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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Private Detective, Private Alarm, Private | ||||||||||||||||||||||||||||||||
5 | Security, and
Locksmith Act of 2004 is amended by changing | ||||||||||||||||||||||||||||||||
6 | Sections 5-10, 10-5, 35-30, 35-45, and 25-5 as follows:
| ||||||||||||||||||||||||||||||||
7 | (225 ILCS 447/5-10)
| ||||||||||||||||||||||||||||||||
8 | (Section scheduled to be repealed on January 1, 2014)
| ||||||||||||||||||||||||||||||||
9 | Sec. 5-10. Definitions. As used in this Act:
| ||||||||||||||||||||||||||||||||
10 | "Advertisement" means any printed material that is | ||||||||||||||||||||||||||||||||
11 | published in a phone book,
newspaper, magazine, pamphlet, | ||||||||||||||||||||||||||||||||
12 | newsletter, or other similar type of publication
that is
| ||||||||||||||||||||||||||||||||
13 | intended to either attract business or merely provide contact | ||||||||||||||||||||||||||||||||
14 | information to
the public for
an agency or licensee. | ||||||||||||||||||||||||||||||||
15 | Advertisement shall include any material disseminated by
| ||||||||||||||||||||||||||||||||
16 | printed or electronic means or media, but shall not include a | ||||||||||||||||||||||||||||||||
17 | licensee's or an
agency's
letterhead, business cards, or other | ||||||||||||||||||||||||||||||||
18 | stationery used in routine business
correspondence or
| ||||||||||||||||||||||||||||||||
19 | customary name, address, and number type listings in a | ||||||||||||||||||||||||||||||||
20 | telephone directory.
| ||||||||||||||||||||||||||||||||
21 | "Alarm system" means any system, including an electronic | ||||||||||||||||||||||||||||||||
22 | access control
system, a
surveillance video system, a security | ||||||||||||||||||||||||||||||||
23 | video system, a burglar alarm system, a
fire alarm
system, or | ||||||||||||||||||||||||||||||||
24 | any other electronic system, that activates an audible, | ||||||||||||||||||||||||||||||||
25 | visible,
remote, or
recorded signal that is designed for the | ||||||||||||||||||||||||||||||||
26 | protection or detection of intrusion,
entry, theft,
fire, | ||||||||||||||||||||||||||||||||
27 | vandalism, escape, or trespass.
| ||||||||||||||||||||||||||||||||
28 | "Armed employee" means a licensee or registered person who | ||||||||||||||||||||||||||||||||
29 | is employed by an
agency licensed or an armed proprietary | ||||||||||||||||||||||||||||||||
30 | security force registered under this
Act who carries a weapon | ||||||||||||||||||||||||||||||||
31 | while engaged in the
performance
of official duties within the | ||||||||||||||||||||||||||||||||
32 | course and scope of his or her employment during
the hours
and |
| |||||||
| |||||||
1 | times the employee is scheduled to work or is commuting between | ||||||
2 | his or her
home or
place of employment, provided that commuting | ||||||
3 | is accomplished within one hour
from
departure from home or | ||||||
4 | place of employment.
| ||||||
5 | "Armed proprietary security force" means a security force | ||||||
6 | made up of 5 or
more
armed individuals employed by a private, | ||||||
7 | commercial, or industrial operation or
one or
more armed | ||||||
8 | individuals employed by a financial institution as security | ||||||
9 | officers
for the
protection of persons or property.
| ||||||
10 | "Board" means the Private Detective, Private Alarm, | ||||||
11 | Private Security, and
Locksmith Board.
| ||||||
12 | "Branch office" means a business location removed from the | ||||||
13 | place of business
for which an agency license has been issued, | ||||||
14 | including but not limited to
locations where active employee | ||||||
15 | records that are required to be maintained
under this Act are | ||||||
16 | kept, where prospective new
employees
are processed, or where | ||||||
17 | members of the public are invited in to transact
business. A
| ||||||
18 | branch office does not include an office or other facility | ||||||
19 | located on the
property of an
existing client that is utilized | ||||||
20 | solely for the benefit of that client and is
not owned or
| ||||||
21 | leased by the agency.
| ||||||
22 | "Corporation" means an artificial person or legal entity | ||||||
23 | created by or under
the
authority of the laws of a state, | ||||||
24 | including without limitation a corporation,
limited liability | ||||||
25 | company, or any other legal entity.
| ||||||
26 | "Department" means the Department of Professional | ||||||
27 | Regulation.
| ||||||
28 | "Director" means the Director of Professional Regulation.
| ||||||
29 | "Employee" means a person who works for a person or agency | ||||||
30 | that has the
right to
control the details of the work performed | ||||||
31 | and is not dependent upon whether or
not
federal or state | ||||||
32 | payroll taxes are withheld.
