99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0863
 
Introduced 2/11/2015, by Sen. Antonio Muņoz
 
SYNOPSIS AS INTRODUCED:
 

 
  
225 ILCS 447/40-5

     Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that a licensee, interested party, or injured party successfully obtaining injunctive relief against an individual practicing without a license shall be awarded attorney's fees and costs. Effective immediately.
  


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A BILL FOR
 

  
SB0863LRB099 03922 HAF 23938 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Private Detective, Private Alarm, Private 
5Security, Fingerprint Vendor, and
Locksmith Act of 2004 is 
6amended  by changing Section 40-5 as follows:
 



7    (225 ILCS 447/40-5)



8    (Section scheduled to be repealed on January 1, 2024)

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

14fingerprint vendor agency, or locksmith agency by any person, 
15firm, corporation, or other
legal entity that has not been 
16issued a license by the
Department or whose license has been 
17suspended, revoked, or
not renewed is hereby declared to be 
18inimical to the public
safety and welfare and to constitute a 
19public nuisance. The
Secretary may, in the name of the People 
20of the State of Illinois through the Attorney General of the 
21State of Illinois or the State's Attorney
of any county in 
22which the violation is alleged to have occurred in the State of 
23Illinois, petition for an order enjoining the violation or for 
 
 
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1an order enforcing compliance with this Act. Upon the
filing of 
2a verified petition in court, if satisfied by
affidavit or 
3otherwise that the person, firm, corporation, or
other legal 
4entity is or has been conducting activities in
violation of 
5this Act, the court may enter a temporary
restraining order or 
6preliminary injunction, without bond,
enjoining the defendant 
7from further activity. A copy of the
verified complaint shall 
8be served upon the defendant and the
proceedings shall be 
9conducted as in civil cases. If it is
established the defendant 
10has been or is conducting activities
in violation of this Act, 
11the court may enter a judgment
enjoining the defendant from 
12that activity. In case of
violation of any injunctive order or 
13judgment entered under
this Section, the court may punish the 
14offender for contempt
of court. Injunctive proceedings shall be 
15in addition to all
other penalties under this Act.

16    (b) If any person practices as a private detective, private 
17security contractor, private alarm contractor, fingerprint 
18vendor, locksmith, private detective agency, private security 
19contractor agency, private alarm contractor agency, 
20fingerprint vendor agency, or locksmith agency or holds himself 
21or herself out as such without having a valid license under 
22this Act, then any licensee, any interested party, or any 
23person injured thereby may, in addition to the Secretary, 
24petition for relief as provided in subsection (a) of this 
25Section. Attorney's fees and costs shall  be awarded to the 
26licensee, interested party, or person injured if he or she 
 
 
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1successfully obtains injunctive relief, whether by consent or 
2otherwise. 
3(Source: P.A. 98-253, eff. 8-9-13.)

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