A2566

ASSEMBLY, No. 2566

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED MARCH 15, 2004

Sponsored by:

Assemblyman PETER J. BARNES, JR.

District 18 (Middlesex)

Assemblyman GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman ANTHONY CHIAPPONE

District 31 (Hudson)

SYNOPSIS

Revises law governing private investigators; requires bounty hunters to be licensed.

CURRENT VERSION OF TEXT

As introduced.

(Sponsorship Updated As Of: 5/4/2004)

An Act concerning private investigators and amending and supplementing P.L.1939, c.369.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1939, c.369 (C.45:19-8) is amended to read as follows:

1. This act may be known and cited as "[The Private Detective Act of 1939] The Licensed Private Investigator Act."

(cf: P.L.1939, c.369, s.1)

2. Section 2 of P.L.1939, c.369 (C.45:19-9) is amended to read as follows:

2. Definitions:

(a) The term "private [detective] investigator business" shall mean the business of conducting a private [detective] investigator agency or for the purpose of making for hire or reward any investigation or investigations for the purpose of obtaining information with reference to any of the following matters, notwithstanding the fact that other functions and services may also be performed by the same person, firm, association or corporation for fee, hire or reward, to wit: (1) crime or wrong done or threatened or assumed to have been done or threatened against the Government of the United States of America, or any State, Territory or Possession of the United States of America; (2) the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, background, certification, training, lineage or character of any person, association, organization, society or groups of persons, firms or corporations; (3) the credibility of witnesses or other persons; (4) the whereabouts of missing persons; (5) the location or recovery of lost or stolen property; (6) the causes and origin of, or responsibility for, fires, libels, accidents, damage, injuries or losses to persons, firms, associations or corporations, or to real or personal property; (7) the affiliation, connection or relation, genealogical or other, of any person, firm or corporation with any organization, society, association, or with any official member or representative thereof; (8) with reference to the conduct, honesty, efficiency, loyalty, background, qualifications or activities of employees, agents, contractors and subcontractors; (9) the securing of evidence to be used before any investigating committee, board of award, board of arbitration, or in the trial of any civil or criminal cause; provided, however, that the term shall not include a person, firm, association or corporation engaged exclusively in the business of making investigations and reports as to the financial standing, credit and financial responsibility of persons, firms, associations or corporations nor to electrically controlled burglar or fire alarm system with a central unit, nor to any person, firm, association or corporation engaged in the business of making reports for insurance or credit purposes. Also it shall mean the furnishing for hire or reward of watchmen or guards or private patrolmen or other persons to protect persons or property, either real or personal, or for any other purpose whatsoever. The term shall not include and nothing in this act shall apply to any lawful activity of any board, body, commission or agency of the United States of America or of any State, Territory or Possession of the United States of America, or any county, municipality, school district, or any officer or employee solely, exclusively and regularly employed by any of the foregoing; nor to any attorney or counsellor-at-law in connection with the regular practice of his profession, nor to any person regularly and exclusively employed by any such attorney or counsellor-at-law when engaged upon his employer's business, provided that the person is listed on the attorney’s employee and payroll rosters and is not paid or compensated by the attorney as a subcontractor, agent, subagent or expert; nor to any employee, investigator or investigators solely, exclusively and regularly employed by any person, firm, association or corporation which is not engaged in any of the businesses hereinbefore described in items numbered one to nine, both inclusive, of this subsection in so far as their acts may relate solely to the business of the respective employers; nor to any person, firm, association or corporation licensed to do a business of insurance of any nature under the insurance laws of this State, nor to any employee or licensed agent thereof; nor to any person, firm, association or corporation conducting any investigation solely for its own account.

The term shall mean and include any bounty hunter, bail runner, bail recovery agent, bail enforcement agent, fugitive recovery agent or any other person who, for fee, hire or reward: makes any investigation or investigations as to the location or whereabouts of any person who has violated the provisions of N.J.S.2C:29-7 or has failed to appear in any court of law in this State or any other state, when so required by law, or has failed to answer any charge, subpoena or court ordered inquiry, when so required by law; assists in the apprehension, arrest, detention, confinement, surrender or securing of any such person; or keeps any such person under surveillance.