| ||||||
33 | "Fire alarm system" means any system that is activated by | ||||||
34 | an automatic or
manual device in the detection of smoke, heat, | ||||||
35 | or fire that activates an
audible, visible, or
remote signal | ||||||
36 | requiring a response.
|
| |||||||
| |||||||
1 | "Firearm authorization card" means a card issued by the | ||||||
2 | Department that
authorizes
the holder to carry a weapon during | ||||||
3 | the performance of his or her duties as
specified in
this Act.
| ||||||
4 | "Firm" means an unincorporated business entity, including | ||||||
5 | but not limited to
proprietorships and partnerships.
| ||||||
6 | "Locksmith" means
a person who engages in a business or | ||||||
7 | holds himself out to the public as
providing a service that | ||||||
8 | includes, but is not limited to, the servicing,
installing, | ||||||
9 | originating first keys, re-coding, repairing, maintaining,
| ||||||
10 | manipulating, or bypassing of a mechanical or electronic | ||||||
11 | locking device, access
control or video surveillance system at | ||||||
12 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
13 | automatic teller machines.
| ||||||
14 | "Locksmith agency" means a person, firm, corporation, or | ||||||
15 | other legal entity
that engages
in the
locksmith business and | ||||||
16 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
17 | least
one other person in conducting such business.
| ||||||
18 | "Locksmith licensee-in-charge" means a person who has been | ||||||
19 | designated by
agency to be the licensee-in-charge of an agency,
| ||||||
20 | who is a
full-time management employee or owner who assumes | ||||||
21 | sole responsibility
for
maintaining all records required by | ||||||
22 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
23 | licensed agency's compliance with its responsibilities as | ||||||
24 | stated
in this Act. The Department shall adopt rules mandating | ||||||
25 | licensee-in-charge
participation in agency affairs.
| ||||||
26 | "Licensee" means any person or entity that has been issued | ||||||
27 | a license under this Act. All references to "licensee" found in | ||||||
28 | this Act shall also apply to all persons or entities registered | ||||||
29 | under this Act.
| ||||||
30 | "Peace officer" or "police officer" means a person who, by | ||||||
31 | virtue of office
or
public
employment, is vested by law with a | ||||||
32 | duty to maintain public order or to make
arrests for
offenses, | ||||||
33 | whether that duty extends to all offenses or is limited to | ||||||
34 | specific
offenses.
Officers, agents, or employees of the | ||||||
35 | federal government commissioned by
federal
statute
to make | ||||||
36 | arrests for violations of federal laws are considered peace |
| |||||||
| |||||||
1 | officers.
| ||||||
2 | "Permanent employee registration card" means a card issued | ||||||
3 | by the Department
to an
individual who has applied to the | ||||||
4 | Department and meets the requirements for
employment by a | ||||||
5 | licensed agency under this Act.
| ||||||
6 | "Person" means a natural person.
| ||||||
7 | "Private alarm contractor" means a person who engages in a | ||||||
8 | business that
individually or through others undertakes, | ||||||
9 | offers to undertake, purports to
have the
capacity to | ||||||
10 | undertake, or submits a bid to sell, install, monitor, | ||||||
11 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
12 | security-related systems or parts thereof,
including fire
| ||||||
13 | alarm systems, at protected premises or premises to be | ||||||
14 | protected or responds to
alarm
systems at a protected premises | ||||||
15 | on an emergency basis and not as a full-time
security officer. | ||||||
16 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
17 | corporation that
manufactures or sells alarm systems
only from | ||||||
18 | its place of business and does not sell, install, monitor, | ||||||
19 | maintain,
alter, repair, replace, service, or respond to alarm | ||||||
20 | systems at protected
premises or premises to be protected.
| ||||||
21 | "Private alarm contractor agency" means a person, | ||||||
22 | corporation, or other
entity
that
engages in the private alarm | ||||||
23 | contracting business and employs, in addition to
the private
| ||||||
24 | alarm contractor-in-charge, at least one other person in | ||||||
25 | conducting such
business.
| ||||||
26 | "Private alarm contractor licensee-in-charge" means a | ||||||
27 | person who has been
designated by an
agency to be the | ||||||
28 | licensee-in-charge of an agency, who is a full-time management
| ||||||
29 | employee or owner who
assumes sole
responsibility for | ||||||
30 | maintaining all records required by this Act, and who
assumes
| ||||||
31 | sole
responsibility for assuring the licensed agency's | ||||||
32 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
33 | Department shall adopt rules mandating licensee-in-charge | ||||||
34 | participation in
agency affairs.
