H. B. 3214
(By Delegates Miley, Iaquinta and Fragale)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §30-18-1 of the Code of West Virginia,
1931, as amended, relating to the definition of a private
investigator.
Be it enacted by the Legislature of West Virginia:
That §30-18-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-1. Definitions.
For the purposes of this article, except where the context
clearly requires otherwise, the following terms shall have the
meanings ascribed to them:
(1) "Applicant" means a person who files a completed
application as required by sections three and six of this article
to be licensed to conduct a private investigation business or a
security guard business. When a person other than a natural person is applying for a license, the applicant shall be the person whose
qualifications are presented to meet the experience or education
requirements of sections two or five of this article.
(2) "Private investigation business" means the business of
doing an investigation or investigations, for hire, reward or any
other type of remuneration, to obtain information about:
(A) A crime which is alleged to have occurred or is threatened
to occur;
(B) The habits, activities, conduct, movements, location,
associations, transactions, reputation or character of any person;
(C) The credibility of witnesses or other persons;
(D) The location or recovery of lost or stolen property;
(E) The causes or origins of any fire, accident or injury to
any property, real or personal, or to identify or locate any person
or persons responsible for any such fire, accident or injury;
(F) The truth or falsity of any statement or representation,
whether written or oral, or of any type of depiction;
(G) Any matters which constitute evidence or which may lead to
the discovery of evidence to be used before any judicial or
quasijudicial tribunal, including, but not limited to, civil or
criminal courts, administrative agencies, investigating committees,
or boards of award or arbitration;
(H) The whereabouts of any missing or kidnapped person;
(I) The affiliation, connection or relationship of any person with any corporation or other business entity, union, organization,
society or association, or with any official, member or
representative thereof;
(J) Any person or persons seeking employment in the place of
any employee or employees who have quit work by reason of any
strike; or
(K) The conduct, honesty, efficiency, loyalty or activities of
employees, agents, contractors and subcontractors.
(3) "Firm license" means the license held by a person whom the
Secretary of State has authorized to operate a private detective
investigative firm or security guard firm after such person has
filed and completed an application pursuant to the application
requirements contained in sections three or six and has satisfied
the eligibility requirements contained in sections two or five.
(4) "Person" means a natural person, a group of persons or
individuals acting individually or as a group, a corporation,
company, partnership, association, society, firm, or any business
organization or entity organized or existing under the laws of this
or any other state or country;
(5) (A) "Private detective" or "private investigator" means a
person who is licensed pursuant to the provisions of this article
to conduct a private investigation business, as defined in
subdivision (2) of this section, and who conducts such business
individually and independently from any private detective or investigative firm;
(B) "Private detective" or "private investigator" does not
include:
(i) Any individual while acting as an adjuster for an
insurance company or companies;
(ii) Individuals employed exclusively and regularly by only
one employer in connection with the affairs of such employer only;
(iii) An officer or employee of the United States, or any law-
enforcement officer of this state or any political subdivision
thereof, while such officer or employee is engaged in the
performance of his
or her official duties or while working for a
private employer in his
or her off-duty hours;
(iv) Attorneys or counselors-at-law or any employee or
representative of such attorney or counselor;
(v) Any corporation duly authorized by this state to operate
central burglar or fire alarm protection business;
or
(vii) Any investigator of crime appointed by a prosecuting
attorney of a county pursuant to the provisions of section two,
article four, chapter seven of this code;
or
(vii) Any persons engaged in computer or digital forensic
services or in the acquisition, review, or analysis of digital or
computer-based information, whether for purposes of obtaining or
furnishing information for evidentiary or other purposes, or for
providing expert testimony before a court; or network or system vulnerability testing, including network scans and risk assessment
and analysis of computers connected to a network.
(6) "Private detective or investigative firm" means any
private detective agency or business or any investigative agency or
business that is operated by a licensed private detective or
investigator and which employs one or more other persons who
actually conduct the private investigation business as defined in
subdivision (2) of this section.
(7) (A) "Security guard" means a person who is licensed
pursuant to the provisions of this article to conduct a security
guard business, as defined in subdivision (8) of this section, and
who conducts such business individually and independently from a
security guard firm.
(B) "Security guard" does not include a person who is employed
exclusively and regularly by only one employer in connection with
the affairs of such employer only, or a person who is otherwise
hereinafter excluded from the requirements of this article;
(8) (A) "Security guard business" means the business of
furnishing, for hire, reward or other remuneration, watchmen,
guards, bodyguards, private patrolmen or other persons, to:
(i) Protect property, real or personal, or any person;
(ii) To prevent theft, unlawful taking, misappropriation or
concealment of goods, wares or merchandise, money, bonds, stocks,
notes or other valuable documents, papers and articles of value; or
(iii) To furnish for hire, guard dogs or armored motor vehicle
security services, in connection with the protection of persons or
property;
(B) "Security guard business" does not include any activities
or duties for which it is necessary to be trained and certified as
a law-enforcement officer in accordance with the provisions of
article twenty-nine, chapter thirty of this code.
(9) "Security guard firm" means any security guard agency or
business that is operated by a licensed security guard and which
employs one or more other persons who actually conduct a security
guard business as defined in subdivision (8) of this section.
NOTE: The purpose of this bill is to add to the defintion of
private investigator.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.