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Rep. Robert Rita
Filed: 4/9/2015
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1 | | AMENDMENT TO HOUSE BILL 1422
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2 | | AMENDMENT NO. ______. Amend House Bill 1422 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Private Detective, Private Alarm, Private |
5 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
6 | | amended by changing Sections 20-10 and 40-10 as follows:
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7 | | (225 ILCS 447/20-10)
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8 | | (Section scheduled to be repealed on January 1, 2024)
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9 | | Sec. 20-10. Qualifications for licensure as a private
alarm |
10 | | contractor. |
11 | | (a) A person is qualified for licensure as a private
alarm |
12 | | contractor if he or she meets all of the following
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13 | | requirements:
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14 | | (1) Is at least 21 years of age.
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15 | | (2) Has not been convicted of any felony in any
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16 | | jurisdiction or at least 10 years have elapsed since the |
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1 | | time
of full discharge from a sentence imposed for a felony
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2 | | conviction.
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3 | | (3) Is of good moral character. Good moral
character is |
4 | | a continuing requirement of licensure.
Conviction of |
5 | | crimes other than felonies may be used in
determining moral |
6 | | character, but shall not constitute an
absolute bar to |
7 | | licensure, except where the applicant is a registered sex |
8 | | offender.
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9 | | (4) Has not been declared by any court of competent
|
10 | | jurisdiction to be incompetent by reason of mental or |
11 | | physical
defect or disease, unless a court has subsequently |
12 | | declared
him or her to be competent.
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13 | | (5) Is not suffering from dependence on alcohol or
from |
14 | | narcotic addiction or dependence.
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15 | | (6) Has a minimum of 3 years experience during the 5
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16 | | years immediately preceding the application (i) working as |
17 | | a full-time
manager for a licensed private alarm contractor |
18 | | agency or (ii) working for
a government, one of the armed |
19 | | forces of the United States, or private entity that |
20 | | inspects, reviews, designs, sells, installs, operates, |
21 | | services, or monitors
alarm systems that, in the judgment |
22 | | of the Board, satisfies
the standards of alarm industry |
23 | | competence. The Board and the Department may
accept, in |
24 | | lieu of the experience requirement in this
item (6), |
25 | | alternative experience working as a full-time
manager for a |
26 | | private alarm contractor agency licensed in
another state |
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1 | | or for a private alarm contractor agency in
a state that |
2 | | does not license such agencies, if the
experience is |
3 | | substantially equivalent to that
gained working for an |
4 | | Illinois licensed private alarm
contractor agency. An |
5 | | applicant who
has received a 4-year degree or higher in |
6 | | electrical
engineering or a related field from a program |
7 | | approved by the
Board or a business degree from an |
8 | | accredited college or university shall be given credit for |
9 | | 2 years of the required
experience. An applicant who has |
10 | | successfully completed a
national certification program |
11 | | approved by the Board shall be
given credit for one year of |
12 | | the required experience.
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13 | | (7) Has not been dishonorably discharged from the
armed |
14 | | forces of the United States.
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15 | | (8) Has passed an examination authorized by the
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16 | | Department.
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17 | | (9) Submits his or her fingerprints, proof of
having |
18 | | general liability insurance required under subsection
(c), |
19 | | and the required license fee.
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20 | | (10) Has not violated Section 10-5 of this Act.
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21 | | (b) (Blank).
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22 | | (c) It is the responsibility of the applicant to obtain
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23 | | general liability insurance in an amount and coverage
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24 | | appropriate for the applicant's circumstances as determined by
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25 | | rule. The applicant shall provide evidence of insurance to
the |
26 | | Department before being issued a license. Failure to
maintain |
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1 | | general liability insurance and to provide the
Department with |
2 | | written proof of the insurance shall result in
cancellation of |
3 | | the license without hearing.
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4 | | (Source: P.A. 98-253, eff. 8-9-13.)
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5 | | (225 ILCS 447/40-10)
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6 | | (Section scheduled to be repealed on January 1, 2024)
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7 | | Sec. 40-10. Disciplinary sanctions.
