Senate Bill No. 390
(By Senators Palumbo, Yost and Green)
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[Introduced January 29, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §30-18-11 of the Code of West Virginia,
1931, as amended, relating to penalties for violations of
private investigative and security services regulations.
Be it enacted by the Legislature of West Virginia:
That §30-18-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.
§30-18-11. Penalties.
(a) Any person, licensed or unlicensed, who shall violate
violates any of the provisions of this article is guilty of a
misdemeanor and, upon conviction, shall be fined not less than $100
nor more than $5,000 or be confined in jail for not more than one
year, or both.
(b) In the case of a violation of subsection (a) of section
eight, a fine shall be is assessed by the court for each day that an individual conducted the private investigation business or
security guard business. In the case of a firm license, the fine
shall be is based on each day that such the private investigative
or security services were provided multiplied by the number of
unauthorized persons providing such those services.
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(NOTE: The purpose of this bill is to clarify that, upon
conviction, it is the court who assesses a fine.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
)