Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 18, Title 40 of the 1976 Code is amended by adding:
"Section 40-18-75.
(A) No private investigator or any
member of the private investigator's private investigation
business shall reveal information relating to the representation
of a client unless the client gives informed consent, the
disclosure is impliedly authorized in order to carry out the
representation, or the disclosure is permitted by subsection
(B).
(B) A private
investigator may reveal information relating to the
representation of a client to the extent the private
investigator reasonably believes necessary to:
(1)
prevent the client from committing a criminal act;
(2)
prevent reasonably certain death or substantial bodily
harm;
(3)
secure legal advice about the private investigator's
compliance with applicable laws and regulations;
(4)
establish a claim or defense on behalf of the private
investigator in a controversy between the private investigator
and the client or to establish a defense to a criminal charge or
civil claim against the private investigator based upon conduct
in which the client was involved, or to respond to allegations
in a proceeding concerning the private investigator's
representation of the client; or
(5)
comply with a law or court order.
(C) It is unlawful for
a private investigator or any member of the private
investigator's private investigation business to:
(1)
knowingly represent a person whose interests are
materially adverse to that of the private investigator's current
or former client unless the current or former client, as
applicable, gives informed consent;
(2)
use information relating to the representation to the
disadvantage of a current or former client except as
specifically permitted by this section or when the information
has become generally known; or
(3)
reveal information in violation of this section.
(D) In addition to
other penalties for a violation of the provisions of this
chapter, a person who violates the provisions of this section
must reimburse any and all current and former clients for any
and all payments made to the private investigator or private
investigation business for a representation that violates this
section. /
Renumber sections to conform.
Amend title to conform.