§ 13-101. Definitions

   (a) In general. -- In this title the following words have the meanings indicated.

(b) Central Repository. -- "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(c) Certification card. -- "Certification card" means a card issued by the Secretary under § 13-406 of this title to an individual certified as a private detective.

(d) Firm. -- "Firm" means a partnership or corporation.

(e) Firm member. -- "Firm member" means a partner of a partnership or an officer or director of a corporation.

(f) License. -- "License" means, unless the context requires otherwise, a license issued by the Secretary to conduct a business to provide private detective services.

(g) Licensed private detective agency. -- "Licensed private detective agency" means, unless the context requires otherwise, a person who is licensed by the Secretary to conduct a business that provides private detective services.

(h) Private detective. -- "Private detective" means an individual who personally provides private detective services.

(i) Private detective agency. -- "Private detective agency" means a person who conducts a business that provides private detective services.

(j) Provide private detective services. --

   (1) "Provide private detective services" means to provide, for compensation, the service of:

      (i) conducting an investigation that concerns:

         1. a crime or wrong committed, assumed to have been committed, or threatened to be committed;

         2. the identity, habits, conduct, movement, location, affiliations, associations, transactions, reputation, or character of any person;

         3. the credibility of a witness or of any other individual;

         4. the location of a missing individual;

         5. the location or recovery of lost or stolen property;

         6. the origin or cause of or responsibility for:

            A. a fire;

            B. an accident;

            C. any damage to or loss of property; or

            D. an injury to an individual;

         7. the affiliation, connection, or relation of any person with an organization or other person; or

         8. the activities, conduct, efficiency, loyalty, or honesty of any employee, agent, contractor, or subcontractor;

      (ii) securing evidence for use before any investigating committee, board of award, or board of arbitration or for use in the trial of any civil or criminal cause;

      (iii) nonuniformed personal protection; or

      (iv) conducting an investigation to locate or apprehend a fugitive from justice, unless the person:

         1. conducting the investigation is a property bail bondsman or licensed by the Insurance Commissioner of the State or a similar licensing body of another state as a bail bondsman;

         2. is an employee of a property bail bondsman or a licensed bail bondsman for the purpose of locating or apprehending fugitives from justice; or

         3. is authorized as an agent by a property bail bondsman or licensed bail bondsman in advance of the apprehension of a fugitive from justice.

   (2) "Provide private detective services" does not include:

      (i) performing any activity of a person who is engaged exclusively in the business of making investigations and reports that relate to the financial standing, creditworthiness, or financial responsibility of any person;

      (ii) performing any activity of a person who is engaged exclusively in the business of making a report for an insurance or credit purpose, except if the making of the report involves an investigation or surveillance of a sort normally performed by a person who otherwise is subject to this title;

      (iii) monitoring an electronically controlled burglar or fire alarm system with a central unit; or

      (iv) making a marketing survey.

(k) Representative member. -- "Representative member" means a firm member who is appointed under § 13-302(b) of this title to act on behalf of the firm.

(l) Secretary. -- "Secretary" means the Secretary of State Police.

HISTORY: An. Code 1957, art. 56, § 543; 1989, ch. 3, § 1; 1994, ch. 165, § 3; ch. 166, § 3; 1995, ch. 3, § 2; 1996, ch. 602, § 2; 1997, ch. 84; 2002, ch. 379; ch. 418, § 1, 3; 2003, ch. 21, § 7.