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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,
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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, 10-25, 10-30, 20-10, 35-10, 35-25, 35-30, 35-35, | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | 35-40, 35-45, 40-10, 45-50, and 45-55 as follows:
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8 | (225 ILCS 447/5-10)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Sec. 5-10. Definitions. As used in this Act:
| ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | "Advertisement" means any printed material that is | ||||||||||||||||||||||||||||||||||||||||||||||||||
12 | published in a phone book,
newspaper, magazine, pamphlet, | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | newsletter, or other similar type of publication
that is
| ||||||||||||||||||||||||||||||||||||||||||||||||||
14 | intended to either attract business or merely provide contact | ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | information to
the public for
an agency or licensee. | ||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Advertisement shall include any material disseminated by
| ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | printed or electronic means or media, but shall not include a | ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | licensee's or an
agency's
letterhead, business cards, or other | ||||||||||||||||||||||||||||||||||||||||||||||||||
19 | stationery used in routine business
correspondence or
| ||||||||||||||||||||||||||||||||||||||||||||||||||
20 | customary name, address, and number type listings in a | ||||||||||||||||||||||||||||||||||||||||||||||||||
21 | telephone directory.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
22 | "Alarm system" means any system, including an electronic | ||||||||||||||||||||||||||||||||||||||||||||||||||
23 | access control
system, a
surveillance video system, a security | ||||||||||||||||||||||||||||||||||||||||||||||||||
24 | video system, a burglar alarm system, a
fire alarm
system, or | ||||||||||||||||||||||||||||||||||||||||||||||||||
25 | any other electronic system, that activates an audible, | ||||||||||||||||||||||||||||||||||||||||||||||||||
26 | visible,
remote, or
recorded signal that is designed for the | ||||||||||||||||||||||||||||||||||||||||||||||||||
27 | protection or detection of intrusion,
entry, theft,
fire, | ||||||||||||||||||||||||||||||||||||||||||||||||||
28 | vandalism, escape, or trespass.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
29 | "Armed employee" means a licensee or registered person who | ||||||||||||||||||||||||||||||||||||||||||||||||||
30 | is employed by an
agency licensed or an armed proprietary | ||||||||||||||||||||||||||||||||||||||||||||||||||
31 | security force registered under this
Act who carries a weapon | ||||||||||||||||||||||||||||||||||||||||||||||||||
32 | while engaged in the
performance
of official duties within the |
| |||||||
| |||||||
1 | course and scope of his or her employment during
the hours
and | ||||||
2 | times the employee is scheduled to work or is commuting between | ||||||
3 | his or her
home or
place of employment, provided that commuting | ||||||
4 | is accomplished within one hour
from
departure from home or | ||||||
5 | place of employment.
| ||||||
6 | "Armed proprietary security force" means a security force | ||||||
7 | made up of 5 or
more
armed individuals employed by a private, | ||||||
8 | commercial, or industrial operation or
one or
more armed | ||||||
9 | individuals employed by a financial institution as security | ||||||
10 | officers
for the
protection of persons or property.
| ||||||
11 | "Board" means the Private Detective, Private Alarm, | ||||||
12 | Private Security, and
Locksmith Board.
| ||||||
13 | "Branch office" means a business location removed from the | ||||||
14 | place of business
for which an agency license has been issued, | ||||||
15 | including but not limited to
locations where active employee | ||||||
16 | records that are required to be maintained
under this Act are | ||||||
17 | kept, where prospective new
employees
are processed, or where | ||||||
18 | members of the public are invited in to transact
business , or | ||||||
19 | any address advertised to the public that is not the address | ||||||
20 | for the license issued by the Department . A
branch office does | ||||||
21 | not include an office or other facility located on the
property | ||||||
22 | of an
existing client that is utilized solely for the benefit | ||||||
23 | of that client and is
not owned or
leased by the agency.
| ||||||
24 | "Corporation" means an artificial person or legal entity | ||||||
25 | created by or under
the
authority of the laws of a state, | ||||||
26 | including without limitation a corporation,
limited liability | ||||||
27 | company, or any other legal entity.
| ||||||
28 | "Department" means the Department of Professional | ||||||
29 | Regulation.
| ||||||
30 | "Director" means the Director of Professional Regulation.
| ||||||
31 | "Employee" means a person who works for a person or agency | ||||||
32 | that has the
right to
control the details of the work performed | ||||||
33 | and is not dependent upon whether or
not
federal or state | ||||||
34 | payroll taxes are withheld.
| ||||||
35 | "Fire alarm system" means any system that is activated by | ||||||
36 | an automatic or
manual device in the detection of smoke, heat, |
| |||||||
| |||||||
1 | or fire that activates an
audible, visible, or
remote signal | ||||||
2 | requiring a response.
| ||||||
3 | "Firearm control
authorization card" means a card issued by | ||||||
4 | the Department that
authorizes
the holder , who has complied | ||||||
5 | with the training and other requirements of this Act, to carry | ||||||
6 | a weapon during the performance of his or her duties as
| ||||||
7 | specified in
this Act.
| ||||||
8 | "Firm" means an unincorporated business entity, including | ||||||
9 | but not limited to
proprietorships and partnerships.
| ||||||
10 | "Locksmith" means
a person who engages in a business or | ||||||
11 | holds himself out to the public as
providing a service that | ||||||
12 | includes, but is not limited to, the servicing,
installing, | ||||||
13 | originating first keys, re-coding, repairing, maintaining,
| ||||||
14 | manipulating, or bypassing of a mechanical or electronic | ||||||
15 | locking device, access
control or video surveillance system at | ||||||
16 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
17 | automatic teller machines.
| ||||||
18 | "Locksmith agency" means a person, firm, corporation, or | ||||||
19 | other legal entity
that engages
in the
locksmith business and | ||||||
20 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
21 | least
one other person in conducting such business.
| ||||||
22 | "Locksmith licensee-in-charge" means a person who has been | ||||||
23 | designated by
agency to be the licensee-in-charge of an agency,
| ||||||
24 | who is a
full-time management employee or owner who assumes | ||||||
25 | sole responsibility
for
maintaining all records required by | ||||||
26 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
27 | licensed agency's compliance with its responsibilities as | ||||||
28 | stated
in this Act. The Department shall adopt rules mandating | ||||||
29 | licensee-in-charge
participation in agency affairs.
| ||||||
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 | "Public member" means a person who is not a licensee or | ||||||
7 | related to a
licensee, or who is not an employer or employee of | ||||||
8 | a licensee. The term
"related to" shall be determined by the | ||||||
9 | rules of the Department.
| ||||||
10 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
11 | (225 ILCS 447/10-25)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 10-25. Issuance of license; renewal; fees.
| ||||||
14 | (a) The Department shall, upon the applicant's | ||||||
15 | satisfactory completion of
the requirements set forth in this | ||||||
16 | Act and upon receipt of the fee, issue the
license indicating | ||||||
17 | the name and business location of the licensee and the date
of | ||||||
18 | expiration.
| ||||||
19 | (b) An applicant may, upon satisfactory completion of the | ||||||
20 | requirements set
forth in this Act and upon receipt of fees | ||||||
21 | related to the application and
testing for licensure, elect to | ||||||
22 | defer the issuance of the applicant's initial
license for a | ||||||
23 | period not longer than 6 years. An applicant who fails to | ||||||
24 | request
issuance of his or her initial license or agency | ||||||
25 | license and to remit the fees
required for that license within | ||||||
26 | 6 years shall be required to resubmit an
application together | ||||||
27 | with all required fees.