| ||||||
35 | "Private detective" means any person who by any means, | ||||||
36 | including but not
limited to manual or electronic methods, |
| |||||||
| |||||||
1 | engages in the business of, accepts
employment
to furnish, or | ||||||
2 | agrees to make or makes investigations for a fee or other
| ||||||
3 | consideration to
obtain information relating to:
| ||||||
4 | (1) Crimes or wrongs done or threatened against the | ||||||
5 | United States, any
state or
territory of the United States, | ||||||
6 | or any local government of a state or
territory.
| ||||||
7 | (2) The identity, habits, conduct, business | ||||||
8 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
9 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
10 | whereabouts, affiliations, associations, transactions, | ||||||
11 | acts,
reputation, or character of any person, firm, or | ||||||
12 | other entity by any means,
manual or electronic.
| ||||||
13 | (3) The location, disposition, or recovery of lost or | ||||||
14 | stolen property.
| ||||||
15 | (4) The cause, origin, or responsibility for fires, | ||||||
16 | accidents, or injuries
to
individuals or real or personal | ||||||
17 | property.
| ||||||
18 | (5) The truth or falsity of any statement or | ||||||
19 | representation.
| ||||||
20 | (6) Securing evidence to be used before any court, | ||||||
21 | board, or investigating
body.
| ||||||
22 | (7) The protection of individuals from bodily harm or | ||||||
23 | death (bodyguard
functions).
| ||||||
24 | (8) Service of process in criminal and civil | ||||||
25 | proceedings without court
order.
| ||||||
26 | "Private detective agency" means a person, firm, | ||||||
27 | corporation, or other legal
entity that engages
in the
private | ||||||
28 | detective business and employs, in addition to the | ||||||
29 | licensee-in-charge,
one or more
persons in conducting such | ||||||
30 | business.
| ||||||
31 | "Private detective licensee-in-charge" means a person who | ||||||
32 | has been designated
by an agency
to be the licensee-in-charge | ||||||
33 | of an
agency,
who is a full-time management employee or owner
| ||||||
34 | who assumes sole
responsibility
for
maintaining all records | ||||||
35 | required by this Act, and who assumes sole
responsibility
for | ||||||
36 | assuring
the licensed agency's compliance with its |
| |||||||
| |||||||
1 | responsibilities as stated in this
Act. The Department shall | ||||||
2 | adopt rules mandating licensee-in-charge
participation in | ||||||
3 | agency affairs.
| ||||||
4 | "Private security contractor" means a person who engages in | ||||||
5 | the business of
providing a private security officer, watchman, | ||||||
6 | patrol, or a similar service by
any other
title or name on a | ||||||
7 | contractual basis for another person, firm, corporation, or
| ||||||
8 | other entity
for a fee or other consideration and performing | ||||||
9 | one or more of the following
functions:
| ||||||
10 | (1) The prevention or detection of intrusion, entry, | ||||||
11 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
12 | governmental property.
| ||||||
13 | (2) The prevention, observation, or detection of any | ||||||
14 | unauthorized activity
on
private or governmental property.
| ||||||
15 | (3) The protection of persons authorized to be on the | ||||||
16 | premises of the
person,
firm, or other entity for which the | ||||||
17 | security contractor contractually provides
security | ||||||
18 | services.
| ||||||
19 | (4) The prevention of the misappropriation or | ||||||
20 | concealment of goods, money,
bonds, stocks, notes, | ||||||
21 | documents, or papers.
| ||||||
22 | (5) The control, regulation, or direction of the | ||||||
23 | movement of the public
for
the
time specifically required | ||||||
24 | for the protection of property owned or controlled
by the | ||||||
25 | client.
| ||||||
26 | (6) The protection of individuals from bodily harm or | ||||||
27 | death (bodyguard
functions).
| ||||||
28 | "Private security contractor agency" means a person, firm, | ||||||
29 | corporation, or
other legal entity that
engages in
the private | ||||||
30 | security contractor business and that employs, in addition to | ||||||
31 | the
licensee-in-charge, one or more persons in conducting such | ||||||
32 | business.
| ||||||
33 | "Private security contractor licensee-in-charge" means a | ||||||
34 | person who has been
designated by an agency to be the
| ||||||
35 | licensee-in-charge of an
agency, who is a full-time management | ||||||
36 | employee or owner
who assumes sole responsibility for |
| |||||||
| |||||||
1 | maintaining all records required by this
Act, and who
assumes | ||||||
2 | sole responsibility for assuring the licensed agency's | ||||||
3 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
4 | Department shall adopt rules mandating
licensee-in-charge | ||||||
5 | participation in agency affairs.
| ||||||
6 | "Proprietary security force" means a security force made up | ||||||
7 | of 5 or more individuals employed by a qualified employer as | ||||||
8 | security officers.
