Illinois General Assembly - Full Text of HB0836
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Full Text of HB0836  102nd General Assembly

HB0836eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0836 EngrossedLRB102 11349 SPS 16682 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 Sections 5-10, 15-25, 20-20, 25-20, 35-40,
7and 35-45 as follows:
 
8    (225 ILCS 447/5-10)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 5-10. Definitions. As used in this Act:
11    "Address of record" means the designated address recorded
12by the Department in the applicant's application file or the
13licensee's license file, as maintained by the Department's
14licensure maintenance unit.
15    "Advertisement" means any public media, including printed
16or electronic material, that is published or displayed in a
17phone book, newspaper, magazine, pamphlet, newsletter,
18website, or other similar type of publication or electronic
19format that is intended to either attract business or merely
20provide contact information to the public for an agency or
21licensee. Advertisement shall not include a licensee's or an
22agency's letterhead, business cards, or other stationery used
23in routine business correspondence or customary name, address,

 

 

HB0836 Engrossed- 2 -LRB102 11349 SPS 16682 b

1and number type listings in a telephone directory.
2    "Alarm system" means any system, including an electronic
3access control system, a surveillance video system, a security
4video system, a burglar alarm system, a fire alarm system, or
5any other electronic system that activates an audible,
6visible, remote, or recorded signal that is designed for the
7protection or detection of intrusion, entry, theft, fire,
8vandalism, escape, or trespass, or other electronic systems
9designed for the protection of life by indicating the
10existence of an emergency situation. "Alarm system" also
11includes an emergency communication system and a mass
12notification system.
13    "Applicant" means a person or business applying for
14licensure, registration, or authorization under this Act. Any
15applicant or person who holds himself or herself out as an
16applicant is considered a licensee or registrant for the
17purposes of enforcement, investigation, hearings, and the
18Illinois Administrative Procedure Act.
19    "Armed employee" means a licensee or registered person who
20is employed by an agency licensed or an armed proprietary
21security force registered under this Act who carries a weapon
22while engaged in the performance of official duties within the
23course and scope of his or her employment during the hours and
24times the employee is scheduled to work or is commuting
25between his or her home or place of employment.
26    "Armed proprietary security force" means a security force

 

 

HB0836 Engrossed- 3 -LRB102 11349 SPS 16682 b

1made up of one or more armed individuals employed by a
2commercial or industrial operation or by a financial
3institution as security officers for the protection of persons
4or property.
5    "Board" means the Private Detective, Private Alarm,
6Private Security, Fingerprint Vendor, and Locksmith Board.
7    "Branch office" means a business location removed from the
8place of business for which an agency license has been issued,
9including, but not limited to, locations where active employee
10records that are required to be maintained under this Act are
11kept, where prospective new employees are processed, or where
12members of the public are invited in to transact business. A
13branch office does not include an office or other facility
14located on the property of an existing client that is utilized
15solely for the benefit of that client and is not owned or
16leased by the agency.
17    "Canine handler" means a person who uses or handles a
18trained dog to protect persons or property or to conduct
19investigations.
20    "Canine handler authorization card" means a card issued by
21the Department that authorizes the holder to use or handle a
22trained dog to protect persons or property or to conduct
23investigations during the performance of his or her duties as
24specified in this Act.
25    "Canine trainer" means a person who acts as a dog trainer
26for the purpose of training dogs to protect persons or

 

 

HB0836 Engrossed- 4 -LRB102 11349 SPS 16682 b

1property or to conduct investigations.
2    "Canine trainer authorization card" means a card issued by
3the Department that authorizes the holder to train a dog to
4protect persons or property or to conduct investigations
5during the performance of his or her duties as specified in
6this Act.
7    "Canine training facility" means a facility operated by a
8licensed private detective agency or private security
9contractor agency wherein dogs are trained for the purposes of
10protecting persons or property or to conduct investigations.
11    "Corporation" means an artificial person or legal entity
12created by or under the authority of the laws of a state,
13including without limitation a corporation, limited liability
14company, or any other legal entity.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Emergency communication system" means any system that
18communicates information about emergencies, including but not
19limited to fire, terrorist activities, shootings, other
20dangerous situations, accidents, and natural disasters.
21    "Employee" means a person who works for a person or agency
22that has the right to control the details of the work performed
23and is not dependent upon whether or not federal or state
24payroll taxes are withheld.
25    "Fingerprint vendor" means a person that offers,
26advertises, or provides services to fingerprint individuals,

 

 

HB0836 Engrossed- 5 -LRB102 11349 SPS 16682 b

1through electronic or other means, for the purpose of
2providing fingerprint images and associated demographic data
3to the Department of State Police for processing fingerprint
4based criminal history record information inquiries.
5    "Fingerprint vendor agency" means a person, firm,
6corporation, or other legal entity that engages in the
7fingerprint vendor business and employs, in addition to the
8fingerprint vendor licensee-in-charge, at least one other
9person in conducting that business.
10    "Fingerprint vendor licensee-in-charge" means a person who
11has been designated by a fingerprint vendor agency to be the
12licensee-in-charge of an agency who is a full-time management
13employee or owner who assumes sole responsibility for
14maintaining all records required by this Act and who assumes
15sole responsibility for assuring the licensed agency's
16compliance with its responsibilities as stated in this Act.
17The Department shall adopt rules mandating licensee-in-charge
18participation in agency affairs.
19    "Fire alarm system" means any system that is activated by
20an automatic or manual device in the detection of smoke, heat,
21or fire that activates an audible, visible, or remote signal
22requiring a response.
23    "Firearm control card" means a card issued by the
24Department that authorizes the holder, who has complied with
25the training and other requirements of this Act, to carry a
26weapon during the performance of his or her duties as