| ||||||
28 | (c) The expiration date, renewal period, and conditions for | ||||||
29 | renewal and
restoration of each license, permanent employee | ||||||
30 | registration card, and firearm
control
authorization card | ||||||
31 | shall be set by rule. The holder may renew the license,
| ||||||
32 | permanent employee registration card, or firearm control
| ||||||
33 | authorization card during the
30 days preceding its expiration | ||||||
34 | by paying the required fee and by meeting
conditions that the | ||||||
35 | Department may specify. Any license holder who notifies the
|
| |||||||
| |||||||
1 | Department on forms prescribed by
the Department may place his | ||||||
2 | or her license on inactive status for a period of
not longer | ||||||
3 | than 6 years and shall, subject to the rules of the Department, | ||||||
4 | be
excused from payment of renewal fees until the license | ||||||
5 | holder notifies the
Department, in writing, of an intention to | ||||||
6 | resume active status. Practice while
on inactive status | ||||||
7 | constitutes unlicensed practice. A non-renewed license
that | ||||||
8 | has lapsed for less than 6 years may be restored upon payment | ||||||
9 | of the
restoration fee and all lapsed renewal fees. A license | ||||||
10 | that has lapsed for more
than 6 years may be restored by paying | ||||||
11 | the required restoration fee and all
lapsed renewal fees and by | ||||||
12 | providing evidence of competence to resume practice
| ||||||
13 | satisfactory to the Department and the Board, which may include | ||||||
14 | passing a
written examination. All restoration fees and lapsed | ||||||
15 | renewal fees shall be
waived for an applicant whose license | ||||||
16 | lapsed while on active duty in the armed
forces of the United | ||||||
17 | States if application for restoration is made within 12
months | ||||||
18 | after discharge from the service.
| ||||||
19 | (d) Any permanent employee registration card expired for | ||||||
20 | less than one year
may be restored upon payment of lapsed | ||||||
21 | renewal fees. Any permanent employee
registration card expired | ||||||
22 | for one year or more may be restored by making
application to | ||||||
23 | the Department and filing proof acceptable to the Department of
| ||||||
24 | the licensee's fitness to have the permanent employee | ||||||
25 | registration card
restored, including verification of
| ||||||
26 | fingerprint processing through the Department of State Police | ||||||
27 | and Federal
Bureau of Investigation and paying the restoration | ||||||
28 | fee.
| ||||||
29 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
30 | (225 ILCS 447/10-30)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
32 | Sec. 10-30. Unlawful acts. It is unlawful for a licensee
or | ||||||
33 | an employee of a licensed agency:
| ||||||
34 | (1) Upon termination of employment by the agency, to
| ||||||
35 | fail to return upon demand or within 72 hours of |
| |||||||
| |||||||
1 | termination
of employment any firearm issued by the | ||||||
2 | employer together with
the employee's firearm control
| ||||||
3 | authorization card.
| ||||||
4 | (2) Upon termination of employment by the agency, to
| ||||||
5 | fail to return within 72 hours of termination of employment
| ||||||
6 | any uniform, badge, identification card, or equipment | ||||||
7 | issued,
but not sold, to the employee by the agency.
| ||||||
8 | (3) To falsify the employee's statement required by
| ||||||
9 | this Act.
| ||||||
10 | (4) To have a badge, shoulder patch, or any other
| ||||||
11 | identification that contains the words "law enforcement".
| ||||||
12 | In addition, no license holder or employee of a licensed | ||||||
13 | agency
shall in any manner imply that the person is an | ||||||
14 | employee or
agent of a governmental agency or display a | ||||||
15 | badge or
identification card, emblem, or uniform citing the | ||||||
16 | words
"police", "sheriff", "highway patrol trooper", or | ||||||
17 | "law enforcement".
| ||||||
18 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
19 | (225 ILCS 447/20-10)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
21 | Sec. 20-10. Qualifications for licensure as a private
alarm | ||||||
22 | contractor.
| ||||||
23 | (a) A person is qualified for licensure as a private
alarm | ||||||
24 | contractor if he or she meets all of the following
| ||||||
25 | requirements:
| ||||||
26 | (1) Is at least 21 years of age.
| ||||||
27 | (2) Has not been convicted of any felony in any
| ||||||
28 | jurisdiction or at least 10 years have elapsed since the | ||||||
29 | time
of full discharge from a sentence imposed for a felony
| ||||||
30 | conviction.
| ||||||
31 | (3) Is of good moral character. Good moral
character is | ||||||
32 | a continuing requirement of licensure.
Conviction of | ||||||
33 | crimes other than felonies may be used in
determining moral | ||||||
34 | character, but shall not constitute an
absolute bar to | ||||||
35 | licensure.
|
| |||||||
| |||||||
1 | (4) Has not been declared by any court of competent
| ||||||
2 | jurisdiction to be incompetent by reason of mental or | ||||||
3 | physical
defect or disease, unless a court has subsequently | ||||||
4 | declared
him or her to be competent.
| ||||||
5 | (5) Is not suffering from dependence on alcohol or
from | ||||||
6 | narcotic addiction or dependence.
| ||||||
7 | (6) Has a minimum of 3 years experience of the 5
years | ||||||
8 | immediately preceding application working as a full-time
| ||||||
9 | manager for a licensed private alarm contractor agency or | ||||||
10 | for
an entity that designs, sells, installs, services, or | ||||||
11 | monitors
alarm systems that, in the judgment of the Board, | ||||||
12 | satisfies
the standards of alarm industry competence. An | ||||||
13 | applicant who
has received a 4-year degree or higher in | ||||||
14 | electrical
engineering or a related field from a program | ||||||
15 | approved by the
Board shall be given credit for 2 years of | ||||||
16 | the required
experience. An applicant who has successfully | ||||||
17 | completed a
national certification program approved by the | ||||||
18 | Board shall be
given credit for one year of the required | ||||||
19 | experience.
| ||||||
20 | (7) Has not been dishonorably discharged from the
armed | ||||||
21 | forces of the United States.
| ||||||
22 | (8) Has passed an examination authorized by the
| ||||||
23 | Department.
| ||||||
24 | (9) Submits his or her fingerprints, proof of
having | ||||||
25 | general liability insurance required under subsection
(c), | ||||||
26 | and the required license fee.
| ||||||
27 | (10) Has not violated Section 10-5 of this Act.
| ||||||
28 | (b) (Blank).
A person is qualified to receive a license as | ||||||
29 | a private alarm contractor
without meeting the requirement of | ||||||
30 | item (8) of subsection (a) if he or she:
| ||||||
31 | (1) applies for a license between September 2, 2003 and | ||||||
32 | September 5, 2003
in writing on forms supplied by the
| ||||||
33 | Department;
| ||||||
34 | (2) provides proof of ownership of a licensed alarm | ||||||
35 | contractor agency;
and
| ||||||
36 | (3) provides proof of at least 7 years of experience in |
| |||||||
| |||||||
1 | the installation,
design, sales, repair, maintenance, | ||||||
2 | alteration, or service of alarm systems or
any other low | ||||||
3 | voltage electronic systems.
| ||||||
4 | (c) It is the responsibility of the applicant to obtain
| ||||||
5 | general liability insurance in an amount and coverage
| ||||||
6 | appropriate for the applicant's circumstances as determined by
| ||||||
7 | rule. The applicant shall provide evidence of insurance to
the | ||||||
8 | Department before being issued a license. Failure to
maintain | ||||||
9 | general liability insurance and to provide the
Department with | ||||||
10 | written proof of the insurance shall result in
cancellation of | ||||||
11 | the license.
| ||||||
12 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
13 | (225 ILCS 447/35-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 35-10. Inspection of facilities. Each licensee shall
| ||||||
16 | permit his or her office facilities and registered employee
| ||||||
17 | files to be audited or inspected at reasonable times and in a
| ||||||
18 | reasonable manner upon at least 24 hours notice by the | ||||||
19 | Department.
| ||||||
20 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
21 | (225 ILCS 447/35-25)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
23 | Sec. 35-25. Duplicate licenses. If a license, permanent
| ||||||
24 | employee registration card, or firearm control
authorization
| ||||||
25 | card is
lost, a duplicate shall be issued upon proof of such | ||||||
26 | loss
together with the payment of the required fee. If a | ||||||
27 | licensee
decides to change his or her name, the Department | ||||||
28 | shall issue
a license in the new name upon proof that the | ||||||
29 | change was done
pursuant to law and payment of the required | ||||||
30 | fee. Notification
of a name change shall be made to the | ||||||
31 | Department within 30
days after the change.