| ||||||
9 | "Public member" means a person who is not a licensee or | ||||||
10 | related to a
licensee, or who is not an employer or employee of | ||||||
11 | a licensee. The term
"related to" shall be determined by the | ||||||
12 | rules of the Department.
| ||||||
13 | "Qualified employer" means any person, firm, corporation, | ||||||
14 | or subsidiary or department of a firm or corporation that | ||||||
15 | employs 5 or more security officers on a proprietary basis for | ||||||
16 | the person's or entity's own use. | ||||||
17 | "Security officer" means a person, other than a police | ||||||
18 | officer, employed by a qualified employer to principally | ||||||
19 | perform one or more of the following functions: | ||||||
20 | (1) The prevention or detection of intrusion, entry, or | ||||||
21 | theft that is not abuse, fire, or trespass on private or | ||||||
22 | governmental property. | ||||||
23 | (2) The prevention, observation, or detection of any | ||||||
24 | unauthorized activity on private or governmental property. | ||||||
25 | (3) The protection of individuals or property from harm | ||||||
26 | or other unlawful activity. | ||||||
27 | (4) The prevention of the misappropriation or | ||||||
28 | concealment of goods, money, bonds, stocks, notes, | ||||||
29 | documents, or papers. | ||||||
30 | (5) The protection of individuals from bodily harm or | ||||||
31 | death through bodyguard functions.
| ||||||
32 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
33 | (225 ILCS 447/10-5)
| ||||||
34 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
35 | Sec. 10-5. Requirement of license or registration .
|
| |||||||
| |||||||
1 | (a) It is unlawful for a person to act as or provide the | ||||||
2 | functions of a
private detective, private security contractor, | ||||||
3 | private alarm contractor, or
locksmith , or security officer or | ||||||
4 | to advertise or to assume to act as any one of these, or to use
| ||||||
5 | these or any other title implying that the person is engaged in | ||||||
6 | any of these
activities unless licensed or registered as such | ||||||
7 | by the Department. An individual or sole
proprietor who does | ||||||
8 | not employ any employees other than himself or herself may
| ||||||
9 | operate under a "doing business as" or assumed name | ||||||
10 | certification without
having to obtain an agency license, so | ||||||
11 | long as the assumed name is first
registered with the | ||||||
12 | Department.
| ||||||
13 | (b) It is unlawful for a person, firm, corporation, or | ||||||
14 | other legal entity
to act as an agency or qualified employer
| ||||||
15 | licensed under this Act, to advertise, or to assume to
act as a | ||||||
16 | licensed agency or qualified employer or to use a title | ||||||
17 | implying that the person, firm, or
other entity is engaged in | ||||||
18 | the practice as a private detective agency, private
security | ||||||
19 | contractor agency, private alarm contractor agency, or | ||||||
20 | locksmith
agency unless licensed by the Department.
| ||||||
21 | (c) No agency shall operate a branch office without first | ||||||
22 | applying for and
receiving a branch office license for each | ||||||
23 | location.
| ||||||
24 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
25 | (225 ILCS 447/25-5)
| ||||||
26 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
27 | Sec. 25-5. Exemptions; private security contractor. The
| ||||||
28 | provisions of this Act related to licensure of a private
| ||||||
29 | security contractor do not apply to either
any of the | ||||||
30 | following:
| ||||||
31 | (1) An employee of the United States, Illinois, or a
| ||||||
32 | political subdivision of either while the employee is | ||||||
33 | engaged
in the performance of his or her official duties | ||||||
34 | within the
scope of his or her employment. However, any | ||||||
35 | such person who
offers his or her services as a private |
| |||||||
| |||||||
1 | security contractor or
uses a similar title when these | ||||||
2 | services are performed for
compensation or other | ||||||
3 | consideration, whether received directly
or indirectly, is | ||||||
4 | subject to this Act.
| ||||||
5 | (2) A person employed as either an armed or unarmed
| ||||||
6 | security officer at a nuclear energy, storage, weapons, or
| ||||||
7 | development site or facility regulated by the United States
| ||||||
8 | Nuclear Regulatory Commission who has completed the | ||||||
9 | background
screening and training mandated by the | ||||||
10 | regulations of the
United States Nuclear Regulatory | ||||||
11 | Commission.
| ||||||
12 | (3) A person, watchman, or proprietary security | ||||||
13 | officer
employed exclusively by only one employer in | ||||||
14 | connection with
the exclusive activities of that employer.