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8 | | (a) The Department may deny issuance, refuse to renew,
or |
9 | | restore or may reprimand, place on probation, suspend,
revoke, |
10 | | or take other disciplinary or non-disciplinary action against |
11 | | any license, registration, permanent employee
registration |
12 | | card, canine handler authorization card, canine trainer |
13 | | authorization card, or firearm control
card, may
impose a fine |
14 | | not to exceed $10,000 for each violation, and may assess costs |
15 | | as provided for under Section 45-60, for
any of the following:
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16 | | (1) Fraud, deception, or misrepresentation in |
17 | | obtaining or renewing of
a license or registration.
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18 | | (2) Professional incompetence as manifested by poor
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19 | | standards of service.
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20 | | (3) Engaging in dishonorable, unethical, or
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21 | | unprofessional conduct of a character likely to deceive,
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22 | | defraud, or harm the public.
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23 | | (4) Conviction of or by plea of guilty or plea of nolo |
24 | | contendere to a felony or misdemeanor in this State or any |
25 | | other jurisdiction or the entry of an administrative |
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1 | | sanction by a government agency in this State or any other |
2 | | jurisdiction; action taken under this paragraph (4) for a |
3 | | misdemeanor or an administrative sanction is limited to a |
4 | | misdemeanor or administrative sanction that has as an |
5 | | essential element dishonesty or fraud or involves larceny, |
6 | | embezzlement, or obtaining money, property, or credit by |
7 | | false pretenses or by means of a confidence game. , finding |
8 | | of guilt, jury verdict, or entry of judgment or by |
9 | | sentencing of any crime including, but not limited to, |
10 | | convictions, preceding sentences of supervision, |
11 | | conditional discharge, or first offender probation, under |
12 | | the laws of any jurisdiction of the United States that is |
13 | | (i) a felony in
a federal court; or (ii) a misdemeanor, an |
14 | | essential element of which
is dishonesty, or that is |
15 | | directly related to the practice of the profession.
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16 | | (5) Performing any services in a grossly negligent
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17 | | manner or permitting any of a licensee's employees to |
18 | | perform
services in a grossly negligent manner, regardless |
19 | | of whether
actual damage to the public is established.
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20 | | (6) Continued practice, although the person
has become |
21 | | unfit to practice due to any of the
following:
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22 | | (A) Physical illness, mental illness, or other |
23 | | impairment, including, but not
limited to, |
24 | | deterioration through the aging process or loss of
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25 | | motor skills that results in the inability to serve the |
26 | | public
with reasonable judgment, skill, or safety.
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1 | | (B) (Blank).
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2 | | (C) Habitual or excessive use or abuse of drugs |
3 | | defined in law as controlled substances, alcohol, or |
4 | | any other substance that results in the inability to |
5 | | practice with reasonable judgment, skill, or safety.
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6 | | (7) Receiving, directly or indirectly, compensation
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7 | | for any services not rendered.
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8 | | (8) Willfully deceiving or defrauding the public on
a |
9 | | material matter.
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10 | | (9) Failing to account for or remit any moneys or
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11 | | documents coming into the licensee's possession that
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12 | | belong to another person or entity.
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13 | | (10) Discipline by another United States
jurisdiction, |
14 | | foreign nation, or governmental agency, if at least one of |
15 | | the grounds
for the discipline is the same or substantially |
16 | | equivalent to
those set forth in this Act.
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17 | | (11) Giving differential treatment to a person that
is |
18 | | to that person's detriment because of race, color, creed,
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19 | | sex, religion, or national origin.
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20 | | (12) Engaging in false or misleading advertising.
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21 | | (13) Aiding, assisting, or willingly permitting
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22 | | another person to violate this Act or rules promulgated |
23 | | under
it.
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24 | | (14) Performing and charging for services without
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25 | | authorization to do so from the person or entity serviced.
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26 | | (15) Directly or indirectly offering or accepting
any |
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1 | | benefit to or from any employee, agent, or fiduciary
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2 | | without the consent of the latter's employer or principal |
3 | | with
intent to or the understanding that this action will |
4 | | influence
his or her conduct in relation to his or her |
5 | | employer's or
principal's affairs.
