20 | territory because of conviction of any of the crimes or offenses |
21 | specified in this section; (10) recklessly endangering another |
22 | person; (11) terroristic threats; [or] (12) committing simple |
23 | assault[.]; (13) false swearing; (14) unsworn falsifications to |
24 | authorities; (15) false identification to law enforcement |
25 | authorities; (16) intimidation of witness or victim; (17) false |
26 | reports to law enforcement authorities; (18) theft by unlawful |
27 | taking; (19) theft by deception; (20) theft by extortion; (21) |
28 | forgery; (22) access device fraud; (23) resisting arrest; (24) |
29 | open lewdness; (25) corruption of minors; (26) sale or lease of |
30 | weapons or explosives; (27) indecent exposure; or (28) indecent |
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1 | assault. |
2 | A holder of an unexpired license certificate issued pursuant |
3 | to this act who knowingly employs a person who has been |
4 | convicted of a felony or any of the offenses specified in this |
5 | section shall be guilty of a misdemeanor and, upon conviction |
6 | thereof, shall be sentenced to pay a fine of not more than five |
7 | thousand dollars ($5000) or to undergo imprisonment for not more |
8 | than one (1) year, or both. |
9 | A first conviction for violation of this section may subject |
10 | the license holder to revocation of his license by the issuing |
11 | authority. |
12 | Upon the second conviction of a license holder for knowingly |
13 | hiring a person convicted of a felony or other specified |
14 | offenses in this section, the license of said holder shall be |
15 | revoked. |
16 | Should the holder of an unexpired license certificate falsely |
17 | state or represent that a person is or has been in his employ, |
18 | such false statement or misrepresentation shall be sufficient |
19 | cause for the revocation of such license. Any person falsely |
20 | stating or representing that he is or has been a detective or |
21 | employed by a detective agency shall be guilty of a misdemeanor, |
22 | and, upon conviction thereof, shall be sentenced to pay a fine |
23 | of not more than five hundred dollars ($500) or to undergo |
24 | imprisonment for not more than one (1) year, or both. |
25 | * * * |
26 | Section 2. Section 17 of the act is amended to read: |
27 | Section 17. District Attorneys to Prosecute.--Criminal |
28 | action for violation of this act shall be prosecuted by the |
29 | district attorney of the county in which any violation of this |
30 | act occurred. Additionally, the police department of the |
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1 | municipality in which any violation of this act occurs shall |
2 | have the power to investigate and file a police criminal |
3 | complaint for violations of this act. |
4 | Section 3. This act shall take effect in 60 days. |
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