 

 

HB0836 Engrossed- 6 -LRB102 11349 SPS 16682 b

1specified in this Act.
2    "Firm" means an unincorporated business entity, including
3but not limited to proprietorships and partnerships.
4    "Licensee" means a person or business licensed under this
5Act. Anyone who holds himself or herself out as a licensee or
6who is accused of unlicensed practice is considered a licensee
7for purposes of enforcement, investigation, hearings, and the
8Illinois Administrative Procedure Act.
9    "Locksmith" means a person who engages in a business or
10holds himself out to the public as providing a service that
11includes, but is not limited to, the servicing, installing,
12originating first keys, re-coding, repairing, maintaining,
13manipulating, or bypassing of a mechanical or electronic
14locking device, access control or video surveillance system at
15premises, vehicles, safes, vaults, safe deposit boxes, or
16automatic teller machines.
17    "Locksmith agency" means a person, firm, corporation, or
18other legal entity that engages in the locksmith business and
19employs, in addition to the locksmith licensee-in-charge, at
20least one other person in conducting such business.
21    "Locksmith licensee-in-charge" means a person who has been
22designated by agency to be the licensee-in-charge of an
23agency, who is a full-time management employee or owner who
24assumes sole responsibility for maintaining all records
25required by this Act, and who assumes sole responsibility for
26assuring the licensed agency's compliance with its

 

 

HB0836 Engrossed- 7 -LRB102 11349 SPS 16682 b

1responsibilities as stated in this Act. The Department shall
2adopt rules mandating licensee-in-charge participation in
3agency affairs.
4    "Mass notification system" means any system that is used
5to provide information and instructions to people in a
6building or other space using voice communications, including
7visible signals, text, graphics, tactile, or other
8communication methods.
9    "Peace officer" or "police officer" means a person who, by
10virtue of office or public employment, is vested by law with a
11duty to maintain public order or to make arrests for offenses,
12whether that duty extends to all offenses or is limited to
13specific offenses. Officers, agents, or employees of the
14federal government commissioned by federal statute to make
15arrests for violations of federal laws are considered peace
16officers.
17    "Permanent employee registration card" means a card issued
18by the Department to an individual who has applied to the
19Department and meets the requirements for employment by a
20licensed agency under this Act.
21    "Person" means a natural person.
22    "Private alarm contractor" means a person who engages in a
23business that individually or through others undertakes,
24offers to undertake, purports to have the capacity to
25undertake, or submits a bid to sell, install, design, monitor,
26maintain, test, inspect, alter, repair, replace, or service

 

 

HB0836 Engrossed- 8 -LRB102 11349 SPS 16682 b

1alarm and other security-related systems or parts thereof,
2including fire alarm systems, at protected premises or
3premises to be protected or responds to alarm systems at a
4protected premises on an emergency basis and not as a
5full-time security officer. "Private alarm contractor" does
6not include a person, firm, or corporation that manufactures
7or sells alarm systems only from its place of business and does
8not sell, install, monitor, maintain, alter, repair, replace,
9service, or respond to alarm systems at protected premises or
10premises to be protected.
11    "Private alarm contractor agency" means a person,
12corporation, or other entity that engages in the private alarm
13contracting business and employs, in addition to the private
14alarm contractor-in-charge, at least one other person in
15conducting such business.
16    "Private alarm contractor licensee-in-charge" means a
17person who has been designated by an agency to be the
18licensee-in-charge of an agency, who is a full-time management
19employee or owner who assumes sole responsibility for
20maintaining all records required by this Act, and who assumes
21sole responsibility for assuring the licensed agency's
22compliance with its responsibilities as stated in this Act.
23The Department shall adopt rules mandating licensee-in-charge
24participation in agency affairs.
25    "Private detective" means any person who by any means,
26including, but not limited to, manual, canine odor detection,

 

 

HB0836 Engrossed- 9 -LRB102 11349 SPS 16682 b

1or electronic methods, engages in the business of, accepts
2employment to furnish, or agrees to make or makes
3investigations for a fee or other consideration to obtain
4information relating to:
5        (1) Crimes or wrongs done or threatened against the
6    United States, any state or territory of the United
7    States, or any local government of a state or territory.
8        (2) The identity, habits, conduct, business
9    occupation, honesty, integrity, credibility, knowledge,
10    trustworthiness, efficiency, loyalty, activity,
11    movements, whereabouts, affiliations, associations,
12    transactions, acts, reputation, or character of any
13    person, firm, or other entity by any means, manual or
14    electronic.
15        (3) The location, disposition, or recovery of lost or
16    stolen property.
17        (4) The cause, origin, or responsibility for fires,
18    accidents, or injuries to individuals or real or personal
19    property.
20        (5) The truth or falsity of any statement or
21    representation.
22        (6) Securing evidence to be used before any court,
23    board, or investigating body.
24        (7) The protection of individuals from bodily harm or
25    death (bodyguard functions).
26        (8) Service of process in criminal and civil

 

 

