101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1738

 

Introduced 2/15/2019, 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 reasonable attorney's fees and costs may be awarded to a licensee, interested party, or person injured if he or she successfully obtains injunctive relief, whether by consent or otherwise. Effective immediately.


LRB101 07329 JRG 52369 b

 

 

A BILL FOR

 

SB1738LRB101 07329 JRG 52369 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8    (Section scheduled to be repealed on January 1, 2024)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. Reasonable attorney's fees and costs may be awarded to
26the licensee, 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.