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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, WAUGH, TARTAGLIONE, BROWNE, FONTANA, BOSCOLA, RAFFERTY, SOLOBAY, LEACH, BREWSTER AND ALLOWAY, JANUARY 27, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 27, 2011 |
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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 | providing for a code of ethics for private detectives. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The act of August 21, 1953 (P.L.1273, No.361), |
9 | known as The Private Detective Act of 1953, is amended by adding |
10 | a section to read: |
11 | Section 16.2. Code of Ethics.--Each licensee shall abide by |
12 | the following code of ethics in the performance of duties and |
13 | shall: |
14 | (1) Recognize the highest principles of ethical conduct in |
15 | an investigation and in the practice of the profession and at |
16 | all times represent the highest standards, dealing honestly, |
17 | justly, fairly and courteously with all represented clients. |
18 | (2) Interact honestly with other investigators and other |
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1 | professionals. At no time shall a private detective damage or |
2 | injure the professional reputation of another investigator or |
3 | private investigative agency. |
4 | (3) Provide services which he is competent and qualified to |
5 | perform. |
6 | (4) Refrain from accepting an assignment if there is a |
7 | personal or business conflict of interest. |
8 | (5) Adhere to confidentiality in investigative dealings and |
9 | respect the confidential nature of the information obtained |
10 | about and from clients. |
11 | (6) Conduct himself in an ethical manner whenever engaged in |
12 | the solicitation of work or providing services. |
13 | (7) Not represent himself in a misleading or deceptive |
14 | manner. The licensee shall avoid all conduct or practice likely |
15 | to discredit or do injury to the profession. |
16 | (8) Not knowingly violate any laws regulating business |
17 | practices and the profession itself. No rights or privileges of |
18 | a citizen, which may be guaranteed by the Constitution of the |
19 | United States or the Constitution of Pennsylvania, shall be |
20 | knowingly violated. |
21 | (9) Make all reporting of information discovered in the |
22 | course of an investigation be based upon truth and fact and |
23 | express honest opinions on that basis. No personal feelings or |
24 | prejudices shall be allowed to interfere with factual and |
25 | truthful disclosures of the results obtained from investigative |
26 | assignments for clients. |
27 | (10) Provide knowledge of any material fact related to the |
28 | commission of a crime to appropriate law enforcement unless the |
29 | licensee is represented by an attorney and attorney client |
30 | privilege extends to the subject matter of the investigation. |
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1 | (11) Report knowledge of another licensee's or agency's |
2 | unethical, illegal or unfair practice. |
3 | (12) Honor each client contract, adhering to all |
4 | responsibilities by providing ethical services within the limits |
5 | of the law. |
6 | (13) Use due diligence to ensure that all employes and co- |
7 | workers adhere to this same code of ethical conduct. |
8 | (14) Not provide services when he knows or disregards |
9 | knowledge that the information or service to be provided will be |
10 | used to commit or facilitate a crime or fraud, or to harass, |
11 | intimidate or to expose a third party to ridicule or scorn or |
12 | put an individual in physical danger. |
13 | Section 2. This act shall take effect in 60 days. |
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