| ||||||
32 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
33 | (225 ILCS 447/35-30)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
2 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
3 | licensed agency, other than those exempted, shall apply for a
| ||||||
4 | permanent employee registration card. The holder of an agency
| ||||||
5 | license issued under this Act, known in this Section as
| ||||||
6 | "employer", may employ in the conduct of his or her business
| ||||||
7 | employees under the following provisions:
| ||||||
8 | (a)
(1) No person shall be issued a permanent employee
| ||||||
9 | registration card who:
| ||||||
10 | (1)
(A) Is younger than 18 years of age.
| ||||||
11 | (2)
(B) Is younger than 21 years of age if the
services | ||||||
12 | will include being armed.
| ||||||
13 | (3)
(C) Has been determined by the Department to
be | ||||||
14 | unfit by reason of conviction of an offense in this or
| ||||||
15 | another state, other than a traffic offense. The Department
| ||||||
16 | shall adopt rules for making those determinations that | ||||||
17 | shall
afford the applicant due process of law.
| ||||||
18 | (4)
(D) Has had a license or permanent employee
| ||||||
19 | registration card denied, suspended, or revoked under this | ||||||
20 | Act (i) within one
year before the date the
person's | ||||||
21 | application for permanent employee registration card
is | ||||||
22 | received by the Department; and (ii) that refusal, denial,
| ||||||
23 | suspension, or revocation was based on any provision of | ||||||
24 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
25 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
26 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
27 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
28 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
29 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
30 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
31 | (5)
(E) Has been declared incompetent by any court
of | ||||||
32 | competent jurisdiction by reason of mental disease or
| ||||||
33 | defect and has not been restored.
| ||||||
34 | (6)
(F) Has been dishonorably discharged from the
armed | ||||||
35 | services of the United States.
| ||||||
36 | (b)
(2) No person may be employed by a private
detective |
| |||||||
| |||||||
1 | agency, private security contractor agency, private
alarm | ||||||
2 | contractor agency, or locksmith agency under this
Section until | ||||||
3 | he or she has executed and furnished to the
employer, on forms | ||||||
4 | furnished by the Department, a verified
statement to be known | ||||||
5 | as "Employee's Statement" setting forth:
| ||||||
6 | (1)
(A) The person's full name, age, and residence
| ||||||
7 | address.
| ||||||
8 | (2)
(B) The business or occupation engaged in for
the 5 | ||||||
9 | years immediately before the date of the execution of
the | ||||||
10 | statement, the place where the business or occupation was
| ||||||
11 | engaged in, and the names of employers, if any.
| ||||||
12 | (3)
(C) That the person has not had a license or
| ||||||
13 | employee registration denied, revoked, or suspended under | ||||||
14 | this
Act (i) within one year before the date the person's | ||||||
15 | application
for permanent employee registration card is | ||||||
16 | received by the
Department; and (ii) that refusal, denial, | ||||||
17 | suspension, or
revocation was based on any provision of | ||||||
18 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
19 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
20 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
21 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
22 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
23 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
24 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
25 | (4)
(D) Any conviction of a felony or misdemeanor.
| ||||||
26 | (5)
(E) Any declaration of incompetence by a court
of | ||||||
27 | competent jurisdiction that has not been restored.
| ||||||
28 | (6)
(F) Any dishonorable discharge from the armed
| ||||||
29 | services of the United States.
| ||||||
30 | (7)
(G) Any other information as may be required by
any | ||||||
31 | rule of the Department to show the good character,
| ||||||
32 | competency, and integrity of the person executing the
| ||||||
33 | statement.
| ||||||
34 | (c) Each applicant for a permanent employee registration
| ||||||
35 | card shall have his or her fingerprints submitted to the
| ||||||
36 | Department of State Police in an electronic format that
|
| |||||||
| |||||||
1 | complies with the form and manner for requesting and
furnishing | ||||||
2 | criminal history record information as prescribed
by the | ||||||
3 | Department of State Police. These fingerprints shall
be checked | ||||||
4 | against the Department of State Police and Federal
Bureau of | ||||||
5 | Investigation criminal history record databases now
and | ||||||
6 | hereafter filed. The Department of State Police shall
charge | ||||||
7 | applicants a fee for conducting the criminal history
records | ||||||
8 | check, which shall be deposited in the State Police
Services | ||||||
9 | Fund and shall not exceed the actual cost of the
records check. | ||||||
10 | The Department of State Police shall furnish,
pursuant to | ||||||
11 | positive identification, records of Illinois
convictions to | ||||||
12 | the Department. The Department may require
applicants to pay a | ||||||
13 | separate fingerprinting fee, either to the
Department or | ||||||
14 | directly to the vendor. The Department, in
its discretion, may | ||||||
15 | allow an applicant who does not have
reasonable access to a | ||||||
16 | designated vendor to provide his or her
fingerprints in an | ||||||
17 | alternative manner. The
Department, in its discretion, may also | ||||||
18 | use other
procedures in performing or obtaining criminal | ||||||
19 | background
checks of applicants. Instead of submitting his or | ||||||
20 | her
fingerprints, an individual may submit proof that is
| ||||||
21 | satisfactory to the Department that an equivalent security
| ||||||
22 | clearance has been conducted. Also, an individual who has
| ||||||
23 | retired as a peace officer within 12 months of application may
| ||||||
24 | submit verification, on forms provided by the Department and
| ||||||
25 | signed by his or her employer, of his or her previous full-time | ||||||
26 | employment as a
peace officer.
| ||||||
27 | (d) The Department shall issue a permanent employee
| ||||||
28 | registration card, in a form the Department prescribes, to all
| ||||||
29 | qualified applicants.
The holder of a permanent employee | ||||||
30 | registration card shall
carry the card at all times while | ||||||
31 | actually engaged in the
performance of the duties of his or her | ||||||
32 | employment.
Expiration and requirements for renewal of | ||||||
33 | permanent employee
registration cards shall be established by | ||||||
34 | rule of the
Department. Possession of a permanent employee | ||||||
35 | registration
card does not in any way imply that the holder of | ||||||
36 | the card is
employed by an agency unless the permanent employee
|
| |||||||
| |||||||
1 | registration card is accompanied by the employee
| ||||||
2 | identification card required by subsection (f) of this
Section.
| ||||||
3 | (e) Each employer shall maintain a record of each
employee | ||||||
4 | that is accessible to the duly authorized
representatives of | ||||||
5 | the Department. The record shall contain
the following | ||||||
6 | information:
| ||||||
7 | (1) A photograph taken within 10 days of the date
that | ||||||
8 | the employee begins employment with the employer. The
| ||||||
9 | photograph shall be replaced with a current photograph | ||||||
10 | every 3
calendar years.
| ||||||
11 | (2) The Employee's Statement specified in
subsection | ||||||
12 | (b) of this Section.
| ||||||
13 | (3) All correspondence or documents relating to the
| ||||||
14 | character and integrity of the employee received by the
| ||||||
15 | employer from any official source or law enforcement | ||||||
16 | agency.
