Chapter 111

2008 -- S 2873 SUBSTITUTE A

Enacted 06/30/08

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PRIVATE DETECTIVE ACT

Introduced By: Senator Walter S. Felag

Date Introduced: March 13, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-5-2 and 5-5-20 of the General Laws in Chapter 5-5 entitled

"Private Detective Act" are hereby amended to read as follows:

5-5-2. Definitions. -- As used in this chapter:

      (1) "Applicant" means any person who has applied for permission to engage in any act or

activity that is regulated pursuant to the provisions of this chapter.

      (2) "License" means any license required by this chapter.

      (3) "License fee" means any moneys required by law to be paid for the issuance or

renewal of any license required by the regulations.

      (4) "Local licensing authority" means the town councils of license boards of the several

towns, the mayor and city council or license bureau of a city.

      (5) "Private detective" means a person who is hired for the purpose of conducting

investigations involving:

      (i) Inquiries into unsolved crimes;

      (ii) Clandestine surveillance;

      (iii) The search for missing persons; and

      (iv) The search for lost or stolen property.

      (6) Words in the singular include the plural and the plural includes the singular.

(7) “Computer forensic specialist” means a person who holds a professional certification

as a computer examiner and who interprets, evaluates, tests, or analyzes pre-existing data from

computers, computer systems, networks or other electronic media, provided to them by another

person who owns, controls or possesses said computer, computer system, network or other

electronic media.

5-5-20. Exemptions. -- (a) Nothing in this chapter includes the activities of any person

employed by any federal or state agency or any city or town as an investigator. Nothing in this

chapter shall be construed to require a detective's license in order to interview parties and/or

witnesses in legal matters.

      (b) Nothing in this chapter shall be construed to require a detective's license of any of the

following:

      (1) An agent, employee, or assistant to a licensed "detective" whose duties are in

connection with the regular and customary business of his or her contracting agency;

      (2) A person engaged in earning his or her livelihood by genealogical work and the

compilation of family history while so engaged;

      (3) An insurance investigator; or

      (4) A credit reporting bureau or agency whose business is principally the furnishing of

information as to business and financial standing and credit responsibility.

(5) An individual employed as a computer forensic specialist who holds professional

certification as a computer examiner.

     SECTION 2. This act shall take effect upon passage.

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LC02467/SUB A

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