SD4 - The Study of the Establishment of a Private Investigator's Board

  • Published: 1988
  • Author: Department of Commerce and Board of Commerce
  • Enabling Authority: Senate Joint Resolution 144 (Regular Session, 1987)

Executive Summary:
A. Study Overview

Senate Joint Resolution Number 144 requests the Board of Commerce to study the desirability of establishing a regulatory board known as the Private Investigator's Board and, if recommended, to develop proposals concerning the composition and powers and duties of the Private Investigator's Board.

Under the provisions of Sections 54-1.7 and 54-1.26 of the Code of Virginia, this study's focus was to protect the public health, safety and welfare through the least restrictive means.

Since 1976, private investigators have been regulated by the Department of Commerce as a part of the Private Security Services Businesses regulatory program under Chapter 17.3 of Title 54 of the Code. Firms offering private investigator services must possess a Private Security Services Business License. Employees who actually conduct private investigations must be registered, pass a background check for criminal conviction records, and within a specified time frame, pass the Compulsory Minimum Training Standards promulgated by the Virginia Department of Criminal Justice Services.

This study is very much an examination of the effectiveness of the current regulatory statute.

B. Key Findings

1. The current statute adequately protects the public health, safety and welfare. Regulations may be revised to address public hazards which may be identified in the future.

2. Most other states regulate private investigators at the state level through an agency of the state government rather than through a board composed, at least in part, of private investigators.

3. Most licensed private investigator firms surveyed state they follow a code of ethics. Eleven private investigator professional organizations were identified. None appear to have sufficient influence to assure the public's protection.

4. The public does not experience difficulty in locating competent private investigators.

5. No private investigator practices were identified which were, in and of themselves, detrimental to third parties or to the public health, safety and welfare.

C. Conclusions

Five conclusions were reached as a result of the Board's study.

1. The current regulatory law is sufficient to protect the public health, safety and welfare.

2. The minimum age of eligibility for a private investigator registration should be increased from 18 to 21 years of age.

3. Some licensed private investigation firms feel that the current training standards are inadequate for their needs.

4. The current registration card is not always adequate to identify an individual as a private investigator.

5. The 120 day temporary registration allowed by statute is not appropriate for private investigators.

D. Recommendations

The Board of Commerce makes the following recommendations:

1. That a Private Investigator's Board is not desirable and that no action should be taken to enact same.

2. Amend the regulations governing Private Security· Services Businesses to raise from 18 years to 21 years the minimum eligibility age to qualify for a private investigator registration.

3. Amend the regulations governing Private Security Services Businesses to delete the provision allowing private investigator temporary registrations.

4. That the Department of Commerce develop a registration card for private investigators which clearly identifies them as "private investigators" and "private detectives."

5. That the private investigator industry create a task force to identify problems with the current training standards and cooperate with the Department of Criminal Justice Services in developing revised training regulations, if necessary.