H. B. 4458
(By Delegate Webb (By Request))
[Introduced February 13, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact
§30-18-8
of the code of West Virginia,
1931, as amended, relating to licensed private investigators
and guards; requiring licensees to carry and display
photographic identification; and making it unlawful to fail to
carry and display photographic identification.
Be it enacted by the Legislature of West Virginia:
That
§30-18-8
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-8. Prohibitions.
(a) No person shall engage in the private investigation
business or security guard business without having first obtained
from the secretary of state a license to conduct such business.
(b) All licensed persons, including private detectives,
private investigators, security guards, private detective or investigative firms and security guard firms, are prohibited from
transferring their licenses to an unlicensed person, firm or
agency. This prohibition includes contracting or subcontracting
with an unlicensed person, firm or agency to conduct the private
investigation business or security guard business.
(c) It is unlawful for any person subject to the provisions of
this article to knowingly commit any of the following:
(1) Employ any individual to perform the duties of an employee
who has not first complied with all provisions of this article and
the adopted regulations;
(2) Falsely represent that a person is the holder of a valid
license;
(3) Make a false report with respect to any matter with which
he or she is employed;
(4) Divulge any information acquired from or for a client to
persons other than the client or his or her authorized agent
without express authorization to do so or unless required by law;
(5) Accept employment which includes obtaining information
intended for illegal purposes;
(6) Authorize or permit another person to violate any
provision of this article or any rule of the secretary of state
adopted for this article;
(7) Fail to carry and properly display identification in the
form of a photographic identification card which includes a current photograph of the investigator, agent or employee , license number,
name, address and telephone number of the investigator or guard or
an investigation business or security guard business
for an
employee or agent of those businesses.
(d) All licensed persons, including private detectives,
private investigators, security guards, private detective or
investigative firms and security guard firms, their employees and
agents shall, at their own expense carry and display, proper
identification in the form of a photographic identification card
which includes a current photograph of the licensee or employee,
the license number, name, address and telephone number of the
investigator, guard or firm.
NOTE: The purpose of this bill is to require licensed private
investigators and guards to carry and display photographic
identification cards.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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