102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1831
 
Introduced 2/17/2021, by Rep. Rita Mayfield
 
SYNOPSIS AS INTRODUCED:
 

 
  
225 ILCS 447/40-5

     Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that reasonable attorney's fees and costs may be awarded to a licensee, interested party, or person injured if he or she successfully obtains injunctive relief, whether by consent or otherwise. Effective immediately.
  


LRB102 13569 SPS 18917 b

 
 
A BILL FOR
 

  
HB1831LRB102 13569 SPS 18917 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  



 
 
4    Section 5. The Private Detective, Private Alarm, Private 
5Security, Fingerprint Vendor, and
Locksmith Act of 2004 is 
6amended  by changing Section 40-5 as follows:
 



7    (225 ILCS 447/40-5)



8    (Section scheduled to be repealed on January 1, 2024)

9    Sec. 40-5. Injunctive relief. 
10    (a) The practice of a private
detective, private security 
11contractor, private alarm
contractor, fingerprint vendor, 
12locksmith, private detective agency, private
security 
13contractor agency, private alarm contractor agency,

14fingerprint vendor agency, or locksmith agency by any person, 
15firm, corporation, or other
legal entity that has not been 
16issued a license by the
Department or whose license has been 
17suspended, revoked, or
not renewed is hereby declared to be 
18inimical to the public
safety and welfare and to constitute a 
19public nuisance. The
Secretary may, in the name of the People 
20of the State of Illinois through the Attorney General of the 
21State of Illinois or the State's Attorney
of any county in 
22which the violation is alleged to have occurred in the State of 
23Illinois, petition for an order enjoining the violation or for 
 
 
HB1831- 2 -LRB102 13569 SPS 18917 b

1an order enforcing compliance with this Act. Upon the
filing 
2of a verified petition in court, if satisfied by
affidavit or 
3otherwise that the person, firm, corporation, or
other legal 
4entity is or has been conducting activities in
violation of 
5this Act, the court may enter a temporary
restraining order or 
6preliminary injunction, without bond,
enjoining the defendant 
7from further activity. A copy of the
verified complaint shall 
8be served upon the defendant and the
proceedings shall be 
9conducted as in civil cases. If it is
established the 
10defendant has been or is conducting activities
in violation of 
11this Act, the court may enter a judgment
enjoining the 
12defendant from that activity. In case of
violation of any 
13injunctive order or judgment entered under
this Section, the 
14court may punish the offender for contempt
of court. 
15Injunctive proceedings shall be in addition to all
other 
16penalties under this Act.

17    (b) If any person practices as a private detective, 
18private security contractor, private alarm contractor, 
19fingerprint vendor, locksmith, private detective agency, 
20private security contractor agency, private alarm contractor 
21agency, fingerprint vendor agency, or locksmith agency or 
22holds himself or herself out as such without having a valid 
23license under this Act, then any licensee, any interested 
24party, or any person injured thereby may, in addition to the 
25Secretary, petition for relief as provided in subsection (a) 
26of this Section. Reasonable attorney's fees and costs may be 
 
 
HB1831- 3 -LRB102 13569 SPS 18917 b

1awarded to the licensee, interested party, or person injured 
2if he or she successfully obtains injunctive relief, whether 
3by consent or otherwise. 
4(Source: P.A. 98-253, eff. 8-9-13.)

 
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.