(b) The terms "the business of [detective] investigator agency," "the business of investigator" and "the business of watch, guard or patrol agency" shall mean any person, firm, association or corporation engaged in the private [detective] investigator business as defined in subsection (a) of this section, who employs one or more persons in conducting such business.

(c) The [terms] term "private [detective" or "]investigator" shall mean and include any person who singly and for his own account and profit conducts a private [detective] investigator business without the aid or assistance of any employees or associates.

(d) The masculine shall include the feminine and the neuter genders.

(e) The term "superintendent" means the Superintendent of the Division of State Police in the Department of Law and Public Safety.

(f) The terms "firm" and "association" shall include partnerships, but shall not include corporations.

(cf: P.L.1971, c.342, s.1)

3. Section 3 of P.L.1939, c.369 (C.45:19-10) is amended to read as follows:

3. No person, firm, association or corporation shall engage in the private [detective] investigator business or as a private [detective or] investigator or advertise his or its business to be a private [detective] investigator business or that of a [detective] investigator agency or investigator without having first obtained from the superintendent a license to conduct such business, as hereinafter provided. Any person, firm, association or corporation who shall violate any of the provisions of this section shall be guilty of a [misdemeanor] crime of the fourth degree. Each violation of the provisions of this section shall constitute a separate offense.

(cf: P.L.1939, c.369, s.3)

4. Section 4 of P.L.1939, c.369 (C.45:19-11) is amended to read as follows:

4. Any person, firm, association or corporation desiring to conduct a private [detective] investigator business or the business of a private [detective or] investigator shall, for each bureau or agency, subagency, office and branch office to be owned, conducted, managed or maintained by such person, firm, association or corporation for the conduct of such business, submit to the Superintendent of State Police the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The superintendent shall cause such fingerprints to be compared to fingerprints filed with the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. These fingerprints will be provided in addition to a written application duly signed and verified, accompanied, in the case of an application by a person, with the written approval of not less than five reputable citizens who [shall be freeholders of the county where such applicant resides or in the county in which it is proposed to conduct such business] have known the applicant for at least three years preceding the date of application, and who shall certify that the applicant is a person of good moral character and behavior, and in the case of a firm, the written approval of five reputable citizens for each of the members of the firm who [shall be freeholders of the county where each member of the firm resides or the county in which it is proposed to conduct such business] have known the applicant for at least three years preceding the date of application, and who shall certify that the applicant is a person of good moral character and behavior, or in the case of an association or corporation, the written approval by five reputable citizens for each officer and director of the corporation who [shall be freeholders of the county where such officers and directors reside, or of the county in which it is proposed to conduct such business] have known the applicant for at least three years preceding the date of application, and who shall certify that the applicant is a person of good moral character and behavior. Such approvals shall be signed and acknowledged by the respective citizens before an officer authorized to take acknowledgments of conveyances of real property. The application shall be completed and submitted on a form and in the manner prescribed by the superintendent and shall state the following: Name, age, residence, present and previous occupations of the applicant, or in case of a firm, of each member of the firm, or in the case of an association or corporation, of each officer and director thereof; that each of the foregoing persons are citizens of the United States; the name of the municipality and the location therein by street number or other apt description where is to be located the principal place of business and the location of each bureau, agency, subagency, office or branch office for which a license is desired, and such other facts as may be required by the superintendent [as will tend to show the character, competency and integrity of each person or individual signing such application]. Any person who shall knowingly state any fact falsely or knowingly omit any material information from an application shall be guilty of a [misdemeanor] crime of the fourth degree.