| ||||||
17 | (4) In the case of former employees, the employee
| ||||||
18 | identification card of that person issued under subsection | ||||||
19 | (f)
of this Section. Each employee record shall duly note | ||||||
20 | if the
employee is employed in an armed capacity. Armed | ||||||
21 | employee
files shall contain a copy of an active firearm | ||||||
22 | owner's
identification card and a copy of an active firearm
| ||||||
23 | control
authorization card. Each employer shall maintain a | ||||||
24 | record for
each armed employee of each instance in which | ||||||
25 | the employee's
weapon was discharged during the course of | ||||||
26 | his or her
professional duties or activities. The record | ||||||
27 | shall be
maintained on forms provided by the Department, a | ||||||
28 | copy of
which must be filed with the Department within 15 | ||||||
29 | days of an
instance. The record shall include the date and | ||||||
30 | time of the
occurrence, the circumstances involved in the | ||||||
31 | occurrence, and
any other information as the Department may | ||||||
32 | require. Failure
to provide this information to the | ||||||
33 | Department or failure to
maintain the record as a part of | ||||||
34 | each armed employee's
permanent file is grounds for | ||||||
35 | disciplinary action. The
Department, upon receipt of a | ||||||
36 | report, shall have the authority
to make any investigation |
| |||||||
| |||||||
1 | it considers appropriate into any
occurrence in which an | ||||||
2 | employee's weapon was discharged and to
take disciplinary | ||||||
3 | action as may be appropriate.
| ||||||
4 | (5) The Department may, by rule, prescribe further
| ||||||
5 | record requirements.
| ||||||
6 | (f) Every employer shall furnish an employee
| ||||||
7 | identification card to each of his or her employees. This
| ||||||
8 | employee identification card shall contain a recent photograph
| ||||||
9 | of the employee, the employee's name, the name and agency
| ||||||
10 | license number of the employer, the employee's personal
| ||||||
11 | description, the signature of the employer, the signature of
| ||||||
12 | that employee, the date of issuance, and an employee
| ||||||
13 | identification card number.
| ||||||
14 | (g) No employer may issue an employee identification
card | ||||||
15 | to any person who is not employed by the employer in
accordance | ||||||
16 | with this Section or falsely state or represent
that a person | ||||||
17 | is or has been in his or her employ. It is
unlawful for an | ||||||
18 | applicant for registered employment to file
with the Department | ||||||
19 | the fingerprints of a person other than
himself or herself.
| ||||||
20 | (h) Every employer shall obtain the identification card
of | ||||||
21 | every employee who terminates employment with him or her.
| ||||||
22 | (i) Every employer shall maintain a separate roster of
the | ||||||
23 | names of all employees currently working in an armed
capacity | ||||||
24 | and submit the roster to the Department on request.
| ||||||
25 | (j) No agency may employ any person to perform a
licensed | ||||||
26 | activity under this Act unless the person possesses a
valid | ||||||
27 | permanent employee registration card or a valid license
under | ||||||
28 | this Act, or is exempt pursuant to subsection (n).
| ||||||
29 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
30 | agency may employ a person in a temporary capacity if all of
| ||||||
31 | the following conditions are met:
| ||||||
32 | (1) The agency completes in its entirety and
submits to | ||||||
33 | the Department an application for a permanent
employee | ||||||
34 | registration card, including the required fingerprint
| ||||||
35 | receipt and fees.
| ||||||
36 | (2) The agency has verification from the Department
|
| |||||||
| |||||||
1 | that the applicant has no record of any criminal conviction
| ||||||
2 | pursuant to the criminal history check conducted by the
| ||||||
3 | Department of State Police. The agency shall maintain the
| ||||||
4 | verification of the results of the Department of State | ||||||
5 | Police
criminal history check as part of the employee | ||||||
6 | record as
required under subsection (e) of this Section.
| ||||||
7 | (3) The agency exercises due diligence to ensure
that | ||||||
8 | the person is qualified under the requirements of the Act
| ||||||
9 | to be issued a permanent employee registration card.
| ||||||
10 | (4) The agency maintains a separate roster of the
names | ||||||
11 | of all employees whose applications are currently
pending | ||||||
12 | with the Department and submits the roster to the
| ||||||
13 | Department on a monthly basis. Rosters are to be maintained
| ||||||
14 | by the agency for a period of at least 24 months.
| ||||||
15 | An agency may employ only a permanent employee applicant
| ||||||
16 | for which it either submitted a permanent employee application
| ||||||
17 | and all required forms and fees or it confirms with the
| ||||||
18 | Department that a permanent employee application and all
| ||||||
19 | required forms and fees have been submitted by another agency,
| ||||||
20 | licensee or the permanent employee and all other requirements
| ||||||
21 | of this Section are met.
| ||||||
22 | The Department shall have the authority to revoke,
without | ||||||
23 | a hearing, the temporary authority of an individual to
work | ||||||
24 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
25 | data or a report of another official authority
indicating a | ||||||
26 | criminal conviction. If the Department has not
received a | ||||||
27 | temporary employee's Federal Bureau of
Investigation | ||||||
28 | fingerprint data within 120 days of the date the
Department | ||||||
29 | received the Department of State Police fingerprint
data, the | ||||||
30 | Department may, at its discretion, revoke the
employee's | ||||||
31 | temporary authority to work with 15 days written
notice to the | ||||||
32 | individual and the employing agency.
| ||||||
33 | An agency may not employ a person in a temporary capacity
| ||||||
34 | if it knows or reasonably should have known that the person
has | ||||||
35 | been convicted of a crime under the laws of this State,
has | ||||||
36 | been convicted in another state of any crime that is a
crime |
| |||||||
| |||||||
1 | under the laws of this State, has been convicted of any
crime | ||||||
2 | in a federal court, or has been posted as an unapproved
| ||||||
3 | applicant by the Department. Notice by the Department to the
| ||||||
4 | agency, via certified mail, personal delivery, electronic
| ||||||
5 | mail, or posting on the Department's Internet site accessible
| ||||||
6 | to the agency that the person has been convicted of a crime
| ||||||
7 | shall be deemed constructive knowledge of the conviction on
the | ||||||
8 | part of the agency. The Department may adopt rules to
implement | ||||||
9 | this
subsection (k).
| ||||||
10 | (l) No person may be employed under this Section in any
| ||||||
11 | capacity if:
| ||||||
12 | (1) the person, while so employed, is being paid by
the | ||||||
13 | United States or any political subdivision for the time so
| ||||||
14 | employed in addition to any payments he or she may receive
| ||||||
15 | from the employer; or
| ||||||
16 | (2) the person wears any portion of his or her
official | ||||||
17 | uniform, emblem of authority, or equipment while so
| ||||||
18 | employed.
| ||||||
19 | (m) If information is discovered affecting the
| ||||||
20 | registration of a person whose fingerprints were submitted
| ||||||
21 | under this Section, the Department shall so notify the agency
| ||||||
22 | that submitted the fingerprints on behalf of that person.
| ||||||
23 | (n) Peace officers shall be exempt from the requirements
of | ||||||
24 | this Section relating to permanent employee registration
| ||||||
25 | cards. The agency shall remain responsible for any peace
| ||||||
26 | officer employed under this exemption, regardless of whether
| ||||||
27 | the peace officer is compensated as an employee or as an
| ||||||
28 | independent contractor and as further defined by rule.
| ||||||
29 | (o) Persons who have no access to confidential or
security | ||||||
30 | information and who otherwise do not provide
traditional | ||||||
31 | security services are exempt from employee
registration. | ||||||
32 | Examples of exempt employees include, but are
not limited to, | ||||||
33 | employees working in the capacity of ushers,
directors, ticket | ||||||
34 | takers, cashiers, drivers, and reception
personnel. | ||||||
35 | Confidential or security information is that which
pertains to | ||||||
36 | employee files, scheduling, client contracts, or
technical |
| |||||||
| |||||||
1 | security and alarm data.
| ||||||
2 | (Source: P.A. 93-438, eff. 8-5-03; revised 10-18-05.)
| ||||||
3 | (225 ILCS 447/35-35)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
5 | Sec. 35-35. Requirement of a firearm control
authorization
| ||||||
6 | card.
| ||||||
7 | (a) No person shall perform duties that include the use,
| ||||||
8 | carrying, or possession of a firearm in the performance of
| ||||||
9 | those duties without complying with the provisions of this
| ||||||
10 | Section and having been issued a valid firearm control
| ||||||
11 | authorization
card by the Department.
