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HB 326 - Private detective and security agencies; amend provisions

Reichert, Robert A. B. (126th)	Trense, Sharon (44th)	Smith, Larry (109th)

Status Summary	HC:	Ind	SC:	DS&T	FR:	01/29/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications; and for other purposes.

Code Sections - 43-38-3

HB 326                                            LC 27 0882S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 38 of Title 43 of the Official Code of 
  1- 2  Georgia Annotated, relating to operators of private 
  1- 3  detective businesses and private security businesses, so as 
  1- 4  to define certain terms; to amend the definition of certain 
  1- 5  terms; to amend licensing and registration qualifications; 
  1- 6  to provide for reciprocity with other states; to require the 
  1- 7  holder of a firearm permit to be at least 21 years of age; 
  1- 8  to provide for exceptions to the operation of such chapter; 
  1- 9  to repeal conflicting laws; and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Chapter 38 of Title 43 of the Official Code of Georgia 
  1-13  Annotated, relating to operators of private detective 
  1-14  businesses and private security businesses, is amended by 
  1-15  striking in its entirety Code Section 43-38-3, relating to 
  1-16  definitions, and inserting in lieu thereof the following: 
 
  1-17    "43-38-3. 
 
  1-18    As used in this chapter, the term: 
 
  1-19      (1) 'Board' means the Georgia Board of Private Detective 
  1-20      and Security Agencies, a state licensing and examining 
  1-21      board. 
 
  1-22      (2) 'Law enforcement agency' means an agency responsible 
  1-23      for ensuring compliance with the laws and ordinances 
  1-24      enacted by federal, state, and local governing 
  1-25      authorities. 
 
  1-26      (3) 'Private detective business' means the business of 
  1-27      obtaining or furnishing, or accepting employment to 
  1-28      obtain or to furnish, information with reference to: 
 
  1-29        (A) Crimes or wrongs done or threatened against the 
  1-30        United States of America or any state or territory 
  1-31        thereof; 
 
 
 
 
                                 -1- 
 
 
 
  2- 1        (B) The background, identity, habits, conduct, 
  2- 2        business, employment, occupation, assets, honesty, 
  2- 3        integrity, credibility, knowledge, trustworthiness, 
  2- 4        efficiency, loyalty, activity, movement, whereabouts, 
  2- 5        affiliations, associations, transactions, acts, 
  2- 6        reputation, or character of any person; 
 
  2- 7        (C) The location, disposition, or recovery of lost or 
  2- 8        stolen property; 
 
  2- 9        (D) The cause or responsibility for fires, libels, 
  2-10        losses, accidents, damage, or injury to persons or 
  2-11        property; 
 
  2-12        (E) The securing of evidence in the course of the 
  2-13        private detective business to be used before any 
  2-14        court, board, officer, or investigating committee; or 
 
  2-15        (F) The protection of individuals from serious bodily 
  2-16        harm or death. 
 
  2-17      (3)(4) 'Private security business' means engaging in the 
  2-18      business of, or accepting employment to provide, any or 
  2-19      all of the following: 
 
  2-20        (A) Private patrol service; 
 
  2-21        (B) Watchman service; 
 
  2-22        (C) Guard service; or 
 
  2-23        (D) Armored car service; or 
 
  2-24        (E) The protection of persons from death or serious 
  2-25        bodily harm." 
 
  2-26                           SECTION 2. 
 
  2-27  Said chapter is further amended by striking in its entirety 
  2-28  subsection (b) of Code Section 43-38-6, relating to licenses 
  2-29  and qualifications relative to such chapter, and inserting 
  2-30  in lieu thereof the following: 
 
  2-31    "(b) Upon being satisfied of the good character, 
  2-32    competency, and integrity of an applicant for licensure 
  2-33    under this chapter or, if the applicant is a firm, 
  2-34    association, company, partnership, limited liability 
  2-35    company, or corporation, upon being satisfied of the good 
  2-36    character, competency, and integrity of the corporate 
  2-37    officer of such corporation or officer of such firm, 
  2-38    association, partnership, or limited liability company, 
  2-39    the board may grant a license to conduct a private 
 