(cf: P.L.2003, c.199, s.29)

5. Section 5 of P.L.1939, c.369 (C.45:19-12) is amended to read as follows:

5. The superintendent, when satisfied from the examination of any application and such further inquiry and investigations as he shall deem proper as to the good character, competency and integrity of the applicant and the persons named in the application, shall issue and deliver to the applicant a license to conduct such business. Such licensee shall be permitted to own, conduct and maintain one or more bureaus, agencies, subagencies, offices or branch offices for the conduct of such business at the locations stated in said application, upon the payment by the applicant to the superintendent of a license fee, which shall be established by the superintendent by rule and regulation, for each location so licensed [which in the case of an individual shall be $250.00, and in the case of a firm, association or corporation shall be $300.00]. Any license or renewal thereof shall be further conditioned upon the applicant executing and delivering to the superintendent a bond with a surety company authorized to be surety in the State of New Jersey, as surety, and approved as to form, manner of execution and sufficiency by the superintendent of the State Police, running to the State of New Jersey and which shall be for the benefit of any person injured by willful, malicious or wrongful act of the applicant (with a sufficient surety bond), which [in the case of an individual shall be $3,000.00, and in the case of a firm, association or corporation $5,000.00] shall be in an amount established by the superintendent by rule and regulation, which said bond shall be conditioned for the faithful and honest conduct of such business by the applicant. The license so granted by the superintendent shall be valid for a period of 2 years, and upon renewal thereof said applicant shall pay to the superintendent [in the case of an individual a license fee of $200.00 and in the case of a firm, association or corporation $250.00] a renewal fee in an amount established by the superintendent by rule and regulation for each location for which such a license is renewed. The license shall be revocable by the superintendent after hearing for cause. In case of revocation or surrender of any license, no refund shall be made of any license fee paid under the provisions hereof. The license shall be in a form to be prescribed by the superintendent and shall set forth, in addition to any other information deemed appropriate by the superintendent, the full name of the applicant, the location of the principal office or place of business, and the location of each bureau, agency, subagency, office or branch office for which the license is issued, date on which it is issued, the date on which it will expire, and the name or names of the persons named in the application, and their respective addresses. In the event of any change in the membership of the firm or in the officers or directors of any association or corporation or any change in the address of any office or location of such business the superintendent shall be notified in writing of such change within 5 days thereafter, and failure to give such notification shall be sufficient cause for revocation of such license.

No license shall be issued to a person under the age of 25 years, nor to any person, firm, association or corporation unless such person or at least one member of the firm and one officer or director of the association or corporation has had at least 5 years' experience as an investigator or as a police officer with an organized police department of the State or a county or municipality thereof, or with an investigative agency of the United States of America or any State, county or municipality thereof.

No license shall be issued to any person, firm, association or corporation if the person or any member of such firm or any officer or director of such association or corporation has been convicted, as indicated by a criminal history record background check performed pursuant to the provisions of section 4 of P.L.1939, c.369 (C.45:19-11), of any crime of the first, second, third or fourth degree; any offense involving the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2; or any offense where the issuance of a license would be contrary to the public interest, as determined by the superintendent.

The superintendent and all members of the State Police shall hold as confidential all information obtained as a result of any investigation of any applicant or officer, assistant, or employee of any holder of any license issued under the provisions of this act, and the same shall not be divulged except to a law enforcement agency for law enforcement purposes or by an order so to do by a court of record of this State.

(cf: P.L.1971, c.342, s.2)

6. Section 3 of P.L.1971, c. 342 (C.45:19-12.1) is amended to read as follows:

3. a. [Subsequent to the effective date of this act, every] Every licensee shall pay to the superintendent an additional fee [of $15.00], in an amount established by the superintendent by rule and regulation, for each person in its employ engaged in [said] employment in this State as a private [detective or] investigator which terms shall include watchmen, guards and private patrolmen. Any licensee who shall employ any person [in the aforementioned categories] subsequent to its securing a license or renewal thereof and for whom the fee [of $15.00] set forth in this section has not been paid shall pay the fee [of $15.00] set forth in this section for each [of said persons] person prior to the commencement of [said] employment with the licensee. Thereafter any licensee at the time of any renewal if its license hereunder shall pay a renewal fee [of $5.00], in an amount established by the superintendent by rule and regulation, for each of [said] these employees [in the aforementioned categories] for whom an initial fee [of $15.00] has been paid by [said] the licensee.

b. Any licensee who shall employ any person [in the aforementioned categories] as set forth in subsection a. [above] of this section without having paid the fees in accordance with [said] subsection a. shall be [a disorderly person] guilty of a crime of the fourth degree. Each violation of this section shall constitute a separate offense.