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6 | | (16) Violation of any disciplinary order imposed on
a |
7 | | licensee by the Department.
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8 | | (17) Performing any act or practice that is a violation |
9 | | of this Act or the rules for the administration of this |
10 | | Act, or having a conviction or administrative finding of |
11 | | guilty as a result of violating any federal or State laws, |
12 | | rules, or regulations that apply exclusively to the |
13 | | practices of private detectives, private alarm |
14 | | contractors, private security contractors, fingerprint |
15 | | vendors, or locksmiths.
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16 | | (18) Conducting an agency without a valid license.
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17 | | (19) Revealing confidential information, except as
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18 | | required by law, including but not limited to information
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19 | | available under Section 2-123 of the Illinois Vehicle Code.
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20 | | (20) Failing to make available to the Department,
upon |
21 | | request, any books, records, or forms required by this
Act.
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22 | | (21) Failing, within 30 days, to respond to a
written |
23 | | request for information from the Department.
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24 | | (22) Failing to provide employment information or
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25 | | experience information required by the Department |
26 | | regarding an
applicant for licensure.
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1 | | (23) Failing to make available to the Department at
the |
2 | | time of the request any indicia of licensure or
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3 | | registration issued under this Act.
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4 | | (24) Purporting to be a licensee-in-charge of an
agency |
5 | | without active participation in the agency.
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6 | | (25) A finding by the Department that the licensee, |
7 | | after having his or her license placed on probationary |
8 | | status, has violated the terms of probation. |
9 | | (26) Violating subsection (f) of Section 30-30. |
10 | | (27) A firearm control card holder having more firearms |
11 | | in his or her immediate possession than he or she can |
12 | | reasonably exercise control over. |
13 | | (28) Failure to report in writing to the Department, |
14 | | within 60 days of an entry of a settlement or a verdict in |
15 | | excess of $10,000, any legal action in which the quality of |
16 | | the licensee's or registrant's professional services was |
17 | | the subject of the legal action. |
18 | | (b) All fines imposed under this Section shall be paid |
19 | | within 60 days after the effective date of the order imposing |
20 | | the fine.
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21 | | (c) The Department shall adopt rules that set forth |
22 | | standards of service for the following:
(i) acceptable error |
23 | | rate in the transmission of fingerprint images and other data |
24 | | to the Department of State Police;
(ii) acceptable error rate |
25 | | in the collection and documentation of information used to |
26 | | generate
fingerprint work orders;
and (iii) any other standard |
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1 | | of service that affects fingerprinting services as determined |
2 | | by the
Department.
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3 | | The determination by a circuit court that a licensee is |
4 | | subject to involuntary admission or judicial admission, as |
5 | | provided in the Mental Health and Developmental Disabilities |
6 | | Code, operates as an automatic suspension. The suspension will |
7 | | end only upon a finding by a court that the patient is no |
8 | | longer subject to involuntary admission or judicial admission |
9 | | and the issuance of an order so finding and discharging the |
10 | | patient. |
11 | | (Source: P.A. 98-253, eff. 8-9-13.)
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12 | | Section 10. The Criminal Code of 2012 is amended by |
13 | | changing Section 24-2 as follows:
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14 | | (720 ILCS 5/24-2)
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15 | | Sec. 24-2. Exemptions.
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16 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
17 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
18 | | the following:
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19 | | (1) Peace officers, and any person summoned by a peace |
20 | | officer to
assist in making arrests or preserving the |
21 | | peace, while actually engaged in
assisting such officer.
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22 | | (2) Wardens, superintendents and keepers of prisons,
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23 | | penitentiaries, jails and other institutions for the |
24 | | detention of persons
accused or convicted of an offense, |
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1 | | while in the performance of their
official duty, or while |
2 | | commuting between their homes and places of employment.
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3 | | (3) Members of the Armed Services or Reserve Forces of |
4 | | the United States
or the Illinois National Guard or the |
5 | | Reserve Officers Training Corps,
while in the performance |
6 | | of their official duty.