| ||||||
15 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
16 | (225 ILCS 447/35-30)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
18 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
19 | licensed agency or security officers employed by a qualified | ||||||
20 | employer , other than those exempted, shall apply for a
| ||||||
21 | permanent employee registration card. The holder of an agency
| ||||||
22 | license issued under this Act, known in this Section as
| ||||||
23 | "employer", or the holder of a proprietary security force | ||||||
24 | registration issued under this Act, known in this Section as | ||||||
25 | "qualified employer", may employ in the conduct of his or her | ||||||
26 | business
employees under the following provisions:
| ||||||
27 | (1) No person shall be issued a permanent employee
| ||||||
28 | registration card who:
| ||||||
29 | (A) Is younger than 18 years of age.
| ||||||
30 | (B) Is younger than 21 years of age if the
services | ||||||
31 | will include being armed.
| ||||||
32 | (C) Has been determined by the Department to
be | ||||||
33 | unfit by reason of conviction of an offense in this or
| ||||||
34 | another state, other than a traffic offense. The | ||||||
35 | Department
shall adopt rules for making those |
| |||||||
| |||||||
1 | determinations that shall
afford the applicant due | ||||||
2 | process of law.
| ||||||
3 | (D) Has had a license or permanent employee
| ||||||
4 | registration card denied, suspended, or revoked under | ||||||
5 | this Act (i) within one
year before the date the
| ||||||
6 | person's application for permanent employee | ||||||
7 | registration card
is received by the Department; and | ||||||
8 | (ii) that refusal, denial,
suspension, or revocation | ||||||
9 | was based on any provision of this
Act other than | ||||||
10 | Section 40-50,
item (6) or (8) of subsection (a) of | ||||||
11 | Section 15-10, subsection (b) of Section
15-10, item | ||||||
12 | (6) or (8) of subsection (a) of Section 20-10, | ||||||
13 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
14 | subsection (a) of Section 25-10, subsection
(b) of | ||||||
15 | Section 25-10, item (7) of subsection (a) of Section | ||||||
16 | 30-10,
subsection (b) of Section 30-10, or Section | ||||||
17 | 10-40.
| ||||||
18 | (E) Has been declared incompetent by any court
of | ||||||
19 | competent jurisdiction by reason of mental disease or
| ||||||
20 | defect and has not been restored.
| ||||||
21 | (F) Has been dishonorably discharged from the
| ||||||
22 | armed services of the United States.
| ||||||
23 | (2) No person may be employed by a private
detective | ||||||
24 | agency, private security contractor agency, private
alarm | ||||||
25 | contractor agency, or locksmith agency under this
Section | ||||||
26 | until he or she has executed and furnished to the
employer, | ||||||
27 | on forms furnished by the Department, a verified
statement | ||||||
28 | to be known as "Employee's Statement" setting forth:
| ||||||
29 | (A) The person's full name, age, and residence
| ||||||
30 | address.
| ||||||
31 | (B) The business or occupation engaged in for
the 5 | ||||||
32 | years immediately before the date of the execution of
| ||||||
33 | the statement, the place where the business or | ||||||
34 | occupation was
engaged in, and the names of employers, | ||||||
35 | if any.
| ||||||
36 | (C) That the person has not had a license or
|
| |||||||
| |||||||
1 | employee registration denied, revoked, or suspended | ||||||
2 | under this
Act (i) within one year before the date the | ||||||
3 | person's application
for permanent employee | ||||||
4 | registration card is received by the
Department; and | ||||||
5 | (ii) that refusal, denial, suspension, or
revocation | ||||||
6 | was based on any provision of this Act other than
| ||||||
7 | Section 40-50,
item (6) or (8) of subsection (a) of | ||||||
8 | Section 15-10, subsection (b) of Section
15-10, item | ||||||
9 | (6) or (8) of subsection (a) of Section 20-10, | ||||||
10 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
11 | subsection (a) of Section 25-10, subsection
(b) of | ||||||
12 | Section 25-10, item (7) of subsection (a) of Section | ||||||
13 | 30-10,
subsection (b) of Section 30-10, or Section | ||||||
14 | 10-40.
| ||||||
15 | (D) Any conviction of a felony or misdemeanor.
| ||||||
16 | (E) Any declaration of incompetence by a court
of | ||||||
17 | competent jurisdiction that has not been restored.
| ||||||
18 | (F) Any dishonorable discharge from the armed
| ||||||
19 | services of the United States.
| ||||||
20 | (G) Any other information as may be required by
any | ||||||
21 | rule of the Department to show the good character,
| ||||||
22 | competency, and integrity of the person executing the
| ||||||
23 | statement.