HB0836 Engrossed- 10 -LRB102 11349 SPS 16682 b

1    proceedings.
2    "Private detective agency" means a person, firm,
3corporation, or other legal entity that engages in the private
4detective business and employs, in addition to the
5licensee-in-charge, one or more persons in conducting such
6business.
7    "Private detective licensee-in-charge" means a person who
8has been designated by an agency to be the licensee-in-charge
9of an agency, who is a full-time management employee or owner
10who assumes sole responsibility for maintaining all records
11required by this Act, and who assumes sole responsibility for
12assuring the licensed agency's compliance with its
13responsibilities as stated in this Act. The Department shall
14adopt rules mandating licensee-in-charge participation in
15agency affairs.
16    "Private security contractor" means a person who engages
17in the business of providing a private security officer,
18watchman, patrol, guard dog, canine odor detection, or a
19similar service by any other title or name on a contractual
20basis for another person, firm, corporation, or other entity
21for a fee or other consideration and performing one or more of
22the following functions:
23        (1) The prevention or detection of intrusion, entry,
24    theft, vandalism, abuse, fire, or trespass on private or
25    governmental property.
26        (2) The prevention, observation, or detection of any

 

 

HB0836 Engrossed- 11 -LRB102 11349 SPS 16682 b

1    unauthorized activity on private or governmental property.
2        (3) The protection of persons authorized to be on the
3    premises of the person, firm, or other entity for which
4    the security contractor contractually provides security
5    services.
6        (4) The prevention of the misappropriation or
7    concealment of goods, money, bonds, stocks, notes,
8    documents, or papers.
9        (5) The control, regulation, or direction of the
10    movement of the public for the time specifically required
11    for the protection of property owned or controlled by the
12    client.
13        (6) The protection of individuals from bodily harm or
14    death (bodyguard functions).
15    "Private security contractor agency" means a person, firm,
16corporation, or other legal entity that engages in the private
17security contractor business and that employs, in addition to
18the licensee-in-charge, one or more persons in conducting such
19business.
20    "Private security contractor licensee-in-charge" means a
21person who has been designated by an agency to be the
22licensee-in-charge of an agency, who is a full-time management
23employee or owner who assumes sole responsibility for
24maintaining all records required by this Act, and who assumes
25sole responsibility for assuring the licensed agency's
26compliance with its responsibilities as stated in this Act.

 

 

HB0836 Engrossed- 12 -LRB102 11349 SPS 16682 b

1The Department shall adopt rules mandating licensee-in-charge
2participation in agency affairs.
3    "Public member" means a person who is not a licensee or
4related to a licensee, or who is not an employer or employee of
5a licensee. The term "related to" shall be determined by the
6rules of the Department.
7    "Secretary" means the Secretary of the Department of
8Financial and Professional Regulation.
9(Source: P.A. 98-253, eff. 8-9-13.)
 
10    (225 ILCS 447/15-25)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 15-25. Training; private detective and employees.
13    (a) Registered employees of a private detective agency
14shall complete, within 30 days of their employment, a minimum
15of 20 hours of basic training provided by a qualified
16instructor. The substance of the training shall be related to
17the work performed by the registered employee. The training
18may be classroom-based or online Internet-based but shall not
19be conducted as on-the-job training and shall include relevant
20information as to the identification of terrorists, acts of
21terrorism, and terrorist organizations, as defined by federal
22and State statutes.
23    (a-5) In addition to the basic training required in
24subsection (a), registered employees of a private detective
25agency shall complete an additional minimum of 8 hours of

 

 

HB0836 Engrossed- 13 -LRB102 11349 SPS 16682 b

1annual training for every calendar year, commencing with the
2calendar year beginning after the employee's hire date.
3    (a-10) Annual training for registered employees shall be
4based on subjects related to the work performed as determined
5by the employer and may be conducted in a classroom or seminar
6setting or via Internet-based online learning programs. Annual
7training may not be conducted as on-the-job training.
8    (b) It is the responsibility of the employer to certify,
9on a form provided by the Department, that the employee has
10successfully completed the basic and annual training. The
11original form or a copy shall be a permanent record of training
12completed by the employee and shall be placed in the
13employee's file with the employer for the period the employee
14remains with the employer. An agency may place a notarized
15copy of the Department form in lieu of the original into the
16permanent employee registration card file. The original form
17or a copy shall be given to the employee when his or her
18employment is terminated. Failure to return the original form
19or a copy to the employee is grounds for disciplinary action.
20The employee shall not be required to repeat the required
21training once the employee has been issued the form. An
22employer may provide or require additional training.
23    (c) (Blank). Any certification of completion of the
2420-hour basic training issued under the Private Detective,
25Private Alarm, Private Security, and Locksmith Act of 1993 or
26any prior Act shall be accepted as proof of training under this

 

 

HB0836 Engrossed- 14 -LRB102 11349 SPS 16682 b

1Act.
2    (d) All private detectives shall complete a minimum of 8
3hours of annual training on a topic of their choosing,
4provided that the subject matter is reasonably related to
5their private detective practice. The annual training for
6private detectives may be completed utilizing any combination
7of hours obtained in a classroom or seminar setting or via
8Internet-based online learning programs. The Department shall
9adopt rules to administer this subsection.
10    (e) The annual training requirements for private
11detectives shall not apply until the calendar year following
12the issuance of the private detective license.
13    (f) It shall be the responsibility of the private
14detective to keep and maintain a personal log of all training
15hours earned along with sufficient documentation for the
16Department to verify the annual training completed for at
17least 5 years. The personal training log and documentation
18shall be provided to the Department in the same manner as other
19documentation and records required under this Act.
20    (g) If the private detective owns or is employed by a
21private detective agency, the private detective agency shall
22maintain a record of the annual training. The private
23detective agency must make the record of annual training
24available to the Department upon request.
25    (h) Recognizing the diverse professional practices of
26private detectives licensed under this Act, it is the intent