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7 | | (4) Special agents employed by a railroad or a public |
8 | | utility to
perform police functions, and guards of armored |
9 | | car companies, while
actually engaged in the performance of |
10 | | the duties of their employment or
commuting between their |
11 | | homes and places of employment; and watchmen
while actually |
12 | | engaged in the performance of the duties of their |
13 | | employment.
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14 | | (5) Persons licensed as private security contractors, |
15 | | private
detectives, or private alarm contractors, or |
16 | | employed by a private security contractor, private |
17 | | detective, or private alarm contractor an agency licensed
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18 | | certified by the Department of Financial and Professional |
19 | | Regulation, if their duties
include the carrying of a |
20 | | weapon under the provisions of the Private
Detective, |
21 | | Private Alarm,
Private Security, Fingerprint Vendor, and |
22 | | Locksmith Act of 2004,
while actually
engaged in the |
23 | | performance of the duties of their employment or commuting
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24 | | between their homes and places of employment , provided that |
25 | | such commuting
is accomplished within one hour from |
26 | | departure from home or place of
employment, as the case may |
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1 | | be . A person shall be considered eligible for this
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2 | | exemption if he or she has completed the required 20
hours |
3 | | of training for a private security contractor, private
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4 | | detective, or private alarm contractor, or employee of a |
5 | | licensed private security contractor, private detective, |
6 | | or private alarm contractor agency and 20 hours of required |
7 | | firearm
training, and has been issued a firearm control |
8 | | card by
the Department of Financial and Professional |
9 | | Regulation. Conditions for the renewal of
firearm control |
10 | | cards issued under the provisions of this Section
shall be |
11 | | the same as for those cards issued under the provisions of |
12 | | the
Private Detective, Private Alarm,
Private Security, |
13 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
14 | | control card shall be carried by the private security |
15 | | contractor, private
detective, or private alarm |
16 | | contractor, or employee of the licensed private security |
17 | | contractor, private detective, or private alarm contractor |
18 | | agency at all
times when he or she is in possession of a |
19 | | concealable weapon permitted by his or her firearm control |
20 | | card .
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21 | | (6) Any person regularly employed in a commercial or |
22 | | industrial
operation as a security guard for the protection |
23 | | of persons employed
and private property related to such |
24 | | commercial or industrial
operation, while actually engaged |
25 | | in the performance of his or her
duty or traveling between |
26 | | sites or properties belonging to the
employer, and who, as |
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1 | | a security guard, is a member of a security force of
at |
2 | | least 5 persons registered with the Department of Financial |
3 | | and Professional
Regulation; provided that such security |
4 | | guard has successfully completed a
course of study, |
5 | | approved by and supervised by the Department of
Financial |
6 | | and Professional Regulation, consisting of not less than 40 |
7 | | hours of training
that includes the theory of law |
8 | | enforcement, liability for acts, and the
handling of |
9 | | weapons. A person shall be considered eligible for this
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10 | | exemption if he or she has completed the required 20
hours |
11 | | of training for a security officer and 20 hours of required |
12 | | firearm
training, and has been issued a firearm control |
13 | | card by
the Department of Financial and Professional |
14 | | Regulation. Conditions for the renewal of
firearm control |
15 | | cards issued under the provisions of this Section
shall be |
16 | | the same as for those cards issued under the provisions of |
17 | | the
Private Detective, Private Alarm,
Private Security, |
18 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
19 | | control card shall be carried by the security guard at all
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20 | | times when he or she is in possession of a concealable |
21 | | weapon permitted by his or her firearm control card .
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22 | | (7) Agents and investigators of the Illinois |
23 | | Legislative Investigating
Commission authorized by the |
24 | | Commission to carry the weapons specified in
subsections |
25 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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26 | | any investigation for the Commission.
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1 | | (8) Persons employed by a financial institution as a |
2 | | security guard for the protection of
other employees and |
3 | | property related to such financial institution, while
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4 | | actually engaged in the performance of their duties, |
5 | | commuting between
their homes and places of employment, or |
6 | | traveling between sites or
properties owned or operated by |
7 | | such financial institution, and who, as a security guard, |
8 | | is a member of a security force registered with the |
9 | | Department; provided that
any person so employed has |
10 | | successfully completed a course of study,
approved by and |
11 | | supervised by the Department of Financial and Professional |
12 | | Regulation,
consisting of not less than 40 hours of |
13 | | training which includes theory of
law enforcement, |
14 | | liability for acts, and the handling of weapons.
