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§ 13-101. Definitions

West's Annotated Code of MarylandBusiness Occupations and ProfessionsEffective: October 1, 2015

West's Annotated Code of Maryland
Business Occupations and Professions
Title 13. Private Detectives (Refs & Annos)
Subtitle 1. Definitions; General Provisions (Refs & Annos)
Effective: October 1, 2015
MD Code, Business Occupations & Professions, § 13-101
§ 13-101. Definitions
In general
(a) In this title the following words have the meanings indicated.
Central Repository
(b) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
Certification card
(c) “Certification card” means a card issued by the Secretary under § 13-406 of this title to an individual certified as a private detective.
Firm
(d) “Firm” means a partnership or corporation.
Firm member
(e) “Firm member” means a partner of a partnership or an officer or director of a corporation.
License
(f) “License” means, unless the context requires otherwise, a license issued by the Secretary to conduct a business to provide private detective services.
Licensed private detective agency
(g) “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.
Private detective
(h) “Private detective” means an individual who personally provides private detective services.
Private detective agency
(i) “Private detective agency” means a person who conducts a business that provides private detective services.
Provide private detective services
(j)(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.
Representative member
(k) “Representative member” means a firm member who is appointed under § 13-302(b) of this title to act on behalf of the firm.
Secretary
(l) “Secretary” means the Secretary of State Police.

Credits

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1994, c. 165, § 3, eff. July 1, 1994; Acts 1994, c. 166, § 3, eff. July 1, 1994; Acts 1995, c. 3, § 2, eff. March 7, 1995; Acts 1996, c. 602, § 2, eff. Oct. 1, 1996; Acts 1997, c. 84, § 1, eff. Oct. 1, 1997; Acts 2002, c. 379, § 1, eff. Oct. 1, 2002; Acts 2002, c. 418, §§ 1, 3, eff. Oct. 1, 2002; Acts 2015, c. 424, § 1, eff. Oct. 1, 2015.
Formerly Art. 56, § 543.
MD Code, Business Occupations & Professions, § 13-101, MD BUS OCCUP & PROF § 13-101
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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