 

 

HB0836 Engrossed- 15 -LRB102 11349 SPS 16682 b

1of the training requirements in this Section to allow for a
2broad interpretation of the coursework, seminar subjects, or
3class topics to be considered reasonably related to the
4practice of any profession licensed under this Act.
5    (i) Notwithstanding any other professional license a
6private detective holds under this Act, no more than 8 hours of
7annual training shall be required for any one year.
8(Source: P.A. 95-613, eff. 9-11-07.)
 
9    (225 ILCS 447/20-20)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 20-20. Training; private alarm contractor and
12employees.
13    (a) Registered employees of the private alarm contractor
14agency who carry a firearm and respond to alarm systems shall
15complete, within 30 days of their employment, a minimum of 20
16hours of classroom training provided by a qualified instructor
17and shall include all of the following subjects:
18        (1) The law regarding arrest and search and seizure as
19    it applies to the private alarm industry.
20        (2) Civil and criminal liability for acts related to
21    the private alarm industry.
22        (3) The use of force, including but not limited to the
23    use of nonlethal force (i.e., disabling spray, baton,
24    stungun, or similar weapon).
25        (4) Arrest and control techniques.

 

 

HB0836 Engrossed- 16 -LRB102 11349 SPS 16682 b

1        (5) The offenses under the Criminal Code of 2012 that
2    are directly related to the protection of persons and
3    property.
4        (6) The law on private alarm forces and on reporting
5    to law enforcement agencies.
6        (7) Fire prevention, fire equipment, and fire safety.
7        (8) Civil rights and public relations.
8        (9) The identification of terrorists, acts of
9    terrorism, and terrorist organizations, as defined by
10    federal and State statutes.
11    Pursuant to directives set forth by the U.S. Department of
12Homeland Security and the provisions set forth by the National
13Fire Protection Association in the National Fire Alarm Code
14and the Life Safety Code, training may include the
15installation, repair, and maintenance of emergency
16communication systems and mass notification systems.
17    (b) All other employees of a private alarm contractor
18agency shall complete a minimum of 20 hours of basic training
19provided by a qualified instructor within 30 days of their
20employment. The training may be provided in a classroom or
21seminar setting or via Internet-based online learning
22programs. The substance of the training shall be related to
23the work performed by the registered employee.
24    (c) It is the responsibility of the employer to certify,
25on forms provided by the Department, that the employee has
26successfully completed the training. The original form or a

 

 

HB0836 Engrossed- 17 -LRB102 11349 SPS 16682 b

1copy shall be a permanent record of training completed by the
2employee and shall be placed in the employee's file with the
3employer for the term the employee is retained by the
4employer. A private alarm contractor agency may place a
5notarized copy of the Department form in lieu of the original
6into the permanent employee registration card file. The
7original form or a copy shall be returned to the employee when
8his or her employment is terminated. Failure to return the
9original form or a copy to the employee is grounds for
10discipline. The employee shall not be required to complete the
11training required under this Act once the employee has been
12issued a form.
13    (d) Nothing in this Act prevents any employer from
14providing or requiring additional training beyond the required
1520 hours that the employer feels is necessary and appropriate
16for competent job performance.
17    (e) Any certification of completion of the 20-hour basic
18training issued under the Private Detective, Private Alarm,
19Private Security, and Locksmith Act of 1993 or any prior Act
20shall be accepted as proof of training under this Act.
21(Source: P.A. 96-847, eff. 6-1-10; 97-1150, eff. 1-25-13.)
 
22    (225 ILCS 447/25-20)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 25-20. Training; private security contractor and
25employees.

 

 

HB0836 Engrossed- 18 -LRB102 11349 SPS 16682 b

1    (a) Registered employees of the private security
2contractor agency who provide traditional guarding or other
3private security related functions or who respond to alarm
4systems shall complete, within 30 days of their employment, a
5minimum of 20 hours of classroom basic training, which may be
6provided in a classroom or seminar setting or via
7Internet-based online learning programs, and shall be provided
8by a qualified instructor, which shall include the following
9subjects:
10        (1) The law regarding arrest and search and seizure as
11    it applies to private security.
12        (2) Civil and criminal liability for acts related to
13    private security.
14        (3) The use of force, including but not limited to the
15    use of nonlethal force (i.e., disabling spray, baton,
16    stungun, taser, or similar weapon).
17        (4) Verbal communication skills Arrest and control
18    techniques.
19        (5) The offenses under the Criminal Code of 2012 that
20    are directly related to the protection of persons and
21    property.
22        (6) Private security officers and the criminal justice
23    system The law on private security forces and on reporting
24    to law enforcement agencies.
25        (7) Fire prevention, fire equipment, and fire safety.
26        (8) Report The procedures for report writing and

 

 

