| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning regulation.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Private Detective, Private Alarm, Private | ||||||
| 5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
| 6 | amended by changing Section 15-5 as follows:
| ||||||
| 7 | (225 ILCS 447/15-5)
| ||||||
| 8 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
| 9 | Sec. 15-5. Exemptions; private detective. The provisions
| ||||||
| 10 | of this Act relating to the licensure of private detectives do
| ||||||
| 11 | not apply to any of the following:
| ||||||
| 12 | (1) An employee of the United States, Illinois, or a
| ||||||
| 13 | political subdivision of either while the employee is | ||||||
| 14 | engaged
in the performance of his or her official duties | ||||||
| 15 | within the
scope of his or her employment. However, any | ||||||
| 16 | such person who
offers his or her services as a private | ||||||
| 17 | detective or uses a
similar title when these services are | ||||||
| 18 | performed for
compensation or other consideration, whether | ||||||
| 19 | received directly
or indirectly, is subject to this Act.
| ||||||
| 20 | (2) A person, firm, or other entity engaged exclusively
| ||||||
| 21 | in tracing and compiling lineage or ancestry who does not | ||||||
| 22 | hold
himself or herself out to be a private detective.
| ||||||
| 23 | (3) A person engaged exclusively in obtaining and
| ||||||
| |||||||
| |||||||
| 1 | furnishing information as to the financial rating or | ||||||
| 2 | creditworthiness of
persons or a person who provides | ||||||
| 3 | reports in
connection with (i) consumer credit | ||||||
| 4 | transactions, (ii)
information for employment purposes, or | ||||||
| 5 | (iii) information for
the underwriting of consumer | ||||||
| 6 | insurance.
| ||||||
| 7 | (4) Insurance adjusters employed or under contract as
| ||||||
| 8 | adjusters who engage in no other investigative activities
| ||||||
| 9 | other than those directly connected with adjustment of | ||||||
| 10 | claims
against an insurance company or a self-insured | ||||||
| 11 | entity by which
they are employed or with which they have a | ||||||
| 12 | contract. No
insurance adjuster or company may use the term | ||||||
| 13 | "investigation"
or any derivative thereof, in its name or | ||||||
| 14 | in its advertising.
| ||||||
| 15 | (5) A person, firm, or other entity engaged in | ||||||
| 16 | providing computer forensics services so long as the | ||||||
| 17 | person, firm, or other entity does not hold himself or | ||||||
| 18 | herself out to be a private detective. For the purposes of | ||||||
| 19 | this subsection, "computer forensics services" means a | ||||||
| 20 | branch of forensic science pertaining to the recovery and | ||||||
| 21 | analysis of electronically stored information. | ||||||
| 22 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.
| ||||||