Bill Text: NJ A983 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies authority of private investigators to perform executive protection services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A983 Detail]
Download: New_Jersey-2010-A983-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Clarifies authority of private investigators to perform executive protection services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning private detectives and amending P.L.1939, c.369.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 business" shall mean the business of conducting a private detective 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 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 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 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; and (10) notwithstanding the provisions of the "Security Officer Registration Act," P.L.2004, c.134 (C.45:19A-1 et seq.), executive protection; 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. 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 counselor-at-law in connection with the regular practice of his profession, nor to any person employed by any such attorney or counsellor-at-law when engaged upon his employer's business; 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 insofar 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.
(b) The terms "the business of detective agency" and "the business of investigator" shall mean any person, firm, association or corporation engaged in the private detective business as defined in subsection (a) of this section, who employs one or more persons in conducting such business, but shall not include the business of watch, guard or patrol agency.
(c) The terms "private detective" or "investigator" shall mean and include any person who singly and for his own account and profit conducts a private detective 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 State Police.
(f) The terms "firm" and "association" shall include partnerships, but shall not include corporations.
(g) The term "executive protection" means actions necessary to protect a person, group of persons, or intellectual or proprietary property, including corporate or similar data, as requested by a person, business, corporation, attorney, law firm, or other entity.
(cf: P.L.2004, c.134, s.13)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies that private investigators licensed in this State under the provisions of the "Private Detective Act of 1939" continue to be authorized to provide executive protection services to businesses and other entities. Under the bill, the provisions of the Security Officer Registration Act, enacted in 2004, do not effect this authority.
The bill defines "executive protection" as actions necessary to protect a person, group of persons, or intellectual or proprietary property, including corporate or similar data as requested by a person, business, corporation, attorney, law firm, or other entity.
As much of the work involved in providing executive protection services is investigative in nature, it is not surprising that licensed private detectives have been performing executive protection functions in this State for decades. Such investigative functions include background investigations, surveillance, counter-surveillance, suspect and witness interviews, protective countermeasures and activities, advance work, threat assessment, and location canvassing and surveys. Under the bill, licensed private detectives would continue to be authorized to perform this service for their clients.