 
 
                                 -2- 
 
 
 
  3- 1    detective or private security business to such individual, 
  3- 2    firm, association, company, partnership, limited liability 
  3- 3    company, or corporation if: 
 
  3- 4      (1) The applicant is at least 18 years of age; 
 
  3- 5      (2) The applicant is a citizen of the United States or a 
  3- 6      registered resident alien; 
 
  3- 7      (3) The applicant is of good moral character; 
 
  3- 8      (4) The applicant has not been convicted of a felony or 
  3- 9      any crime involving the illegal use, carrying, or 
  3-10      possession of a dangerous weapon or any crime involving 
  3-11      moral turpitude; provided, however, that, if the 
  3-12      applicant has been convicted of such crime, or has 
  3-13      entered a plea of nolo contendere, or has entered a plea 
  3-14      pursuant to Article 3 of Chapter 8 of Title 42 or 
  3-15      otherwise been granted first offender treatment, the 
  3-16      board may inquire into the nature of the crime, the date 
  3-17      of conviction or plea, and other underlying facts and 
  3-18      circumstances surrounding such criminal proceedings and, 
  3-19      in its discretion, may grant a license to such 
  3-20      applicant; 
 
  3-21      (5) The applicant has not committed an act constituting 
  3-22      dishonesty or fraud; 
 
  3-23      (6) The applicant has satisfied the board that his or 
  3-24      her private detective or private security business has a 
  3-25      competent training officer and adequate training program 
  3-26      with a curriculum approved by the board or that adequate 
  3-27      training will be obtained from such other source as the 
  3-28      board may approve; 
 
  3-29      (7) The applicant for a private detective company 
  3-30      license has had at least two years' experience as a 
  3-31      private detective an agent registered with a licensed 
  3-32      detective agency, or has had at least two years' 
  3-33      experience in law enforcement, or has a four-year degree 
  3-34      in criminal justice or a related field from an 
  3-35      accredited university or college; and the applicant for 
  3-36      a security company license has had at least two years' 
  3-37      experience as a supervisor or administrator in in-house 
  3-38      security operations or with a licensed security agency, 
  3-39      or has had at least two years' experience in law 
  3-40      enforcement, or has a four-year degree in criminal 
  3-41      justice or a related field from an accredited university 
  3-42      or college; 
 
 
 
                                 -3- 
 
 
 
  4- 1      (8) The applicants for private detective company 
  4- 2      licenses and security company licenses may be required 
  4- 3      to pass successfully a written examination as the board 
  4- 4      may prescribe; and 
 
  4- 5      (9) The applicant meets such other qualifications as the 
  4- 6      board may prescribe by rule." 
 
  4- 7                           SECTION 3. 
 
  4- 8  Said chapter is further amended by inserting at the end of 
  4- 9  Code Section 43-38-6, relating to licenses and 
  4-10  qualifications, the following: 
 
  4-11    "(g) The board may grant a license provided in this Code 
  4-12    section to a person who is licensed in another state or 
  4-13    territory of the United States which has licensing 
  4-14    requirements substantially similar to the licensing 
  4-15    requirements provided in this Code section. 
 
  4-16    (h) The board may issue a temporary permit for not longer 
  4-17    than 30 days to any person who is licensed in another 
  4-18    state or territory of the United States which has 
  4-19    licensing requirements substantially similar to the 
  4-20    licensing requirements provided in this Code section if 
  4-21    such person, in the course of an investigation which arose 
  4-22    in the state in which he or she is licensed, finds it 
  4-23    necessary to conduct an investigation in this state. Such 
  4-24    temporary permit shall be limited to the scope of such 
  4-25    investigation. No more than one temporary permit shall be 
  4-26    issued in any 12 month period." 
 
  4-27                           SECTION 4. 
 
  4-28  Said chapter is further amended by striking in its entirety 
  4-29  subsection (a) of Code Section 43-38-7, relating to the 
  4-30  registration of employees, and inserting in lieu thereof the 
  4-31  following: 
 
  4-32    "(a) Any licensee may employ as many agents, operators, 
  4-33    assistants, guards, watchmen, or patrolmen as he or she 
  4-34    deems necessary for the conduct of his or her business, 
  4-35    provided that such employees meet the requirements and 
  4-36    qualifications for registration under this chapter." 
 