(cf: P.L.1971, c.342, s.3)

7. Section 6 of P.L.1939, c.369 (C.45:19-13) is amended to read as follows:

6. Any person, firm, association or corporation to whom a license may be issued in accordance with this act shall surrender such license and all duplicate copies thereof to the superintendent within five days after such license shall have expired or shall have been revoked, suspended or surrendered. Failure to comply with the provisions of this section shall constitute a [misdemeanor] crime of the fourth degree.

(cf: P.L.1939, c.369, s.6)

8. Section 7 of P.L.1939, c.369 (C.45:19-14) is amended to read as follows:

7. Before any applicant shall exercise any rights under the license issued to him such license, or a certified copy thereof, shall be posted and at all times thereafter while the same is in force be displayed in a conspicuous place in the principal office and in each bureau, agency, subagency, office or branch office for which it is issued. Any person, firm, association or corporation holding any license issued by the superintendent under this act who posts or permits such license to be posted upon premises other than those described therein, or to which it may be transferred pursuant to the provisions of this act, or who fails to maintain such license in a conspicuous place in such offices or places of business, or knowingly alters, defaces or destroys any such license or permits the alteration, defacement or destruction thereof, shall be guilty of a [misdemeanor] crime of the fourth degree. In the event that any license or certified copy thereof issued by the superintendent is lost or destroyed, notice of such loss or destruction shall be given to the superintendent forthwith, and the superintendent may, in his discretion, issue a duplicate or certified copy thereof. Upon written application to the superintendent setting forth a proposed change in the location of any office or place of business of the licensee as set forth in his license, the superintendent may authorize a new location for any such office or place of business, in which case the licensee shall produce to the superintendent his license and all copies thereof, to the end that the superintendent may either endorse thereon such change of location or issue a new license as of the same date as the original license in lieu of the license so surrendered.

(cf: P.L.1939, c.369, s.7)

9. Section 8 of P.L.1939, c.369 (C.45:19-15) is amended to read as follows:

8. The holder of any license issued under the provisions of this act may employ to assist him in his work and in the conduct of his business as many persons as he may deem necessary, and he shall at all times during such employment be accountable for the good conduct in the business of each and every person so employed. No such employee need be the holder of a license issued under this act, but his employer shall be responsible for his actions and conduct in connection with such employer's business. Should the holder of a license falsely state or represent that any person is or has been in his employ, such false statement or misrepresentation shall constitute a crime of the fourth degree and shall be sufficient cause for the revocation of such license. Any person falsely stating or representing that he is or has been [a detective] an investigator employed by a private [detective] investigator business licensed under this act shall be guilty of a [misdemeanor] crime of the fourth degree. Any person who may be or has been employed by the holder of a license under this act shall not divulge to anyone other than his employer, or in such manner and to such person as his employer shall direct, any information acquired by him during such employment in respect to any work to which he shall have been assigned by such employer, except as such disclosure may be required by the provisions of this act or in connection with any investigation of a licensee by the superintendent. Any person violating any of the provisions of this section, and any employee of a licensed private [detective] investigator business who shall willfully make a false report or statement to his employer in respect to any matter or thing connected with his employment shall be guilty of a [misdemeanor] crime of the fourth degree.

The prosecutor [of the pleas] of the county in which any conviction for a violation of any provision of this act shall, within ten days thereafter, make and file with the superintendent a report showing the date of such conviction, the name of the person convicted and the nature of the charge.

