SHERIFFS, CONSTABLES, AND POLICE OFFICERS
PRIVATE INVESTIGATORS, SECURITY GUARDS, AND BAIL RECOVERY AGENTS
In this chapter:
I. "Applicant" means any person who makes application to engage in any activity regulated under this chapter.
II. "Armed security guard, private investigator, or bail recovery agent" means a person or entity who offers to perform or performs, in association with the services provided, physical protection to persons or property through the use of firearms. Nothing in this chapter shall prohibit a licensee from possessing or carrying a firearm for his or her personal protection as otherwise provided by law, except as subject to the provisions of RSA 106-F:8.
III. "Bail recovery agent" shall have the same meaning as that term is defined in RSA 597:7-b, I(b).
IV. "Commissioner" means the commissioner of the department of safety.
V. "Doing business" means advertising in New Hampshire or soliciting work, clients, or customers in or from New Hampshire.
VI. "Employee" means an individual employed by a private investigative agency or an individual employed by a security guard service or bail recovery service performing the duties of a private investigator or a security guard for the said private investigative agency, bail recovery service, or security guard service.
VII. "Full-time" means engaged in the business of security guard or private investigator as the primary occupation.
VIII. "Individual" means an individual licensed as a private investigator or security guard who is not an employee and who has no employees.
IX. "Licensee" means a licensed private investigative agency or security guard service, or an individual licensed as a private investigator or security guard.
X. "License holder" means an employee of a licensee.
XI. "Private investigative agency" means the business, within or from the state of New Hampshire, of offering or providing by legal means, for a fee or other compensation, to other persons or businesses, the service of collecting information on the identity, character and characteristics, reputation, conduct, background history, movements, whereabouts, affiliations, or transactions of any other living person or any business or legal entity or organization, for a fee, hire, or reward information on the identity, conduct, movements, whereabouts, affiliations, transactions, reputation, or character of any person, or otherwise making inquiries or collecting evidence, for a private rather than a public interest. This shall not preclude a licensee under this chapter from pursuing investigation of matters arising in this state in another state or political subdivision except as provided by the law of the other state or political subdivision.
XII. "Private investigator" means a person, other than a sworn law enforcement officer, engaged in conducting investigations, including but not limited to:
(a) Unsolved crimes.
(b) Insurance claims or matters for attorneys in anticipation of civil litigation.
(c) Clandestine surveillance.
(d) Locating missing persons.
(e) Locating lost, concealed, or stolen property.
(f) Locating escaped felons or wanted persons subject to reward for capture.
XIII. "Security guard" means any person contracted to any entity for the purpose of providing protection of individuals or their property or assets from injury or theft and includes but is not limited to crowd control, fire watch, access control, the safe transport of money or valuable documents, personal protection, or body guard services. A person engaged in so-called "executive protection" or providing body guard services shall be classified as a security guard.
XIV. "Security guard service" means any business entity, except as provided in RSA 106-F:4, that furnishes or employs security guards or other persons for the protection of individuals or their property from injury or theft and includes, but is not limited to, services providing for the safe transport of money or valuable documents and security patrols of homes, businesses, or industrial plants. Such service may use the terms "security," "safety," "control," or like terms leading the public to look to the individual as a person of authority.
Source. 2019, 324:1, eff. July 1, 2019.