| ||||||
12 | (b) No employer shall employ any person to perform the
| ||||||
13 | duties for which employee registration is required and allow
| ||||||
14 | that person to carry a firearm unless that person has complied
| ||||||
15 | with all the firearm training requirements of this Section and
| ||||||
16 | has been issued a firearm control
authorization card. This Act
| ||||||
17 | permits only the following to carry firearms while actually
| ||||||
18 | engaged in the performance of their duties or while commuting
| ||||||
19 | directly to or from their places of employment: persons
| ||||||
20 | licensed as private detectives and their registered employees;
| ||||||
21 | persons licensed as private security contractors and their
| ||||||
22 | registered employees; persons licensed as private alarm
| ||||||
23 | contractors and their registered employees; and employees of a
| ||||||
24 | registered armed proprietary security force.
| ||||||
25 | (c) Possession of a valid firearm control
authorization
| ||||||
26 | card
allows an employee to carry a firearm not otherwise | ||||||
27 | prohibited
by law while the employee is engaged in the | ||||||
28 | performance of his
or her duties or while the employee is | ||||||
29 | commuting directly to
or from the employee's place or places of | ||||||
30 | employment, provided
that this is accomplished within one hour | ||||||
31 | from departure from
home or place of employment.
| ||||||
32 | (d) The Department shall issue a firearm control
| ||||||
33 | authorization
card to a person who has passed an approved | ||||||
34 | firearm training
course, who is currently employed by an agency | ||||||
35 | licensed by
this Act and has met all the requirements of this |
| |||||||
| |||||||
1 | Act, and who
possesses a valid firearm owner identification | ||||||
2 | card.
Application for the firearm control
authorization card | ||||||
3 | shall be made
by the employer to the Department on forms | ||||||
4 | provided by the
Department. The Department shall forward the | ||||||
5 | card to the
employer who shall be responsible for its issuance | ||||||
6 | to the
employee. The firearm control
authorization card shall | ||||||
7 | be issued by
the Department and shall identify the person | ||||||
8 | holding it and
the name of the course where the employee | ||||||
9 | received firearm
instruction and shall specify the type of | ||||||
10 | weapon or weapons
the person is authorized by the Department to | ||||||
11 | carry and for
which the person has been trained.
| ||||||
12 | (e) Expiration and requirements for renewal of firearm | ||||||
13 | control
authorization cards shall be determined by rule.
| ||||||
14 | (f) The Department may, in addition to any other
| ||||||
15 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
16 | suspend, or revoke a firearm control
authorization card if the
| ||||||
17 | applicant or holder has been convicted of any felony or crime
| ||||||
18 | involving the illegal use, carrying, or possession of a deadly
| ||||||
19 | weapon or for a violation of this Act or rules promulgated
| ||||||
20 | under this Act. The Department shall refuse to issue or shall
| ||||||
21 | revoke a firearm control
authorization card if the applicant or | ||||||
22 | holder
fails to possess a valid firearm owners identification | ||||||
23 | card.
The Director shall summarily suspend a firearm control
| ||||||
24 | authorization
card if the Director finds that its continued use | ||||||
25 | would
constitute an imminent danger to the public. A hearing | ||||||
26 | shall
be held before the Board within 30 days if the Director
| ||||||
27 | summarily suspends a firearm control
authorization card.
| ||||||
28 | (g) Notwithstanding any other provision of this Act to the
| ||||||
29 | contrary, all requirements relating to firearms control
| ||||||
30 | authorization
cards do not apply to a peace officer.
| ||||||
31 | (h) The Department may issue a temporary firearm control | ||||||
32 | card pending issuance of a new firearm control card upon an | ||||||
33 | agency's acquiring of an established armed account. An agency | ||||||
34 | that has acquired armed employees as a result of acquiring an | ||||||
35 | established armed account may, on forms supplied by the | ||||||
36 | Department, request the issuance of a temporary firearm control |
| |||||||
| |||||||
1 | card for each acquired employee who held a valid firearm | ||||||
2 | control card under his or her employment with the | ||||||
3 | newly-acquired established armed account immediately preceding | ||||||
4 | the acquiring of the account and who continues to meet all of | ||||||
5 | the qualifications for issuance of a firearm control card set | ||||||
6 | forth in this Act and any rules adopted under this Act. The | ||||||
7 | Department shall, by rule, set the fee for issuance of a | ||||||
8 | temporary firearm control card.
| ||||||
9 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
10 | (225 ILCS 447/35-40)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
12 | Sec. 35-40. Firearm control
authorization ; training | ||||||
13 | requirements.
| ||||||
14 | (a) The Department shall, pursuant to rule, approve or
| ||||||
15 | disapprove training programs for the firearm training course,
| ||||||
16 | which shall be taught by a qualified instructor.
Qualifications | ||||||
17 | for instructors shall be set by rule. The
firearm training | ||||||
18 | course shall be conducted by entities, by a
licensee, or by an | ||||||
19 | agency licensed by this Act, provided the
course is approved by | ||||||
20 | the Department. The firearm course
shall consist of the | ||||||
21 | following minimum requirements:
| ||||||
22 | (1) 40 hours of training, 20 hours of which shall
be as | ||||||
23 | described in Sections 15-20, 20-20, or 25-20, as
| ||||||
24 | applicable, and 20 hours of which shall include all of the
| ||||||
25 | following:
| ||||||
26 | (A) Instruction in the dangers of and misuse
of | ||||||
27 | firearms, their storage, safety rules, and care and
| ||||||
28 | cleaning of firearms.
| ||||||
29 | (B) Practice firing on a range with live
| ||||||
30 | ammunition.
| ||||||
31 | (C) Instruction in the legal use of firearms.
| ||||||
32 | (D) A presentation of the ethical and moral
| ||||||
33 | considerations necessary for any person who possesses | ||||||
34 | a
firearm.
| ||||||
35 | (E) A review of the laws regarding arrest,
search, |
| |||||||
| |||||||
1 | and seizure.
| ||||||
2 | (F) Liability for acts that may be performed
in the | ||||||
3 | course of employment.
| ||||||
4 | (2) An examination shall be given at the completion
of | ||||||
5 | the course. The examination shall consist of a firearms
| ||||||
6 | qualification course and a written examination. Successful
| ||||||
7 | completion shall be determined by the Department.
| ||||||
8 | (b) The firearm training requirement may be waived for
an | ||||||
9 | employee who has completed training provided by the
Illinois | ||||||
10 | Law Enforcement Training Standards Board or the
equivalent | ||||||
11 | public body of another state, provided
documentation showing | ||||||
12 | requalification with the weapon on the
firing range is | ||||||
13 | submitted to the Department.
| ||||||
14 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
15 | (225 ILCS 447/35-45)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 35-45. Armed proprietary security force.
| ||||||
18 | (a) All financial institutions that employ one or more
| ||||||
19 | armed employees and all commercial or
industrial operations | ||||||
20 | that employ 5 or more persons as armed
employees shall register | ||||||
21 | their security forces
with the Department on forms provided by | ||||||
22 | the Department.
| ||||||
23 | (b) All armed employees of the registered
proprietary | ||||||
24 | security force must complete a 20-hour basic
training course | ||||||
25 | and 20-hour firearm training.
| ||||||
26 | (c) Every proprietary security force is required to
apply | ||||||
27 | to the Department, on forms supplied by the Department,
for a | ||||||
28 | firearm control
authorization card for each armed employee.
| ||||||
29 | (d) The Department may provide rules for the
administration | ||||||
30 | of this Section.
| ||||||
31 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
32 | (225 ILCS 447/40-10)
| ||||||
33 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
34 | Sec. 40-10. Disciplinary sanctions.