HB0836 Engrossed- 19 -LRB102 11349 SPS 16682 b

1    observation techniques.
2        (9) Customer service, civil Civil rights, and public
3    relations.
4        (10) The identification of terrorists, acts of
5    terrorism, and terrorist organizations, as defined by
6    federal and State statutes.
7    (b) All other employees of a private security contractor
8agency shall complete a minimum of 20 hours of basic training
9provided by the qualified instructor within 30 days of their
10employment. The training may be provided in a classroom or
11seminar setting or via Internet-based online learning
12programs. The substance of the training shall be related to
13the work performed by the registered employee.
14    (c) Registered employees of the private security
15contractor agency who provide guarding or other private
16security related functions, in addition to the basic classroom
17training required under subsection (a), within 6 months of
18their employment, shall complete an additional 8 hours of
19training on subjects to be determined by the employer, which
20training may be site-specific and may be conducted on the job.
21The training may be provided in a classroom or seminar setting
22or via Internet-based online learning programs.
23    (d) In addition to the basic training provided for in
24subsections (a) and (c), registered employees of the private
25security contractor agency who provide guarding or other
26private security related functions shall complete an

 

 

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1additional 8 hours of refresher training on subjects to be
2determined by the employer each calendar year commencing with
3the calendar year following the employee's first employment
4anniversary date, which refresher training may be
5site-specific and may be conducted on the job.
6    (e) It is the responsibility of the employer to certify,
7on a form provided by the Department, that the employee has
8successfully completed the basic and refresher training. The
9original form or a copy shall be a permanent record of training
10completed by the employee and shall be placed in the
11employee's file with the employer for the period the employee
12remains with the employer. An agency may place a notarized
13copy of the Department form in lieu of the original into the
14permanent employee registration card file. The original form
15or a copy shall be given to the employee when his or her
16employment is terminated. Failure to return the original form
17or a copy to the employee is grounds for disciplinary action.
18The employee shall not be required to repeat the required
19training once the employee has been issued the form. An
20employer may provide or require additional training.
21    (f) (Blank). Any certification of completion of the
2220-hour basic training issued under the Private Detective,
23Private Alarm, Private Security and Locksmith Act of 1993 or
24any prior Act shall be accepted as proof of training under this
25Act.
26    (g) All private security contractors shall complete a

 

 

HB0836 Engrossed- 21 -LRB102 11349 SPS 16682 b

1minimum of 4 hours of annual training on a topic of their
2choosing, provided that the subject matter of the training is
3reasonably related to their private security contractor
4practice. The training may be provided in a classroom setting
5or seminar setting or via Internet-based online learning
6programs. The Department shall adopt rules to administer this
7subsection.
8    (h) It shall be the responsibility of the private security
9contractor to keep and maintain a personal log of all training
10hours earned along with sufficient documentation necessary for
11the Department to verify the annual training completed for at
12least 5 years. The personal training log and documentation
13shall be provided to the Department in the same manner as other
14documentation and records required under this Act.
15    (i) If the private security contractor owns or is employed
16by a private security contractor agency, the private security
17contractor agency shall maintain a record of the annual
18training. The private security contractor agency must make the
19record of annual training available to the Department upon
20request.
21    (j) Recognizing the diverse professional practices of
22private security contractors licensed under this Act, it is
23the intent of the training requirements in this Section to
24allow for a broad interpretation of the coursework, seminar
25subjects, or class topics to be considered reasonably related
26to the practice of any profession licensed under this Act.

 

 

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1    (k) Notwithstanding any other professional license a
2private security contractor holds under this Act, no more than
34 hours of annual training shall be required for any one year.
4    (l) The annual training requirements for private security
5contractors shall not apply until the calendar year following
6the issuance of the private security contractor license.
7(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13;
898-756, eff. 7-16-14.)
 
9    (225 ILCS 447/35-40)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 35-40. Firearm control; training requirements.
12    (a) The Department shall, pursuant to rule, approve or
13disapprove training programs for the firearm training course,
14which shall be taught by a qualified instructor.
15Qualifications for instructors shall be set by rule. The
16firearm training course shall be conducted by entities, by a
17licensee, or by an agency licensed by this Act, provided the
18course is approved by the Department. The firearm course shall
19consist of the following minimum requirements:
20        (1) 48 40 hours of training as follows: ,
21            (A) 20 hours consisting of training which shall be
22        as described in Sections 15-20, 20-20, or 25-20, as
23        applicable; , and 20 hours of which shall include all
24        of the following:
25            (B) 8 hours consisting of practice firing on a

 

 

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1        range with live ammunition, including, but not limited
2        to, firing a minimum of 50 rounds of live ammunition
3        (factory loaded service ammunition or factory reloaded
4        ammunition) and attaining a minimum score of 70%
5        accuracy with each type of weapon the person is
6        authorized by the Department to carry and for which
7        the person has been trained; and
8            (C) 20 hours consisting of instruction in: (A)
9        Instruction in
10                (i) the dangers of and misuse of firearms,
11            their storage, safety rules, and care and cleaning
12            of firearms;
13                (ii) defensive tactics for in-holster weapon
14            retention;
15                (iii) . (B) Practice firing on a range with
16            live ammunition. (C) Instruction in the legal use
17            of firearms;
18                (iv) . (D) A presentation of the ethical and
19            moral considerations necessary for any person who
20            possesses a firearm;
21                (v) . (E) A review of the laws regarding
22            arrest, search, and seizure; and
23                (vi) liability . (F) Liability for acts that
24            may be performed in the course of employment.
25        (2) An examination shall be given at the completion of
26    the course. The examination shall consist of a firearms