A person |
15 | | shall be considered to be eligible for this exemption if he |
16 | | or
she has completed the required 20 hours of training for |
17 | | a security officer
and 20 hours of required firearm |
18 | | training, and has been issued a
firearm control card by the |
19 | | Department of Financial and Professional Regulation.
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20 | | Conditions for renewal of firearm control cards issued |
21 | | under the
provisions of this Section shall be the same as |
22 | | for those issued under the
provisions of the Private |
23 | | Detective, Private Alarm,
Private Security, Fingerprint |
24 | | Vendor, and Locksmith Act of 2004. The
Such firearm control |
25 | | card shall be carried by the security guard person so
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26 | | trained at all times when he or she such person is in |
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1 | | possession of a concealable
weapon permitted by his or her |
2 | | firearm control card . For purposes of this subsection, |
3 | | "financial institution" means a
bank, savings and loan |
4 | | association, credit union or company providing
armored car |
5 | | services.
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6 | | (9) Any person employed by an armored car company to |
7 | | drive an armored
car, while actually engaged in the |
8 | | performance of his duties.
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9 | | (10) Persons who have been classified as peace officers |
10 | | pursuant
to the Peace Officer Fire Investigation Act.
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11 | | (11) Investigators of the Office of the State's |
12 | | Attorneys Appellate
Prosecutor authorized by the board of |
13 | | governors of the Office of the
State's Attorneys Appellate |
14 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the |
15 | | State's Attorneys Appellate Prosecutor's Act.
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16 | | (12) Special investigators appointed by a State's |
17 | | Attorney under
Section 3-9005 of the Counties Code.
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18 | | (12.5) Probation officers while in the performance of |
19 | | their duties, or
while commuting between their homes, |
20 | | places of employment or specific locations
that are part of |
21 | | their assigned duties, with the consent of the chief judge |
22 | | of
the circuit for which they are employed, if they have |
23 | | received weapons training according
to requirements of the |
24 | | Peace Officer and Probation Officer Firearm Training Act.
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25 | | (13) Court Security Officers while in the performance |
26 | | of their official
duties, or while commuting between their |
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1 | | homes and places of employment, with
the
consent of the |
2 | | Sheriff.
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3 | | (13.5) A person employed as an armed security guard at |
4 | | a nuclear energy,
storage, weapons or development site or |
5 | | facility regulated by the Nuclear
Regulatory Commission |
6 | | who has completed the background screening and training
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7 | | mandated by the rules and regulations of the Nuclear |
8 | | Regulatory Commission.
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9 | | (14) Manufacture, transportation, or sale of weapons |
10 | | to
persons
authorized under subdivisions (1) through |
11 | | (13.5) of this
subsection
to
possess those weapons.
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12 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
13 | | to
or affect any person carrying a concealed pistol, revolver, |
14 | | or handgun and the person has been issued a currently valid |
15 | | license under the Firearm Concealed Carry Act at the time of |
16 | | the commission of the offense. |
17 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
18 | | 24-1.6 do not
apply to or affect
any of the following:
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19 | | (1) Members of any club or organization organized for |
20 | | the purpose of
practicing shooting at targets upon |
21 | | established target ranges, whether
public or private, and |
22 | | patrons of such ranges, while such members
or patrons are |
23 | | using their firearms on those target ranges.
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24 | | (2) Duly authorized military or civil organizations |
25 | | while parading,
with the special permission of the |
26 | | Governor.
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1 | | (3) Hunters, trappers or fishermen with a license or
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2 | | permit while engaged in hunting,
trapping or fishing.
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3 | | (4) Transportation of weapons that are broken down in a
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4 | | non-functioning state or are not immediately accessible.