  4-37                           SECTION 5. 
 
  4-38  Said chapter is further amended by striking subsection (a) 
  4-39  of Code Section 43-38-10, relating to permits to carry 
  4-40  firearms, and inserting in lieu thereof the following: 
 
 
 
                                 -4- 
 
 
 
  5- 1    "(a) The board may grant a permit to carry a pistol, 
  5- 2    revolver, or other firearm to any person who is at least 
  5- 3    21 years of age and who is licensed or registered in 
  5- 4    accordance with this chapter and who meets the 
  5- 5    qualifications and training requirements set forth in this 
  5- 6    Code section and such other qualifications and training 
  5- 7    requirements as the board by rule may establish. The board 
  5- 8    shall have the authority to establish limits on type and 
  5- 9    caliber of such weapons by rule. Application for such 
  5-10    permit and for renewal thereof shall be made on forms 
  5-11    provided by the joint-secretary. No weapons permit issued 
  5-12    under this Code section shall be transferable to another 
  5-13    individual." 
 
  5-14                           SECTION 6. 
 
  5-15  Said chapter is further amended by striking in its entirety 
  5-16  paragraph (8) of subsection (a) of Code Section 43-38-11, 
  5-17  relating to the denial, revocation, or sanction of licenses 
  5-18  and registrations, and inserting in lieu thereof the 
  5-19  following: 
 
  5-20    "(8) Been convicted of impersonating, or permitting or 
  5-21    aiding and abetting Impersonated, or permitted or aided 
  5-22    and abetted any other person to impersonate, a law 
  5-23    enforcement officer or employee of the United States or of 
  5-24    this state or of any political subdivision thereof in the 
  5-25    practice of the private detective or private security 
  5-26    business;" 
 
  5-27                           SECTION 7. 
 
  5-28  Said chapter is further amended by striking in its entirety 
  5-29  subsection (a) of Code Section 43-38-14, relating to 
  5-30  exceptions to the operation of such chapter, and inserting 
  5-31  in lieu thereof the following: 
 
  5-32    "(a) This chapter shall not apply to: 
 
  5-33      (1) An officer or employee of the United States of 
  5-34      America or of this state or a political subdivision 
  5-35      thereof while the employee or officer is engaged in the 
  5-36      performance of official duties; 
 
  5-37      (2) A person engaged in the business of furnishing 
  5-38      information in connection with credit, employment, or 
  5-39      marketing, or other business decisions or transactions, 
  5-40      and a person or firm engaged as a consumer reporting 
  5-41      agency, as defined by the federal Fair Credit Reporting 
  5-42      Act; 
 
 
                                 -5- 
 
 
 
  6- 1      (3) An attorney at law or a bona fide legal assistant in 
  6- 2      performing his or her duties; 
 
  6- 3      (4) Admitted insurers, agents, and insurance brokers 
  6- 4      licensed by the state while performing duties in 
  6- 5      connection with insurance transacted by them; 
 
  6- 6      (5) A peace officer employed on a full-time basis by a 
  6- 7      federal, state, county, or local law enforcement agency 
  6- 8      who contracts directly with an employer to work during 
  6- 9      his or her off-duty hours and whose off-duty employment 
  6-10      is conducted on an independent contractor basis with an 
  6-11      another employer other than a peace officer engaged in 
  6-12      the private detective or private security business or a 
  6-13      private detective or private security agency, subject to 
  6-14      Code Section 16-10-3, relating to the receipt of funds 
  6-15      by state officers or employees for the enforcement of 
  6-16      penal laws; 
 
  6-17      (6) A firm engaged in the business of independent 
  6-18      insurance claims adjusting whose employees hold a valid 
  6-19      Georgia adjuster's license; or 
 
  6-20      (7) The employees of a firm mentioned in paragraph (6) 
  6-21      of this subsection." 
 
  6-22                           SECTION 8. 
 
  6-23  All laws and parts of laws in conflict with this Act are 
  6-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -6-