(cf: P.L.1948, c.152, s.2)

10. Section 9 of P.L.1939, c.369 (C. 45:19-16) is amended to read as follows:

9. No holder of any unexpired license issued pursuant to this act shall knowingly employ in connection with his or its business in any capacity whatsoever, any person who has been convicted of [a high misdemeanor or] any of the following [misdemeanors,] crimes or offenses[, and who has not subsequent to such conviction received executive pardon therefor removing any civil disabilities incurred thereby, to wit]:

(a) [illegally using, carrying or possessing a pistol or other dangerous weapon;] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

(b) [making or possessing burglar's instruments;] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

(c) [buying or receiving stolen property;] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

(d) [unlawful entry of a building;] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

(e) [aiding escape from prison;] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

(f) [unlawfully possessing or distributing habit-forming narcotic drugs;] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

(g) [any person whose private detective or investigator's license was revoked or application for such license was denied by the superintendent or by the authorities of any other State or territory because of conviction of any of the crimes or offenses specified in this section] (Deleted by amendment, P.L. , c. .) (now pending before the Legislature as this bill)

h. any crime of the first, second, third or fourth degree;

i. any offense involving the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2;

j. any offense where employment of the person by a license holder would be contrary to the public interest, as determined by the superintendent. Should the holder of an unexpired license falsely state or represent that a person is or has been in his employ, such false statement or misrepresentation shall constitute a crime of the fourth degree and shall be sufficient cause for the revocation of such license.

No person shall be employed by any holder of a license until he shall have executed and furnished to such license holder a verified statement, to be known as "employee's statement," setting forth:

(a) His full name, age, residence address, and place of and date of birth.

(b) The country of which he is a citizen.

(c) The business or occupation engaged in for the five years immediately preceding the date of the filing of the statement, setting forth the place or places where such business or occupation was engaged in, and the name or names of employers, if any.

(d) That he has not been convicted of [a high misdemeanor or of any offense involving moral turpitude or of any of the misdemeanors or offenses] any crime or offense described in this section.

(e) Such further information as the superintendent may by rule require to show the good character, competency, and integrity of the person executing the statement.

The employee shall submit to the Superintendent of State Police the employee's name, address, fingerprints and written consent for a criminal history background check to be performed. The superintendent is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history background check, including all costs of administering and processing the check. If the superintendent finds that such person has been convicted of [a first, second or third degree crime, or any other] any crime or offense specified in this section, he shall immediately notify the holder of such license and shall also refer the matter to the prosecutor [of the pleas] of the county in which the employee resides. The superintendent may also from time to time cause such fingerprints to be checked against the fingerprints filed with the State bureau of identification or of other official fingerprint files within or without this State, and if he finds that such person has been convicted of [a high misdemeanor or any other] any crime or offense specified in this section he shall immediately notify the holder of such license and shall also refer the matter to the prosecutor [of the pleas] of the county in which the employee resides. The superintendent shall at all times be given access to and may from time to time examine the fingerprints retained by the holder of a license as provided in this section.

If any holder of a license shall file with the superintendent the fingerprints of a person other than the person so employed, he shall be guilty of a [misdemeanor] crime of the fourth degree in addition to any other crime or offense specified by applicable law. A licensee who employs any person for whom a criminal history record background check required by this section has not been performed or whom the licensee knows has been convicted of a disqualifying crime or offense as set forth in this section shall be guilty of a crime of the fourth degree in addition to any other crime or offense specified by applicable law. Each violation of this section shall constitute a separate offense. (cf: P.L.2003, c.199, s.30)

11. Section 10 of P.L.1939, c.369 (C.45:19-17) is amended to read as follows:

10. For the purpose of identification of persons engaged in the conduct of a private [detective] investigator business, or as a private [detective or] investigator, each such person shall carry and show when requested an identification card, which shall be [a white card 4 1/4" x 2 1/2", in the form hereinafter set forth, to be signed, in the case of a private detective or investigator by himself, and in the case of employees of a private detective business by the employer as follows:

(1) If the bearer be a private detective or investigator, as follows:

Photograph License No. .......................

one square

inch Date of Expiration ................

THIS IS TO CERTIFY THAT .................. is licensed and bonded by the State of New Jersey as a private detective in pursuance to "An act to license and regulate the business of private detectives and private detective agencies, and providing penalties for violation of its provisions," and is vested with all authorities allowed him by law.

.......................................................

Signature of Private Detective.

(2) If the bearer be an employee of a private detective business, as follows:

Photograph License No. .......................

one square

inch Date of Expiration.................