|
| |||||||
| |||||||
1 | (a) The Department may deny issuance, refuse to renew,
or | ||||||
2 | restore or may reprimand, place on probation, suspend, or
| ||||||
3 | revoke any license, registration, permanent employee
| ||||||
4 | registration card, or firearm control
authorization card, and | ||||||
5 | it may
impose a fine not to exceed $1,500 for a first violation | ||||||
6 | and
not to exceed $5,000 for a second or subsequent violation | ||||||
7 | for
any of the following:
| ||||||
8 | (1) Fraud or deception in obtaining or renewing of
a | ||||||
9 | license or registration.
| ||||||
10 | (2) Professional incompetence as manifested by poor
| ||||||
11 | standards of service.
| ||||||
12 | (3) Engaging in dishonorable, unethical, or
| ||||||
13 | unprofessional conduct of a character likely to deceive,
| ||||||
14 | defraud, or harm the public.
| ||||||
15 | (4) Conviction in Illinois or another state of any
| ||||||
16 | crime that is a felony under the laws of Illinois; a felony | ||||||
17 | in
a federal court; a misdemeanor, an essential element of | ||||||
18 | which
is dishonesty; or directly related to professional | ||||||
19 | practice.
| ||||||
20 | (5) Performing any services in a grossly negligent
| ||||||
21 | manner or permitting any of a licensee's employees to | ||||||
22 | perform
services in a grossly negligent manner, regardless | ||||||
23 | of whether
actual damage to the public is established.
| ||||||
24 | (6) Continued practice, although the person
has become | ||||||
25 | unfit to practice due to any of the
following:
| ||||||
26 | (A) Physical illness, including, but not
limited | ||||||
27 | to, deterioration through the aging process or loss of
| ||||||
28 | motor skills that results in the inability to serve the | ||||||
29 | public
with reasonable judgment, skill, or safety.
| ||||||
30 | (B) Mental disability demonstrated by the
entry of | ||||||
31 | an order or judgment by a court that a
person is in | ||||||
32 | need of mental treatment or is incompetent.
| ||||||
33 | (C) Addiction to or dependency on alcohol or
drugs | ||||||
34 | that is likely to endanger the public. If the
| ||||||
35 | Department has reasonable cause to believe that a | ||||||
36 | person is
addicted to or dependent on alcohol or drugs |
| |||||||
| |||||||
1 | that
may endanger the public, the Department may | ||||||
2 | require the
person to undergo an examination to | ||||||
3 | determine the
extent of the addiction or dependency.
| ||||||
4 | (7) Receiving, directly or indirectly, compensation
| ||||||
5 | for any services not rendered.
| ||||||
6 | (8) Willfully deceiving or defrauding the public on
a | ||||||
7 | material matter.
| ||||||
8 | (9) Failing to account for or remit any moneys or
| ||||||
9 | documents coming into the licensee's possession that
| ||||||
10 | belong to another person or entity.
| ||||||
11 | (10) Discipline by another United States
jurisdiction | ||||||
12 | or foreign nation, if at least one of the grounds
for the | ||||||
13 | discipline is the same or substantially equivalent to
those | ||||||
14 | set forth in this Act.
| ||||||
15 | (11) Giving differential treatment to a person that
is | ||||||
16 | to that person's detriment because of race, color, creed,
| ||||||
17 | sex, religion, or national origin.
| ||||||
18 | (12) Engaging in false or misleading advertising.
| ||||||
19 | (13) Aiding, assisting, or willingly permitting
| ||||||
20 | another person to violate this Act or rules promulgated | ||||||
21 | under
it.
| ||||||
22 | (14) Performing and charging for services without
| ||||||
23 | authorization to do so from the person or entity serviced.
| ||||||
24 | (15) Directly or indirectly offering or accepting
any | ||||||
25 | benefit to or from any employee, agent, or fiduciary
| ||||||
26 | without the consent of the latter's employer or principal | ||||||
27 | with
intent to or the understanding that this action will | ||||||
28 | influence
his or her conduct in relation to his or her | ||||||
29 | employer's or
principal's affairs.
| ||||||
30 | (16) Violation of any disciplinary order imposed on
a | ||||||
31 | licensee by the Department.
| ||||||
32 | (17) Failing to comply with any provision of this
Act | ||||||
33 | or rule promulgated under it.
| ||||||
34 | (18) Conducting an agency without a valid license.
| ||||||
35 | (19) Revealing confidential information, except as
| ||||||
36 | required by law, including but not limited to information
|
| |||||||
| |||||||
1 | available under Section 2-123 of the Illinois Vehicle Code.
| ||||||
2 | (20) Failing to make available to the Department,
upon | ||||||
3 | request, any books, records, or forms required by this
Act.
| ||||||
4 | (21) Failing, within 30 days, to respond to a
written | ||||||
5 | request for information from the Department.
| ||||||
6 | (22) Failing to provide employment information or
| ||||||
7 | experience information required by the Department | ||||||
8 | regarding an
applicant for licensure.
| ||||||
9 | (23) Failing to make available to the Department at
the | ||||||
10 | time of the request any indicia of licensure or
| ||||||
11 | registration issued under this Act.
| ||||||
12 | (24) Purporting to be a licensee-in-charge of an
agency | ||||||
13 | without active participation in the agency.
| ||||||
14 | (b) The Department shall seek to be consistent in the
| ||||||
15 | application of disciplinary sanctions.
| ||||||
16 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
17 | (225 ILCS 447/45-50)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
19 | Sec. 45-50. Unlicensed practice; fraud in obtaining a
| ||||||
20 | license.
| ||||||
21 | (a) A person who violates any of the following
provisions | ||||||
22 | shall be guilty of a Class A misdemeanor; a person
who commits | ||||||
23 | a second or subsequent violation of these
provisions is guilty | ||||||
24 | of a Class 4 felony:
| ||||||
25 | (1) The practice of or attempted practice of or
holding | ||||||
26 | out as available to practice as a private detective,
| ||||||
27 | private security contractor, private alarm contractor, or
| ||||||
28 | locksmith without a license.
| ||||||
29 | (2) Operation of or attempt to operate a private
| ||||||
30 | detective agency, private security contractor agency, | ||||||
31 | private
alarm contractor agency, or locksmith agency | ||||||
32 | without ever
having been issued a valid agency license.
| ||||||
33 | (3) The obtaining of or the attempt to obtain any
| ||||||
34 | license or authorization issued under this Act by | ||||||
35 | fraudulent
misrepresentation.
|
| |||||||
| |||||||
1 | (b) Whenever a licensee is convicted of a felony related
to | ||||||
2 | the violations set forth in this Section, the clerk of the
| ||||||
3 | court in any jurisdiction shall promptly report the conviction
| ||||||
4 | to the Department and the Department shall immediately revoke
| ||||||
5 | any license as a private detective, private security
| ||||||
6 | contractor, private alarm contractor, or locksmith held by
that | ||||||
7 | licensee. The individual shall not be eligible for
licensure | ||||||
8 | under this Act until at least 10 years have elapsed
since the | ||||||
9 | time of full discharge from any sentence imposed for
a felony | ||||||
10 | conviction. If any person in making any oath or
affidavit | ||||||
11 | required by this Act swears falsely, the person is
guilty of | ||||||
12 | perjury and may be punished accordingly.
| ||||||
13 | (c) In addition to any other penalty provided by law, a
| ||||||
14 | person , licensed or unlicensed, who violates any provision of | ||||||
15 | this Act
Section shall pay a
civil penalty to the Department in | ||||||
16 | an amount not to exceed
$5,000 for each offense, as determined | ||||||
17 | by the Department. The
civil penalty shall be imposed in | ||||||
18 | accordance with this Act.
| ||||||
19 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
20 | (225 ILCS 447/45-55)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
22 | Sec. 45-55. Subpoenas.
| ||||||
23 | (a) The Department may subpoena and bring before it any
| ||||||
24 | person to take the oral or written testimony with the same fees | ||||||
25 | and mileage and in the
same manner as prescribed in civil | ||||||
26 | cases.
| ||||||
27 | (b) Any circuit court, upon the application of the
| ||||||
28 | licensee, the Department, or the Board, may order
the
| ||||||
29 | attendance of witnesses and the production of relevant books
| ||||||
30 | and papers before the Board in any hearing under this Act.