 

 

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1    qualification course and a written examination. Successful
2    completion shall be determined by the Department.
3    (b) The firearm training requirement may be waived for a
4licensee or employee who has completed training provided by
5the Illinois Law Enforcement Training Standards Board or the
6equivalent public body of another state or is a qualified
7retired law enforcement officer as defined in the federal Law
8Enforcement Officers Safety Act of 2004 and is in compliance
9with all of the requirements of that Act, provided
10documentation showing requalification with the weapon on the
11firing range is submitted to the Department.
12    (c) In addition to the training provided for in subsection
13(a), a licensee or employee in possession of a valid firearm
14control card shall complete an additional 8 hours of refresher
15training each calendar year commencing with the calendar year
16following one year after the date of the issuance of the
17firearm control card. The 8 hours of training shall consist of
18practice firing on a range with live ammunition, including,
19but not limited to, firing a minimum of 50 rounds of live
20ammunition (factory loaded service ammunition or factory
21reloaded ammunition) and attaining a minimum score of 70%
22accuracy with each type of weapon the person is authorized by
23the Department to carry and for which the person has been
24trained.
25(Source: P.A. 98-253, eff. 8-9-13.)
 

 

 

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1    (225 ILCS 447/35-45)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 35-45. Armed proprietary security force.
4    (a) All financial institutions or commercial or industrial
5operations that employ one or more armed employees and all
6commercial or industrial operations that employ 5 or more
7persons as armed employees shall register their security
8forces with the Department on forms provided by the
9Department. Registration subjects the security force to all of
10the requirements of Section 35-40. For the purposes of this
11Section, "financial institution" includes a bank, savings and
12loan association, credit union, currency exchange, or company
13providing armored car services.
14    (a-1) Commercial or industrial operations that employ less
15than 5 persons as armed employees may register their security
16forces with the Department on forms provided by the
17Department. Registration subjects the security force to all of
18the requirements of this Section.
19    (b) All armed employees of the registered proprietary
20security force must complete a 20-hour basic training course
21and all the 20-hour firearm training requirements of Section
2235-40.
23    (c) Every proprietary security force is required to apply
24to the Department, on forms supplied by the Department, for a
25firearm control card for each armed employee. Each armed
26employee shall have his or her fingerprints submitted to the

 

 

HB0836 Engrossed- 26 -LRB102 11349 SPS 16682 b

1Department of State Police in an electronic format that
2complies with the form and manner for requesting and
3furnishing criminal history record information as prescribed
4by the Department of State Police. These fingerprints shall be
5checked against the Department of State Police and Federal
6Bureau of Investigation criminal history record databases. The
7Department of State Police shall charge the armed employee a
8fee for conducting the criminal history records check, which
9shall be deposited in the State Police Services Fund and shall
10not exceed the actual cost of the records check. The
11Department of State Police shall furnish, pursuant to positive
12identification, records of Illinois convictions to the
13Department. The Department may require armed employees to pay
14a separate fingerprinting fee, either to the Department or
15directly to the vendor. The Department, in its discretion, may
16allow an armed employee who does not have reasonable access to
17a designated vendor to provide his or her fingerprints in an
18alternative manner. The Department, in its discretion, may
19also use other procedures in performing or obtaining criminal
20background checks of armed employees. Instead of submitting
21his or her fingerprints, an individual may submit proof that
22is satisfactory to the Department that an equivalent security
23clearance has been conducted. Also, an individual who has
24retired as a peace officer within 12 months before application
25may submit verification, on forms provided by the Department
26and signed by his or her employer, of his or her previous

 

 

HB0836 Engrossed- 27 -LRB102 11349 SPS 16682 b

1full-time employment as a peace officer.
2    (d) The Department may provide rules for the
3administration of this Section.
4(Source: P.A. 98-253, eff. 8-9-13.)
 
5    Section 10. The Criminal Code of 2012 is amended by
6changing Section 24-2 as follows:
 
7    (720 ILCS 5/24-2)
8    Sec. 24-2. Exemptions.
9    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
11the following:
12        (1) Peace officers, and any person summoned by a peace
13    officer to assist in making arrests or preserving the
14    peace, while actually engaged in assisting such officer.
15        (2) Wardens, superintendents and keepers of prisons,
16    penitentiaries, jails and other institutions for the
17    detention of persons accused or convicted of an offense,
18    while in the performance of their official duty, or while
19    commuting between their homes and places of employment.
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard or the
22    Reserve Officers Training Corps, while in the performance
23    of their official duty.
24        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance
3    of the duties of their employment or commuting between
4    their homes and places of employment; and watchmen while
5    actually engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by a private security contractor, private
10    detective, or private alarm contractor agency licensed by
11    the Department of Financial and Professional Regulation,
12    if their duties include the carrying of a weapon under the
13    provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004, while actually engaged in the performance of the
16    duties of their employment or commuting between their
17    homes and places of employment. A person shall be
18    considered eligible for this exemption if he or she has
19    completed the required 20 hours of training for a private
20    security contractor, private detective, or private alarm
21    contractor, or employee of a licensed private security
22    contractor, private detective, or private alarm contractor
23    agency and 28 20 hours of required firearm training, and
24    has been issued a firearm control card by the Department
25    of Financial and Professional Regulation. Conditions for
26    the renewal of firearm control cards issued under the