THIS IS TO CERTIFY THAT .................. is employed as an investigator, by the undersigned, a duly licensed and bonded private detective agency, in pursuance to "An act to license and regulate the business of private detectives and private detective agencies, and providing penalties for violation of its provisions," and is vested with all authorities allowed him by law.

...................................

Signature of Employee.

...................................

Signature of employer] in a form prescribed by the superintendent and shall set forth such information as required by the superintendent. The superintendent shall make such identification cards available to licensees for a fee which shall be established by the superintendent by rule and regulation.

(cf: P.L.1939, c.369, s.10)

12. Section 11 of P.L.1939, c.369 (C.45:19-18) is amended to read as follows:

11. No private [detective or] investigator or employee of a private [detective] investigator business who is in possession of any identification card, as provided for in [the preceding section] section 10 of P.L.1939, c.369 (C.45:19-17), shall loan, give or transfer such identification card to any other person, nor shall the private investigator or employee allow or permit any other person to [use] possess, exhibit or display such identification card, and in case of the loss of any such identification card, the investigator or employee shall forthwith notify the superintendent of such loss and the circumstances surrounding the same. No person shall possess, exhibit or display an identification card which was issued to a private investigator or employee of a private investigator business pursuant to section 10 of P.L.1939, c.369 (C.45:19-17). Any person violating the provisions of this section [or any person who shall display or use the identification card of another without authority, for the purpose of deceiving any person as to his identity] shall be guilty of a [misdemeanor] crime of the fourth degree.

(cf: P.L.1939, c.369, s.11)

13. Section 12 of P.L.1939, c.369 (C.45:19-19) is amended to read as follows:

12. No person licensed under the provisions of this act, or the officers, directors, employees, operators or agents thereof, shall wear, carry, possess, exhibit, display or accept any badge or shield purporting to indicate that such person is a private [detective or] investigator or connected with the private [detective] investigator business[, but any such person, officer, director, employee, operator or agent, who is acting as a guard or performs any special service, may, while in uniform, and while on the premises of the employer of the licensee where he is so acting, wear a badge or shield inscribed with the name of the license holder, number, and the word "Guard" or "Special Service."] or holds a position as an officer, member, employee or agent of any organization or association of law enforcement officers. Any person violating the provisions of this section shall be guilty of a [misdemeanor] crime of the fourth degree, in addition to any other crime or offense specified by applicable law.

(cf: P.L.1953, c.404, s.1)

14. Section 13 of P.L.1939, c.369 (C.45:19-20) is amended to read as follows:

13. a. Any licensee under the provisions of this act shall, on notice from the superintendent, discontinue any advertising or the use of any advertisement, seal or card, which in the opinion of the superintendent may tend to mislead the public. Failure to comply with any such order of the superintendent shall constitute a crime of the fourth degree and shall be cause for revocation of the license of such licensee.

b. All persons shall be prohibited from advertising their business to be that of, or hold themselves out to be, a bail runner, bounty hunter, bail recovery agent, bail enforcement agent, fugitive recovery agent or similar title. A violation of this subsection shall constitute a crime of the fourth degree and shall be cause for revocation of any license issued pursuant to the provisions of this act.

(cf: P.L.1939, c.369, s.13)

15. Section 14 of P.L.1939, c.369 (C.45:19-21) is amended to read as follows:

14. Any person, firm, association or corporation licensed under the provisions of this act who shall issue identification cards to any person other than a bona fide employee, or who shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a private [detective or] investigator or is engaged in the private [detective] investigator business, to any person or persons other than those lawfully entitled to such identification cards shall be guilty of a [misdemeanor] crime of the fourth degree, in addition to any other crime or offense specified by applicable law.

