Relates to licenses for private investigators, bail enforcement agents and watch, guard or patrol agencies

2 Co-sponsors

• George D. Maziarz
• Diane J. Savino

BILL NUMBER:S4000

Title of bill

An act to amend the general business law, in relation to licenses for private investigators, bail enforcement agents and watch, guard or patrol agencies

Purpose

Increases the penalties for any person, firm, company, partnership or corporation who violates any provisions of the private investigator licensing law to a class E felony and allows a District Attorney to prosecute such offenses.

Summary of provisions

Section 1 of the bill increases the penalties for any person, firm, company, partnership or corporation who offers the services of a private investigator without being duly licensed to do so.

Section 2 of the bill retains current penalties for persons offering services in relation to bail enforcement agents and watch, guard, or patrol agencies without being duly licensed to do so.

Section 3 of the bill allows a district attorney to prosecute violations of this Article.

Section 4 of the bill is the effective date.

Justification

By increasing current penalties, it is the sponsor's intent to deter persons from offering and performing services of a private investigator without being duly licensed to do so. Private investigators offer a broad array of services, including but not limited to, conducting private investigations to locate missing persons, obtaining confidential information, locating and recovering lost and stolen property, and/or ascertaining the cause and origin of, or responsibility for fires, libels, losses, accidents, or injuries to real or personal property. It is in the interest of the public to require persons performing these important functions to be licensed to do so. Current licensing laws require applicants for a license to file an application, be at least 25 years of age, and have passed a written examination. In order to ensure accuracy of these investigations and public safety, violation of the licensing provisions should result in a person being charged with a class E felony as opposed to a misdemeanor.

Existing law

Current law classifies violations of the private investigator, bail enforcement agent, and watch, guard, or patrol agent licensing laws as class B misdemeanors.

For most other professions licensed by New York State, unlicensed practice already constitutes a class E felony.

Legislative history

New Bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect one year after it shall have become a law.