Senate Bill No. 382
(By Senator Schoonover)
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[Introduced February 3, 1998; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section two, article eighteen,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to including
the experience of serving as a magistrate to qualify a
person for application for a private investigators license.
Be it enacted by the Legislature of West Virginia:
That section two, article eighteen, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-2. Eligibility requirements for license to conduct the
private investigation business.
(a) In order to be eligible for any license to conduct the
private investigation business, an applicant shall:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or an alien who is
legally residing within the United States;
(3) Not have had any previous license to conduct a private
investigation business or to conduct a security guard business
revoked or any application for any such licenses or registrations
denied by the appropriate governmental authority in this or any
other state or territory;
(4) Not have been declared incompetent by reason of mental
defect or disease by any court of competent jurisdiction unless
a court has subsequently determined that the applicant's
competency has been restored;
(5) Not suffer from habitual drunkenness or from
narcotics addiction or dependence;
(6) Be of good moral character;
(7) Have a minimum of two years of experience, education or
training in any one of the following areas, or some combination
thereof:
(A) Course work that is relevant to the private
investigation business at an accredited college or university;
(B) Employment as a member of any United States government
investigative agency, employment as a member of a state or local
law-enforcement agency, or service as a sheriff;
(C) Employment by a licensed private investigative or detective agency for the purpose of conducting the private
investigation business; or
(D) Service as a magistrate in this state; or
(D) (E) Any other substantially equivalent training or
experience.
(8) Not have been convicted of a felony in this state or any
other state or territory;
(9) Not have been convicted of any of the following:
(A) Illegally using, carrying or possessing a pistol or
other dangerous weapon;
(B) Making or possessing burglar's instruments;
(C) Buying or receiving stolen property;
(D) Entering a building unlawfully;
(E) Aiding an inmate's escape from prison;
(F) Possessing or distributing illicit drugs;
(G) Any misdemeanor involving moral turpitude or for which
dishonesty of character is a necessary element; and
(10) Not have violated any provision of section eight of
this article.
The provisions of this section shall not prevent the
issuance of a license to any person who, subsequent to his or her
conviction, shall have received an executive pardon therefor,
removing this disability.
(b) Any person who qualifies for a private investigator's license shall also be qualified to conduct security guard
business upon notifying the secretary of state in writing that
the person will be conducting such business.
NOTE: The purpose of this bill is to provide that persons
who have served as magistrates in this state for two years will
be eligible to apply for private investigative or security
licensure.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.