(cf: P.L.1939, c.369, s.14)

16. Section 15 of P.L.1939, c.369 (C.45:19-22) is amended to read as follows:

15. For the purpose of investigating whether a person has engaged in, or is engaging in any act or practice prohibited by this act, or for the purpose of investigating the character, competency, integrity and methods of operation of applicants or licensees hereunder, or of the officers, directors, operatives, agents or employees of any applicant or licensee, the superintendent shall have the power to [issue subpoenas and compel the attendance of witnesses. All such subpoenas shall be under the hand of the superintendent and the seal of the Department of State Police, and upon service thereof the witnesses shall be paid or tendered the fees to which they would be entitled if they were subpoenaed by a court of record. If the person duly subpoenaed shall fail to obey such subpoena without reasonable cause, or shall without cause refuse to be examined or answer any relevant or proper questions as to the character, actions or qualifications of such applicant or licensee or any of his employees he shall be guilty of a misdemeanor. The testimony of witnesses in any proceeding before the superintendent shall be under oath and the superintendent or a subordinate of the Department of State Police designated in writing by the superintendent may administer such oath, and willful false swearing in any such proceeding or inquiry shall constitute a high misdemeanor]:

a. require any person to file on such form as may be prescribed by the superintendent, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning any matter being investigated;

b. administer oaths or affirmations and examine any person in connection with any investigation;

c. inspect any premises and examine and impound any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing, without prior notification, in connection with any investigation;

d. hold investigative hearings and issue subpoenas to compel the attendance of any person or the production of any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing in connection with any investigation; and

e. apply to the Superior Court for an order compelling compliance with any subpoena or other request for information.

(cf: P.L.1939, c.369, s.15)

17. Section 16 of P.L.1939, c.369 (C.45:19-23) is amended to read as follows:

16. Any person, firm, association or corporation incorporated or licensed under the laws of any other State of the United States, and intending to conduct a private [detective] investigator business or act as a private [detective or] investigator within this State shall file in the office of the superintendent a written application, on a form and in the manner prescribed by the superintendent by rule and regulation, duly signed and verified and obtain from the superintendent a license as herein provided and shall be subject to all the provisions of this act.

(cf: P.L.1939, c.369, s.16)

18. Section 17 of P.L.1939, c.369 (C.45:19-24) is amended to read as follows:

17. Licenses issued under any other law of this State prior to the passage of this act, authorizing the conduct of a private [detective] investigator business or the business of a private [detective or] investigator, shall continue in force until the expiration thereof, but such licensees in all other respects shall be subject to all the provisions of this act.

(cf: P.L.1939, c.369, s.17)

19. Section 18 of P.L.1939, c.369 (C.45:19-25) is amended to read as follows:

18. The superintendent is hereby authorized to use such members of the [Department] Division of State Police as he may deem necessary to enable him to carry out the provisions of this act and to enforce compliance therewith.

(cf: P.L.1939, c.369, s.18)

20. Section 19 of P.L.1939, c.369 (C.45:19-26) is amended to read as follows:

19. A violation of any of the provisions of this act shall be cause for revocation of any license issued hereunder, notwithstanding that the same violation may constitute a [misdemeanor or high misdemeanor] crime or other offense under the laws of this State. An indictment, prosecution and conviction arising out of any of the provisions of this act shall not be construed to preclude, if the evidence so warrants, an indictment, prosecution and conviction for any other crime or offense in this State or any other state.

(cf: P.L.1939, c.369, s.19)

21. (New section) Whenever in any law, rule, regulation, contract, document, administrative proceeding or otherwise, reference is made to "The Private Detective Act of 1939," the same shall mean and refer to "The Licensed Private Investigator Act."

22. (New section) a. Any person who is required to be licensed pursuant to the provisions of this act who enters any premises or dwelling without license or privilege or who employs the use of unlawful force in assisting in the apprehension, arrest, detention, confinement, surrender, securing or surveillance of any person who has violated the provisions of N.J.S.2C:29-7 or has failed to appear in any court of law in this State or any other state, when so required by law, or has failed to answer any charge, subpoena or court ordered inquiry, when so required by law, shall, in addition to any other criminal penalties provided under law, be guilty of a crime of the fourth degree.

As used in this section, the term “unlawful force” shall have the same meaning as set forth in N.J.S.2C:3-11.

b. A person who is required to be licensed pursuant to the provisions of this act shall not purchase, possess or carry a handgun, firearm or other weapon unless otherwise permitted under chapter 39 or 58 of Title 2C of the New Jersey Statutes. A person who violates the provisions of this subsection shall, in addition to any other criminal penalties provided under law, be guilty of a crime of the fourth degree.