| ||||||
24 | (c) Each applicant for a permanent employee registration
| ||||||
25 | card shall have his or her fingerprints submitted to the
| ||||||
26 | Department of State Police in an electronic format that
| ||||||
27 | complies with the form and manner for requesting and
furnishing | ||||||
28 | criminal history record information as prescribed
by the | ||||||
29 | Department of State Police. These fingerprints shall
be checked | ||||||
30 | against the Department of State Police and Federal
Bureau of | ||||||
31 | Investigation criminal history record databases now
and | ||||||
32 | hereafter filed. The Department of State Police shall
charge | ||||||
33 | applicants a fee for conducting the criminal history
records | ||||||
34 | check, which shall be deposited in the State Police
Services | ||||||
35 | Fund and shall not exceed the actual cost of the
records check. | ||||||
36 | The Department of State Police shall furnish,
pursuant to |
| |||||||
| |||||||
1 | positive identification, records of Illinois
convictions to | ||||||
2 | the Department. The Department may require
applicants to pay a | ||||||
3 | separate fingerprinting fee, either to the
Department or | ||||||
4 | directly to the vendor. The Department, in
its discretion, may | ||||||
5 | allow an applicant who does not have
reasonable access to a | ||||||
6 | designated vendor to provide his or her
fingerprints in an | ||||||
7 | alternative manner. The
Department, in its discretion, may also | ||||||
8 | use other
procedures in performing or obtaining criminal | ||||||
9 | background
checks of applicants. Instead of submitting his or | ||||||
10 | her
fingerprints, an individual may submit proof that is
| ||||||
11 | satisfactory to the Department that an equivalent security
| ||||||
12 | clearance has been conducted. Also, an individual who has
| ||||||
13 | retired as a peace officer within 12 months of application may
| ||||||
14 | submit verification, on forms provided by the Department and
| ||||||
15 | signed by his or her employer, of his or her previous full-time | ||||||
16 | employment as a
peace officer.
| ||||||
17 | (d) The Department shall issue a permanent employee
| ||||||
18 | registration card, in a form the Department prescribes, to all
| ||||||
19 | qualified applicants.
The holder of a permanent employee | ||||||
20 | registration card shall
carry the card at all times while | ||||||
21 | actually engaged in the
performance of the duties of his or her | ||||||
22 | employment.
Expiration and requirements for renewal of | ||||||
23 | permanent employee
registration cards shall be established by | ||||||
24 | rule of the
Department. Possession of a permanent employee | ||||||
25 | registration
card does not in any way imply that the holder of | ||||||
26 | the card is
employed by an agency unless the permanent employee
| ||||||
27 | registration card is accompanied by the employee
| ||||||
28 | identification card required by subsection (f) of this
Section.
| ||||||
29 | (e) Each employer shall maintain a record of each
employee | ||||||
30 | that is accessible to the duly authorized
representatives of | ||||||
31 | the Department. The record shall contain
the following | ||||||
32 | information:
| ||||||
33 | (1) A photograph taken within 10 days of the date
that | ||||||
34 | the employee begins employment with the employer. The
| ||||||
35 | photograph shall be replaced with a current photograph | ||||||
36 | every 3
calendar years.
|
| |||||||
| |||||||
1 | (2) The Employee's Statement specified in
subsection | ||||||
2 | (b) of this Section.
| ||||||
3 | (3) All correspondence or documents relating to the
| ||||||
4 | character and integrity of the employee received by the
| ||||||
5 | employer from any official source or law enforcement | ||||||
6 | agency.
| ||||||
7 | (4) In the case of former employees, the employee
| ||||||
8 | identification card of that person issued under subsection | ||||||
9 | (f)
of this Section. Each employee record shall duly note | ||||||
10 | if the
employee is employed in an armed capacity. Armed | ||||||
11 | employee
files shall contain a copy of an active firearm | ||||||
12 | owner's
identification card and a copy of an active firearm
| ||||||
13 | authorization card. Each employer shall maintain a record | ||||||
14 | for
each armed employee of each instance in which the | ||||||
15 | employee's
weapon was discharged during the course of his | ||||||
16 | or her
professional duties or activities. The record shall | ||||||
17 | be
maintained on forms provided by the Department, a copy | ||||||
18 | of
which must be filed with the Department within 15 days | ||||||
19 | of an
instance. The record shall include the date and time | ||||||
20 | of the
occurrence, the circumstances involved in the | ||||||
21 | occurrence, and
any other information as the Department may | ||||||
22 | require. Failure
to provide this information to the | ||||||
23 | Department or failure to
maintain the record as a part of | ||||||
24 | each armed employee's
permanent file is grounds for | ||||||
25 | disciplinary action. The
Department, upon receipt of a | ||||||
26 | report, shall have the authority
to make any investigation | ||||||
27 | it considers appropriate into any
occurrence in which an | ||||||
28 | employee's weapon was discharged and to
take disciplinary | ||||||
29 | action as may be appropriate.