The
| ||||||
31 | circuit court may compel obedience to its order by proceedings
| ||||||
32 | for contempt.
| ||||||
33 | (c) The Director, the hearing officer or a certified
| ||||||
34 | shorthand court reporter may administer oaths at any hearing
| ||||||
35 | the Department conducts. Notwithstanding any other statute or
|
| |||||||
| |||||||
1 | Department rule to the contrary, all requests for testimony,
| ||||||
2 | production of documents or records shall be in
accordance with | ||||||
3 | this Act.
| ||||||
4 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
5 | Section 10. The Criminal Code of 1961 is amended by | ||||||
6 | changing Section 24-2 as follows:
| ||||||
7 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||||||
8 | Sec. 24-2. Exemptions.
| ||||||
9 | (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | ||||||
10 | Section
24-1.6 do not apply to
or affect any of the following:
| ||||||
11 | (1) Peace officers, and any person summoned by a peace | ||||||
12 | officer to
assist in making arrests or preserving the | ||||||
13 | peace, while actually engaged in
assisting such officer.
| ||||||
14 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
15 | penitentiaries, jails and other institutions for the | ||||||
16 | detention of persons
accused or convicted of an offense, | ||||||
17 | while in the performance of their
official duty, or while | ||||||
18 | commuting between their homes and places of employment.
| ||||||
19 | (3) Members of the Armed Services or Reserve Forces of | ||||||
20 | the United States
or the Illinois National Guard or the | ||||||
21 | Reserve Officers Training Corps,
while in the performance | ||||||
22 | of their official duty.
| ||||||
23 | (4) Special agents employed by a railroad or a public | ||||||
24 | utility to
perform police functions, and guards of armored | ||||||
25 | car companies, while
actually engaged in the performance of | ||||||
26 | the duties of their employment or
commuting between their | ||||||
27 | homes and places of employment; and watchmen
while actually | ||||||
28 | engaged in the performance of the duties of their | ||||||
29 | employment.
| ||||||
30 | (5) Persons licensed as private security contractors, | ||||||
31 | private
detectives, or private alarm contractors, or | ||||||
32 | employed by an agency
certified by the Department of | ||||||
33 | Professional Regulation, if their duties
include the | ||||||
34 | carrying of a weapon under the provisions of the Private
|
| |||||||
| |||||||
1 | Detective, Private Alarm,
Private Security, and Locksmith | ||||||
2 | Act of 2004,
while actually
engaged in the performance of | ||||||
3 | the duties of their employment or commuting
between their | ||||||
4 | homes and places of employment, provided that such | ||||||
5 | commuting
is accomplished within one hour from departure | ||||||
6 | from home or place of
employment, as the case may be. | ||||||
7 | Persons exempted under this subdivision
(a)(5) shall be | ||||||
8 | required to have completed a course of
study in firearms | ||||||
9 | handling and training approved and supervised by the
| ||||||
10 | Department of Professional Regulation as prescribed by | ||||||
11 | Section 28 of the
Private Detective, Private Alarm,
Private | ||||||
12 | Security, and Locksmith Act of 2004, prior
to becoming | ||||||
13 | eligible for this exemption. The Department of | ||||||
14 | Professional
Regulation shall provide suitable | ||||||
15 | documentation demonstrating the
successful completion of | ||||||
16 | the prescribed firearms training. Such
documentation shall | ||||||
17 | be carried at all times when such persons are in
possession | ||||||
18 | of a concealable weapon.
| ||||||
19 | (6) Any person regularly employed in a commercial or | ||||||
20 | industrial
operation as a security guard for the protection | ||||||
21 | of persons employed
and private property related to such | ||||||
22 | commercial or industrial
operation, while actually engaged | ||||||
23 | in the performance of his or her
duty or traveling between | ||||||
24 | sites or properties belonging to the
employer, and who, as | ||||||
25 | a security guard, is a member of a security force of
at | ||||||
26 | least 5 persons registered with the Department of | ||||||
27 | Professional
Regulation; provided that such security guard | ||||||
28 | has successfully completed a
course of study, approved by | ||||||
29 | and supervised by the Department of
Professional | ||||||
30 | Regulation, consisting of not less than 40 hours of | ||||||
31 | training
that includes the theory of law enforcement, | ||||||
32 | liability for acts, and the
handling of weapons. A person | ||||||
33 | shall be considered eligible for this
exemption if he or | ||||||
34 | she has completed the required 20
hours of training for a | ||||||
35 | security officer and 20 hours of required firearm
training, | ||||||
36 | and has been issued a firearm control
authorization card by
|
| |||||||
| |||||||
1 | the Department of Professional Regulation. Conditions for | ||||||
2 | the renewal of
firearm control
authorization cards issued | ||||||
3 | under the provisions of this Section
shall be the same as | ||||||
4 | for those cards issued under the provisions of the
Private | ||||||
5 | Detective, Private Alarm,
Private Security, and Locksmith | ||||||
6 | Act of 2004. Such
firearm control
authorization card shall | ||||||
7 | be carried by the security guard at all
times when he or | ||||||
8 | she is in possession of a concealable weapon.
| ||||||
9 | (7) Agents and investigators of the Illinois | ||||||
10 | Legislative Investigating
Commission authorized by the | ||||||
11 | Commission to carry the weapons specified in
subsections | ||||||
12 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
13 | any investigation for the Commission.
| ||||||
14 | (8) Persons employed by a financial institution for the | ||||||
15 | protection of
other employees and property related to such | ||||||
16 | financial institution, while
actually engaged in the | ||||||
17 | performance of their duties, commuting between
their homes | ||||||
18 | and places of employment, or traveling between sites or
| ||||||
19 | properties owned or operated by such financial | ||||||
20 | institution, provided that
any person so employed has | ||||||
21 | successfully completed a course of study,
approved by and | ||||||
22 | supervised by the Department of Professional Regulation,
| ||||||
23 | consisting of not less than 40 hours of training which | ||||||
24 | includes theory of
law enforcement, liability for acts, and | ||||||
25 | the handling of weapons.
A person shall be considered to be | ||||||
26 | eligible for this exemption if he or
she has completed the | ||||||
27 | required 20 hours of training for a security officer
and 20 | ||||||
28 | hours of required firearm training, and has been issued a
| ||||||
29 | firearm control
authorization card by the Department of | ||||||
30 | Professional Regulation.
Conditions for renewal of firearm | ||||||
31 | control
authorization cards issued under the
provisions of | ||||||
32 | this Section shall be the same as for those issued under | ||||||
33 | the
provisions of the Private Detective, Private Alarm,
| ||||||
34 | Private Security, and Locksmith Act of 2004.