 

 

HB0836 Engrossed- 29 -LRB102 11349 SPS 16682 b

1    provisions of this Section shall be the same as for those
2    cards issued under the provisions of the Private
3    Detective, Private Alarm, Private Security, Fingerprint
4    Vendor, and Locksmith Act of 2004. The firearm control
5    card shall be carried by the private security contractor,
6    private detective, or private alarm contractor, or
7    employee of the licensed private security contractor,
8    private detective, or private alarm contractor agency at
9    all times when he or she is in possession of a concealable
10    weapon permitted by his or her firearm control card.
11        (6) Any person regularly employed in a commercial or
12    industrial operation as a security guard for the
13    protection of persons employed and private property
14    related to such commercial or industrial operation, while
15    actually engaged in the performance of his or her duty or
16    traveling between sites or properties belonging to the
17    employer, and who, as a security guard, is a member of a
18    security force registered with the Department of Financial
19    and Professional Regulation; provided that such security
20    guard has successfully completed a course of study,
21    approved by and supervised by the Department of Financial
22    and Professional Regulation, consisting of not less than
23    48 40 hours of training that includes the theory of law
24    enforcement, liability for acts, and the handling of
25    weapons. A person shall be considered eligible for this
26    exemption if he or she has completed the required 20 hours

 

 

HB0836 Engrossed- 30 -LRB102 11349 SPS 16682 b

1    of training for a security officer and 28 20 hours of
2    required firearm training, and has been issued a firearm
3    control card by the Department of Financial and
4    Professional Regulation. Conditions for the renewal of
5    firearm control cards issued under the provisions of this
6    Section shall be the same as for those cards issued under
7    the provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004. The firearm control card shall be carried by the
10    security guard at all times when he or she is in possession
11    of a concealable weapon permitted by his or her firearm
12    control card.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution as a
19    security guard for the protection of other employees and
20    property related to such financial institution, while
21    actually engaged in the performance of their duties,
22    commuting between their homes and places of employment, or
23    traveling between sites or properties owned or operated by
24    such financial institution, and who, as a security guard,
25    is a member of a security force registered with the
26    Department; provided that any person so employed has

 

 

HB0836 Engrossed- 31 -LRB102 11349 SPS 16682 b

1    successfully completed a course of study, approved by and
2    supervised by the Department of Financial and Professional
3    Regulation, consisting of not less than 48 40 hours of
4    training which includes theory of law enforcement,
5    liability for acts, and the handling of weapons. A person
6    shall be considered to be eligible for this exemption if
7    he or she has completed the required 20 hours of training
8    for a security officer and 28 20 hours of required firearm
9    training, and has been issued a firearm control card by
10    the Department of Financial and Professional Regulation.
11    Conditions for renewal of firearm control cards issued
12    under the provisions of this Section shall be the same as
13    for those issued under the provisions of the Private
14    Detective, Private Alarm, Private Security, Fingerprint
15    Vendor, and Locksmith Act of 2004. The firearm control
16    card shall be carried by the security guard at all times
17    when he or she is in possession of a concealable weapon
18    permitted by his or her firearm control card. For purposes
19    of this subsection, "financial institution" means a bank,
20    savings and loan association, credit union or company
21    providing armored car services.
22        (9) Any person employed by an armored car company to
23    drive an armored car, while actually engaged in the
24    performance of his duties.
25        (10) Persons who have been classified as peace
26    officers pursuant to the Peace Officer Fire Investigation

 

 

HB0836 Engrossed- 32 -LRB102 11349 SPS 16682 b

1    Act.
2        (11) Investigators of the Office of the State's
3    Attorneys Appellate Prosecutor authorized by the board of
4    governors of the Office of the State's Attorneys Appellate
5    Prosecutor to carry weapons pursuant to Section 7.06 of
6    the State's Attorneys Appellate Prosecutor's Act.
7        (12) Special investigators appointed by a State's
8    Attorney under Section 3-9005 of the Counties Code.
9        (12.5) Probation officers while in the performance of
10    their duties, or while commuting between their homes,
11    places of employment or specific locations that are part
12    of their assigned duties, with the consent of the chief
13    judge of the circuit for which they are employed, if they
14    have received weapons training according to requirements
15    of the Peace Officer and Probation Officer Firearm
16    Training Act.
17        (13) Court Security Officers while in the performance
18    of their official duties, or while commuting between their
19    homes and places of employment, with the consent of the
20    Sheriff.
21        (13.5) A person employed as an armed security guard at
22    a nuclear energy, storage, weapons or development site or
23    facility regulated by the Nuclear Regulatory Commission
24    who has completed the background screening and training
25    mandated by the rules and regulations of the Nuclear
26    Regulatory Commission.