23. (New section) The superintendent may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

24. This act shall take effect on the first day of the thirteenth month following enactment, except that the superintendent may take, prior to the effective date, such anticipatory administrative action as shall be necessary for the implementation of this act.

STATEMENT

This bill would revise the law that currently governs private investigators and include bounty hunters within its provisions.

Private investigators are currently regulated under the Private Detective Act of 1939. This act, which has not been substantially revised since it was enacted, uses the term private detective to refer to what is commonly known in the industry today as a private investigator. Because private investigators should not be confused with detectives, who are law enforcement officers, the bill renames the act "The Licensed Private Investigator Act." References throughout the act to "detective" have been changed to "investigator."

The bill also includes bounty hunters within the provisions of the act. Under the bill, bounty hunters, who are currently unregulated, would be subject to the same licensing requirements as private investigators. Specifically, the definition of a "private investigator business" would include bounty hunters, bail runners, bail recovery agents, bail enforcement agents, fugitive recovery agents or any other persons who, for fee, hire or reward: (1) investigate the location or whereabouts of persons who have jumped bail, failed to make a required court appearance or failed to answer a charge, subpoena or court ordered inquiry; (2) assist in the apprehension, arrest, detention, confinement, surrender or securing of such a person; or (3) keep any such person under surveillance.

The bill also specifies that in addition to the current information that private investigator businesses are authorized to obtain, they also may obtain information concerning the: 1) background, certification, training or lineage of persons, associations or organizations; 2) genealogical or other relation between persons, firms or corporations and other organizations or societies; and 3) background or qualifications of employees, agents, contractors or subcontractors.

Currently, attorneys and their employees do not have to be licensed as private investigators. The bill clarifies that this exemption only applies to persons regularly and exclusively employed by an attorney who are listed on the attorney's employee and payroll roster and are not the attorney's subcontractor, agent, subagent or expert.

Under current law, applicants for a private investigator business license are required to obtain the approval of five county freeholders. The bill changes this antiquated requirement to five citizens who have known the applicant for three years and will certify that the applicant is of good moral character.

The bill also provides that the initial and renewal fee for a license, the required surety bond, and the initial and renewal fee that a private investigator business must pay for each employee hired are to be set by the Superintendent of State Police. The form of and the fee for the private investigator identification card also are to be determined by the superintendent under the bill.

The bill prohibits a private investigator license from being issued to a person or firm if the person or a member of the firm has been convicted of a crime of the first, second, third or fourth degree; a crime involving the use of a controlled dangerous substance; or any other offense the superintendent deems contrary to the public interest. A licensee also is prohibited from employing a person convicted of any of these crimes. A licensee who violates this provision is guilty of a fourth degree crime.

Under the bill, information obtained during the investigation of an applicant for licensure may be released by the State Police to other law enforcement agencies for law enforcement purposes. Currently, this information may only be released pursuant to a court order.

The bill prohibits licensees from advertising themselves as bounty hunters. Persons who violate this provision would be guilty of a crime of the fourth degree and would have their license revoked. The bill also establishes as a fourth degree crime misleading advertising by licensees.

In investigating a violation of this act, the bill authorizes the superintendent to: (1) require the filing of a sworn, written form, statement or report containing the facts and circumstances of a matter being investigated; (2) administer oaths or affirmations and examine any person in connection with any investigation; (3) inspect any premises and examine and impound any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing, without prior notification, in connection with any investigation; (4) hold investigative hearings and issue subpoenas to compel the attendance of any person or the production of any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing in connection with any investigation; and (5) apply to the Superior Court for an order compelling compliance with any subpoena or other request for information.

The bill prohibits licensees from unlawfully entering a premises or dwelling and from using unlawful force in apprehending, arresting or detaining a bail jumper. The bill also specifies that licensees may only possess a handgun or firearm if otherwise permitted by law. Violations of these provisions constitute a crime of the fourth degree. Finally, the bill replaces references to misdemeanors, which are no longer used in the State's criminal code, with the appropriate crime. The bill also makes other technical and clarifying amendments.