Such firearm | ||||||
35 | control
authorization card shall be carried by the person | ||||||
36 | so
trained at all times when such person is in possession |
| |||||||
| |||||||
1 | of a concealable
weapon. For purposes of this subsection, | ||||||
2 | "financial institution" means a
bank, savings and loan | ||||||
3 | association, credit union or company providing
armored car | ||||||
4 | services.
| ||||||
5 | (9) Any person employed by an armored car company to | ||||||
6 | drive an armored
car, while actually engaged in the | ||||||
7 | performance of his duties.
| ||||||
8 | (10) Persons who have been classified as peace officers | ||||||
9 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
10 | (11) Investigators of the Office of the State's | ||||||
11 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
12 | governors of the Office of the
State's Attorneys Appellate | ||||||
13 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
14 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
15 | (12) Special investigators appointed by a State's | ||||||
16 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
17 | (12.5) Probation officers while in the performance of | ||||||
18 | their duties, or
while commuting between their homes, | ||||||
19 | places of employment or specific locations
that are part of | ||||||
20 | their assigned duties, with the consent of the chief judge | ||||||
21 | of
the circuit for which they are employed.
| ||||||
22 | (13) Court Security Officers while in the performance | ||||||
23 | of their official
duties, or while commuting between their | ||||||
24 | homes and places of employment, with
the
consent of the | ||||||
25 | Sheriff.
| ||||||
26 | (13.5) A person employed as an armed security guard at | ||||||
27 | a nuclear energy,
storage, weapons or development site or | ||||||
28 | facility regulated by the Nuclear
Regulatory Commission | ||||||
29 | who has completed the background screening and training
| ||||||
30 | mandated by the rules and regulations of the Nuclear | ||||||
31 | Regulatory Commission.
| ||||||
32 | (14) Manufacture, transportation, or sale of weapons | ||||||
33 | to
persons
authorized under subdivisions (1) through | ||||||
34 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
35 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
36 | 24-1.6 do not
apply to or affect
any of the following:
|
| |||||||
| |||||||
1 | (1) Members of any club or organization organized for | ||||||
2 | the purpose of
practicing shooting at targets upon | ||||||
3 | established target ranges, whether
public or private, and | ||||||
4 | patrons of such ranges, while such members
or patrons are | ||||||
5 | using their firearms on those target ranges.
| ||||||
6 | (2) Duly authorized military or civil organizations | ||||||
7 | while parading,
with the special permission of the | ||||||
8 | Governor.
| ||||||
9 | (3) Hunters, trappers or fishermen with a license or
| ||||||
10 | permit while engaged in hunting,
trapping or fishing.
| ||||||
11 | (4) Transportation of weapons that are broken down in a
| ||||||
12 | non-functioning state or are not immediately accessible.
| ||||||
13 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
14 | of the
following:
| ||||||
15 | (1) Peace officers while in performance of their | ||||||
16 | official duties.
| ||||||
17 | (2) Wardens, superintendents and keepers of prisons, | ||||||
18 | penitentiaries,
jails and other institutions for the | ||||||
19 | detention of persons accused or
convicted of an offense.
| ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States
or the Illinois National Guard, while in | ||||||
22 | the performance of their official
duty.
| ||||||
23 | (4) Manufacture, transportation, or sale of machine | ||||||
24 | guns to persons
authorized under subdivisions (1) through | ||||||
25 | (3) of this subsection to
possess machine guns, if the | ||||||
26 | machine guns are broken down in a
non-functioning state or | ||||||
27 | are not immediately accessible.
| ||||||
28 | (5) Persons licensed under federal law to manufacture | ||||||
29 | any weapon from
which 8 or more shots or bullets can be | ||||||
30 | discharged by a
single function of the firing device, or | ||||||
31 | ammunition for such weapons, and
actually engaged in the | ||||||
32 | business of manufacturing such weapons or
ammunition, but | ||||||
33 | only with respect to activities which are within the lawful
| ||||||
34 | scope of such business, such as the manufacture, | ||||||
35 | transportation, or testing
of such weapons or ammunition. | ||||||
36 | This exemption does not authorize the
general private |
| |||||||
| |||||||
1 | possession of any weapon from which 8 or more
shots or | ||||||
2 | bullets can be discharged by a single function of the | ||||||
3 | firing
device, but only such possession and activities as | ||||||
4 | are within the lawful
scope of a licensed manufacturing | ||||||
5 | business described in this paragraph.
| ||||||
6 | During transportation, such weapons shall be broken | ||||||
7 | down in a
non-functioning state or not immediately | ||||||
8 | accessible.
| ||||||
9 | (6) The manufacture, transport, testing, delivery, | ||||||
10 | transfer or sale,
and all lawful commercial or experimental | ||||||
11 | activities necessary thereto, of
rifles, shotguns, and | ||||||
12 | weapons made from rifles or shotguns,
or ammunition for | ||||||
13 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
14 | person operating as a contractor or subcontractor pursuant | ||||||
15 | to a
contract or subcontract for the development and supply | ||||||
16 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
17 | United States government or any
branch of the Armed Forces | ||||||
18 | of the United States, when such activities are
necessary | ||||||
19 | and incident to fulfilling the terms of such contract.
| ||||||
20 | The exemption granted under this subdivision (c)(6)
| ||||||
21 | shall also apply to any authorized agent of any such | ||||||
22 | contractor or
subcontractor who is operating within the | ||||||
23 | scope of his employment, where
such activities involving | ||||||
24 | such weapon, weapons or ammunition are necessary
and | ||||||
25 | incident to fulfilling the terms of such contract.
| ||||||
26 | During transportation, any such weapon shall be broken | ||||||
27 | down in a
non-functioning state, or not immediately | ||||||
28 | accessible.
| ||||||
29 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
30 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
31 | officer.
| ||||||
32 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
33 | manager or
authorized employee of any place specified in that | ||||||
34 | subsection nor to any
law enforcement officer.
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35 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
36 | Section 24-1.6
do not apply
to members of any club or |
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| |||||||
1 | organization organized for the purpose of practicing
shooting | ||||||
2 | at targets upon established target ranges, whether public or | ||||||
3 | private,
while using their firearms on those target ranges.
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4 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
5 | to:
| ||||||
6 | (1) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United
States or the Illinois National Guard, while in | ||||||
8 | the performance of their
official duty.
| ||||||
9 | (2) Bonafide collectors of antique or surplus military | ||||||
10 | ordinance.
| ||||||
11 | (3) Laboratories having a department of forensic | ||||||
12 | ballistics, or
specializing in the development of | ||||||
13 | ammunition or explosive ordinance.
| ||||||
14 | (4) Commerce, preparation, assembly or possession of | ||||||
15 | explosive
bullets by manufacturers of ammunition licensed | ||||||
16 | by the federal government,
in connection with the supply of | ||||||
17 | those organizations and persons exempted
by subdivision | ||||||
18 | (g)(1) of this Section, or like organizations and persons
| ||||||
19 | outside this State, or the transportation of explosive | ||||||
20 | bullets to any
organization or person exempted in this | ||||||
21 | Section by a common carrier or by a
vehicle owned or leased | ||||||
22 | by an exempted manufacturer.
| ||||||
23 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
24 | persons licensed
under federal law to manufacture any device or | ||||||
25 | attachment of any kind designed,
used, or intended for use in | ||||||
26 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
27 | for those firearms equipped with those devices, and actually | ||||||
28 | engaged in the
business of manufacturing those devices, | ||||||
29 | firearms, or ammunition, but only with
respect to
activities | ||||||
30 | that are within the lawful scope of that business, such as the
| ||||||
31 | manufacture, transportation, or testing of those devices, | ||||||
32 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
33 | general private possession of any device or
attachment of any | ||||||
34 | kind designed, used, or intended for use in silencing the
| ||||||
35 | report of any firearm, but only such possession and activities | ||||||
36 | as are within
the
lawful scope of a licensed manufacturing |
| |||||||
| |||||||
1 | business described in this subsection
(g-5). During | ||||||
2 | transportation, those devices shall be detached from any weapon
| ||||||
3 | or
not immediately accessible.
| ||||||
4 | (h) An information or indictment based upon a violation of | ||||||
5 | any
subsection of this Article need not negative any exemptions | ||||||
6 | contained in
this Article. The defendant shall have the burden | ||||||
7 | of proving such an
exemption.
| ||||||
8 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
9 | affect
the transportation, carrying, or possession, of any | ||||||
10 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
11 | to a common carrier operating
under license of the State of | ||||||
12 | Illinois or the federal government, where
such transportation, | ||||||
13 | carrying, or possession is incident to the lawful
| ||||||
14 | transportation in which such common carrier is engaged; and | ||||||
15 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
16 | transportation, carrying,
or possession of any pistol, | ||||||
17 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
18 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
19 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
20 | carrying box, shipping box, or other container, by the | ||||||
21 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
22 | (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | ||||||
23 | eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|