| ||||||
30 | (5) The Department may, by rule, prescribe further
| ||||||
31 | record requirements.
| ||||||
32 | (f) Every employer shall furnish an employee
| ||||||
33 | identification card to each of his or her employees. This
| ||||||
34 | employee identification card shall contain a recent photograph
| ||||||
35 | of the employee, the employee's name, the name and agency
| ||||||
36 | license number of the employer, the employee's personal
|
| |||||||
| |||||||
1 | description, the signature of the employer, the signature of
| ||||||
2 | that employee, the date of issuance, and an employee
| ||||||
3 | identification card number.
| ||||||
4 | (g) No employer may issue an employee identification
card | ||||||
5 | to any person who is not employed by the employer in
accordance | ||||||
6 | with this Section or falsely state or represent
that a person | ||||||
7 | is or has been in his or her employ. It is
unlawful for an | ||||||
8 | applicant for registered employment to file
with the Department | ||||||
9 | the fingerprints of a person other than
himself or herself.
| ||||||
10 | (h) Every employer shall obtain the identification card
of | ||||||
11 | every employee who terminates employment with him or her.
| ||||||
12 | (i) Every employer shall maintain a separate roster of
the | ||||||
13 | names of all employees currently working in an armed
capacity | ||||||
14 | and submit the roster to the Department on request.
| ||||||
15 | (j) No agency or qualified employer may employ any person | ||||||
16 | to perform a
licensed activity under this Act unless the person | ||||||
17 | possesses a
valid permanent employee registration card or a | ||||||
18 | valid license
under this Act, or is exempt pursuant to | ||||||
19 | subsection (n).
| ||||||
20 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
21 | agency or qualified employer may employ a person in a temporary | ||||||
22 | capacity if all of
the following conditions are met:
| ||||||
23 | (1) The agency or qualified employer completes in its | ||||||
24 | entirety and
submits to the Department an application for a | ||||||
25 | permanent
employee registration card, including the | ||||||
26 | required fingerprint
receipt and fees.
| ||||||
27 | (2) The agency or qualified employer has verification | ||||||
28 | from the Department
that the applicant has no record of any | ||||||
29 | criminal conviction
pursuant to the criminal history check | ||||||
30 | conducted by the
Department of State Police. The agency or | ||||||
31 | qualified employer shall maintain the
verification of the | ||||||
32 | results of the Department of State Police
criminal history | ||||||
33 | check as part of the employee record as
required under | ||||||
34 | subsection (e) of this Section.
| ||||||
35 | (3) The agency or qualified employer exercises due | ||||||
36 | diligence to ensure
that the person is qualified under the |
| |||||||
| |||||||
1 | requirements of the Act
to be issued a permanent employee | ||||||
2 | registration card.
| ||||||
3 | (4) The agency or qualified employer maintains a | ||||||
4 | separate roster of the
names of all employees whose | ||||||
5 | applications are currently
pending with the Department and | ||||||
6 | submits the roster to the
Department on a monthly basis. | ||||||
7 | Rosters are to be maintained
by the agency or qualified | ||||||
8 | employer for a period of at least 24 months.
| ||||||
9 | An agency or qualified employer may employ only a permanent | ||||||
10 | employee applicant
for which it either submitted a permanent | ||||||
11 | employee application
and all required forms and fees or it | ||||||
12 | confirms with the
Department that a permanent employee | ||||||
13 | application and all
required forms and fees have been submitted | ||||||
14 | by another agency or qualified employer ,
licensee or the | ||||||
15 | permanent employee and all other requirements
of this Section | ||||||
16 | are met.
| ||||||
17 | The Department shall have the authority to revoke,
without | ||||||
18 | a hearing, the temporary authority of an individual to
work | ||||||
19 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
20 | data or a report of another official authority
indicating a | ||||||
21 | criminal conviction. If the Department has not
received a | ||||||
22 | temporary employee's Federal Bureau of
Investigation | ||||||
23 | fingerprint data within 120 days of the date the
Department | ||||||
24 | received the Department of State Police fingerprint
data, the | ||||||
25 | Department may, at its discretion, revoke the
employee's | ||||||
26 | temporary authority to work with 15 days written
notice to the | ||||||
27 | individual and the employing agency.