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5 | | (5) Carrying or possessing any pistol, revolver, stun |
6 | | gun or taser or other firearm on the land or in the legal |
7 | | dwelling of another person as an invitee with that person's |
8 | | permission. |
9 | | (c) Subsection 24-1(a)(7) does not apply to or affect any |
10 | | of the
following:
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11 | | (1) Peace officers while in performance of their |
12 | | official duties.
|
13 | | (2) Wardens, superintendents and keepers of prisons, |
14 | | penitentiaries,
jails and other institutions for the |
15 | | detention of persons accused or
convicted of an offense.
|
16 | | (3) Members of the Armed Services or Reserve Forces of |
17 | | the United States
or the Illinois National Guard, while in |
18 | | the performance of their official
duty.
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19 | | (4) Manufacture, transportation, or sale of machine |
20 | | guns to persons
authorized under subdivisions (1) through |
21 | | (3) of this subsection to
possess machine guns, if the |
22 | | machine guns are broken down in a
non-functioning state or |
23 | | are not immediately accessible.
|
24 | | (5) Persons licensed under federal law to manufacture |
25 | | any weapon from
which 8 or more shots or bullets can be |
26 | | discharged by a
single function of the firing device, or |
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1 | | ammunition for such weapons, and
actually engaged in the |
2 | | business of manufacturing such weapons or
ammunition, but |
3 | | only with respect to activities which are within the lawful
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4 | | scope of such business, such as the manufacture, |
5 | | transportation, or testing
of such weapons or ammunition. |
6 | | This exemption does not authorize the
general private |
7 | | possession of any weapon from which 8 or more
shots or |
8 | | bullets can be discharged by a single function of the |
9 | | firing
device, but only such possession and activities as |
10 | | are within the lawful
scope of a licensed manufacturing |
11 | | business described in this paragraph.
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12 | | During transportation, such weapons shall be broken |
13 | | down in a
non-functioning state or not immediately |
14 | | accessible.
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15 | | (6) The manufacture, transport, testing, delivery, |
16 | | transfer or sale,
and all lawful commercial or experimental |
17 | | activities necessary thereto, of
rifles, shotguns, and |
18 | | weapons made from rifles or shotguns,
or ammunition for |
19 | | such rifles, shotguns or weapons, where engaged in
by a |
20 | | person operating as a contractor or subcontractor pursuant |
21 | | to a
contract or subcontract for the development and supply |
22 | | of such rifles,
shotguns, weapons or ammunition to the |
23 | | United States government or any
branch of the Armed Forces |
24 | | of the United States, when such activities are
necessary |
25 | | and incident to fulfilling the terms of such contract.
|
26 | | The exemption granted under this subdivision (c)(6)
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1 | | shall also apply to any authorized agent of any such |
2 | | contractor or
subcontractor who is operating within the |
3 | | scope of his employment, where
such activities involving |
4 | | such weapon, weapons or ammunition are necessary
and |
5 | | incident to fulfilling the terms of such contract.
|
6 | | (7) A person possessing a rifle with a barrel or |
7 | | barrels less than 16 inches in length if: (A) the person |
8 | | has been issued a Curios and Relics license from the U.S. |
9 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
10 | | the person is an active member of a bona fide, nationally |
11 | | recognized military re-enacting group and the modification |
12 | | is required and necessary to accurately portray the weapon |
13 | | for historical re-enactment purposes; the re-enactor is in |
14 | | possession of a valid and current re-enacting group |
15 | | membership credential; and the overall length of the weapon |
16 | | as modified is not less than 26 inches. |
17 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, |
18 | | possession
or carrying of a black-jack or slung-shot by a peace |
19 | | officer.
|
20 | | (e) Subsection 24-1(a)(8) does not apply to any owner, |
21 | | manager or
authorized employee of any place specified in that |
22 | | subsection nor to any
law enforcement officer.
|
23 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
24 | | Section 24-1.6
do not apply
to members of any club or |
25 | | organization organized for the purpose of practicing
shooting |
26 | | at targets upon established target ranges, whether public or |
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1 | | private,
while using their firearms on those target ranges.
|
2 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
3 | | to:
|
4 | | (1) Members of the Armed Services or Reserve Forces of |
5 | | the United
States or the Illinois National Guard, while in |
6 | | the performance of their
official duty.
|
7 | | (2) Bonafide collectors of antique or surplus military |
8 | | ordinance.
|
9 | | (3) Laboratories having a department of forensic |
10 | | ballistics, or
specializing in the development of |
11 | | ammunition or explosive ordinance.
|
12 | | (4) Commerce, preparation, assembly or possession of |
13 | | explosive
bullets by manufacturers of ammunition licensed |
14 | | by the federal government,
in connection with the supply of |
15 | | those organizations and persons exempted
by subdivision |
16 | | (g)(1) of this Section, or like organizations and persons
|
17 | | outside this State, or the transportation of explosive |
18 | | bullets to any
organization or person exempted in this |
19 | | Section by a common carrier or by a
vehicle owned or leased |
20 | | by an exempted manufacturer.
|
21 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
22 | | persons licensed
under federal law to manufacture any device or |
23 | | attachment of any kind designed,
used, or intended for use in |
24 | | silencing the report of any firearm, firearms, or
ammunition
|
25 | | for those firearms equipped with those devices, and actually |
26 | | engaged in the
business of manufacturing those devices, |
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1 | | firearms, or ammunition, but only with
respect to
activities |
2 | | that are within the lawful scope of that business, such as the
|
3 | | manufacture, transportation, or testing of those devices, |
4 | | firearms, or
ammunition. This
exemption does not authorize the |
5 | | general private possession of any device or
attachment of any |
6 | | kind designed, used, or intended for use in silencing the
|
7 | | report of any firearm, but only such possession and activities |
8 | | as are within
the
lawful scope of a licensed manufacturing |
9 | | business described in this subsection
(g-5). During |
10 | | transportation, these devices shall be detached from any weapon
|
11 | | or
not immediately accessible.
|
12 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
13 | | 24-1.6 do not apply to
or affect any parole agent or parole |
14 | | supervisor who meets the qualifications and conditions |
15 | | prescribed in Section 3-14-1.5 of the Unified Code of |
16 | | Corrections. |
17 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace |
18 | | officer while serving as a member of a tactical response team |
19 | | or special operations team. A peace officer may not personally |
20 | | own or apply for ownership of a device or attachment of any |
21 | | kind designed, used, or intended for use in silencing the |
22 | | report of any firearm. These devices shall be owned and |
23 | | maintained by lawfully recognized units of government whose |
24 | | duties include the investigation of criminal acts. |
25 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
26 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
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1 | | athlete's possession, transport on official Olympic and |
2 | | Paralympic transit systems established for athletes, or use of |
3 | | competition firearms sanctioned by the International Olympic |
4 | | Committee, the International Paralympic Committee, the |
5 | | International Shooting Sport Federation, or USA Shooting in |
6 | | connection with such athlete's training for and participation |
7 | | in shooting competitions at the 2016 Olympic and Paralympic |
8 | | Games and sanctioned test events leading up to the 2016 Olympic |
9 | | and Paralympic Games. |
10 | | (h) An information or indictment based upon a violation of |
11 | | any
subsection of this Article need not negative any exemptions |
12 | | contained in
this Article. The defendant shall have the burden |
13 | | of proving such an
exemption.
|
14 | | (i) Nothing in this Article shall prohibit, apply to, or |
15 | | affect
the transportation, carrying, or possession, of any |
16 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
17 | | to a common carrier operating
under license of the State of |
18 | | Illinois or the federal government, where
such transportation, |
19 | | carrying, or possession is incident to the lawful
|
20 | | transportation in which such common carrier is engaged; and |
21 | | nothing in this
Article shall prohibit, apply to, or affect the |
22 | | transportation, carrying,
or possession of any pistol, |
23 | | revolver, stun gun, taser, or other firearm,
not the subject of |
24 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
25 | | this Article, which is unloaded and enclosed in a case, firearm
|
26 | | carrying box, shipping box, or other container, by the |
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1 | | possessor of a valid
Firearm Owners Identification Card.
|
2 | | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; |
3 | | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; |
4 | | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15 .)
|
5 | | Section 99. Effective date. This Act takes effect upon |
6 | | becoming law.".
|