| ||||||
28 | An agency or qualified employer may not employ a person in | ||||||
29 | a temporary capacity
if it knows or reasonably should have | ||||||
30 | known that the person
has been convicted of a crime under the | ||||||
31 | laws of this State,
has been convicted in another state of any | ||||||
32 | crime that is a
crime under the laws of this State, has been | ||||||
33 | convicted of any
crime in a federal court, or has been posted | ||||||
34 | as an unapproved
applicant by the Department. Notice by the | ||||||
35 | Department to the
agency, via certified mail, personal | ||||||
36 | delivery, electronic
mail, or posting on the Department's |
| |||||||
| |||||||
1 | Internet site accessible
to the agency that the person has been | ||||||
2 | convicted of a crime
shall be deemed constructive knowledge of | ||||||
3 | the conviction on
the part of the agency. The Department may | ||||||
4 | adopt rules to
implement this
subsection (k).
| ||||||
5 | (l) No person may be employed by a qualified employer under | ||||||
6 | this Section in any
capacity if:
| ||||||
7 | (1) the person, while so employed, is being paid by
the | ||||||
8 | United States or any political subdivision for the time so
| ||||||
9 | employed in addition to any payments he or she may receive
| ||||||
10 | from the employer; or
| ||||||
11 | (2) the person wears any portion of his or her
official | ||||||
12 | uniform, emblem of authority, or equipment while so
| ||||||
13 | employed.
| ||||||
14 | (m) If information is discovered affecting the
| ||||||
15 | registration of a person whose fingerprints were submitted
| ||||||
16 | under this Section, the Department shall so notify the agency
| ||||||
17 | or qualified employer that submitted the fingerprints on behalf | ||||||
18 | of that person.
| ||||||
19 | (n) Peace officers shall be exempt from the requirements
of | ||||||
20 | this Section relating to permanent employee registration
| ||||||
21 | cards. The agency or qualified employer shall remain | ||||||
22 | responsible for any peace
officer employed under this | ||||||
23 | exemption, regardless of whether
the peace officer is | ||||||
24 | compensated as an employee or as an
independent contractor and | ||||||
25 | as further defined by rule.
| ||||||
26 | (o) Agency employees
Persons who have no access to | ||||||
27 | confidential or
security information and who otherwise do not | ||||||
28 | provide
traditional security services are exempt from employee
| ||||||
29 | registration. Examples of exempt employees include, but are
not | ||||||
30 | limited to, employees working in the capacity of ushers,
| ||||||
31 | directors, ticket takers, cashiers, drivers, and reception
| ||||||
32 | personnel. Confidential or security information is that which
| ||||||
33 | pertains to employee files, scheduling, client contracts, or
| ||||||
34 | technical security and alarm data.
| ||||||
35 | (Source: P.A. 93-438, eff. 8-5-03.)
|
| |||||||
| |||||||
1 | (225 ILCS 447/35-45)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
3 | Sec. 35-45. Proprietary
Armed proprietary security force.
| ||||||
4 | (a) All qualified employers
financial institutions that | ||||||
5 | employ one or more
armed employees and all commercial or
| ||||||
6 | industrial operations that employ 5 or more persons as armed
| ||||||
7 | employees shall register their proprietary security forces
| ||||||
8 | with the Department on forms provided by the Department.
| ||||||
9 | (b) All armed security officers employed by a qualified | ||||||
10 | employer
employees of the registered
proprietary security | ||||||
11 | force must complete a 20-hour basic
training course and 20-hour | ||||||
12 | firearm training pursuant to subsection (a) of Section 25-20 | ||||||
13 | and Section 35-40 of this Act .
| ||||||
14 | (b-5) All security officers employed by a qualified | ||||||
15 | employer must complete a 20-hour basic training course pursuant | ||||||
16 | to subsection (a) of Section 25-20.
| ||||||
17 | (c) Every proprietary security force is required to
apply | ||||||
18 | to the Department, on forms supplied by the Department,
for a | ||||||
19 | firearm authorization card for each armed employee.
| ||||||
20 | (d) The Department may provide rules for the
administration | ||||||
21 | of this Section.
| ||||||
22 | (e) Proprietary security forces shall be exempt from all | ||||||
23 | record-keeping requirements of this Act, except that a | ||||||
24 | proprietary security force shall maintain a file accessible to | ||||||
25 | the Department that shall contain the following documents: | ||||||
26 | (1) an application for employment; and | ||||||
27 | (2) a copy of the Department's web page indicating that | ||||||
28 | the applicant has no record of any criminal conviction | ||||||
29 | pursuant to paragraph 2 of subsection (k) of Section 35-30. | ||||||
30 | (f) All security officers currently employed on the | ||||||
31 | effective date of this amendatory Act of the 94th General | ||||||
32 | Assembly by a person, firm, corporation, or subsidiary or | ||||||
33 | department of a firm or corporation to which the term | ||||||
34 | "qualified employer" applies, shall be exempt from all of the | ||||||
35 | requirements of this Act so long as they remain employed as a | ||||||
36 | security officer by their current employer.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-438, eff. 8-5-03.)
|