 

 

HB0836 Engrossed- 33 -LRB102 11349 SPS 16682 b

1        (14) Manufacture, transportation, or sale of weapons
2    to persons authorized under subdivisions (1) through
3    (13.5) of this subsection to possess those weapons.
4    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect any person carrying a concealed pistol, revolver,
6or handgun and the person has been issued a currently valid
7license under the Firearm Concealed Carry Act at the time of
8the commission of the offense.
9     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect a qualified current or retired law enforcement
11officer qualified under the laws of this State or under the
12federal Law Enforcement Officers Safety Act.
13    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any of the following:
15        (1) Members of any club or organization organized for
16    the purpose of practicing shooting at targets upon
17    established target ranges, whether public or private, and
18    patrons of such ranges, while such members or patrons are
19    using their firearms on those target ranges.
20        (2) Duly authorized military or civil organizations
21    while parading, with the special permission of the
22    Governor.
23        (3) Hunters, trappers or fishermen with a license or
24    permit while engaged in hunting, trapping or fishing.
25        (4) Transportation of weapons that are broken down in
26    a non-functioning state or are not immediately accessible.

 

 

HB0836 Engrossed- 34 -LRB102 11349 SPS 16682 b

1        (5) Carrying or possessing any pistol, revolver, stun
2    gun or taser or other firearm on the land or in the legal
3    dwelling of another person as an invitee with that
4    person's permission.
5    (c) Subsection 24-1(a)(7) does not apply to or affect any
6of the following:
7        (1) Peace officers while in performance of their
8    official duties.
9        (2) Wardens, superintendents and keepers of prisons,
10    penitentiaries, jails and other institutions for the
11    detention of persons accused or convicted of an offense.
12        (3) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard, while in
14    the performance of their official duty.
15        (4) Manufacture, transportation, or sale of machine
16    guns to persons authorized under subdivisions (1) through
17    (3) of this subsection to possess machine guns, if the
18    machine guns are broken down in a non-functioning state or
19    are not immediately accessible.
20        (5) Persons licensed under federal law to manufacture
21    any weapon from which 8 or more shots or bullets can be
22    discharged by a single function of the firing device, or
23    ammunition for such weapons, and actually engaged in the
24    business of manufacturing such weapons or ammunition, but
25    only with respect to activities which are within the
26    lawful scope of such business, such as the manufacture,

 

 

HB0836 Engrossed- 35 -LRB102 11349 SPS 16682 b

1    transportation, or testing of such weapons or ammunition.
2    This exemption does not authorize the general private
3    possession of any weapon from which 8 or more shots or
4    bullets can be discharged by a single function of the
5    firing device, but only such possession and activities as
6    are within the lawful scope of a licensed manufacturing
7    business described in this paragraph.
8        During transportation, such weapons shall be broken
9    down in a non-functioning state or not immediately
10    accessible.
11        (6) The manufacture, transport, testing, delivery,
12    transfer or sale, and all lawful commercial or
13    experimental activities necessary thereto, of rifles,
14    shotguns, and weapons made from rifles or shotguns, or
15    ammunition for such rifles, shotguns or weapons, where
16    engaged in by a person operating as a contractor or
17    subcontractor pursuant to a contract or subcontract for
18    the development and supply of such rifles, shotguns,
19    weapons or ammunition to the United States government or
20    any branch of the Armed Forces of the United States, when
21    such activities are necessary and incident to fulfilling
22    the terms of such contract.
23        The exemption granted under this subdivision (c)(6)
24    shall also apply to any authorized agent of any such
25    contractor or subcontractor who is operating within the
26    scope of his employment, where such activities involving

 

 

HB0836 Engrossed- 36 -LRB102 11349 SPS 16682 b

1    such weapon, weapons or ammunition are necessary and
2    incident to fulfilling the terms of such contract.
3        (7) A person possessing a rifle with a barrel or
4    barrels less than 16 inches in length if: (A) the person
5    has been issued a Curios and Relics license from the U.S.
6    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
7    (B) the person is an active member of a bona fide,
8    nationally recognized military re-enacting group and the
9    modification is required and necessary to accurately
10    portray the weapon for historical re-enactment purposes;
11    the re-enactor is in possession of a valid and current
12    re-enacting group membership credential; and the overall
13    length of the weapon as modified is not less than 26
14    inches.
15    (d) Subsection 24-1(a)(1) does not apply to the purchase,
16possession or carrying of a black-jack or slung-shot by a
17peace officer.
18    (e) Subsection 24-1(a)(8) does not apply to any owner,
19manager or authorized employee of any place specified in that
20subsection nor to any law enforcement officer.
21    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
22Section 24-1.6 do not apply to members of any club or
23organization organized for the purpose of practicing shooting
24at targets upon established target ranges, whether public or
25private, while using their firearms on those target ranges.
26    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

 

 

HB0836 Engrossed- 37 -LRB102 11349 SPS 16682 b

1to:
2        (1) Members of the Armed Services or Reserve Forces of
3    the United States or the Illinois National Guard, while in
4    the performance of their official duty.
5        (2) Bonafide collectors of antique or surplus military
6    ordnance.
7        (3) Laboratories having a department of forensic
8    ballistics, or specializing in the development of
9    ammunition or explosive ordnance.
10        (4) Commerce, preparation, assembly or possession of
11    explosive bullets by manufacturers of ammunition licensed
12    by the federal government, in connection with the supply
13    of those organizations and persons exempted by subdivision
14    (g)(1) of this Section, or like organizations and persons
15    outside this State, or the transportation of explosive
16    bullets to any organization or person exempted in this
17    Section by a common carrier or by a vehicle owned or leased
18    by an exempted manufacturer.
19    (g-5) Subsection 24-1(a)(6) does not apply to or affect
20persons licensed under federal law to manufacture any device
21or attachment of any kind designed, used, or intended for use
22in silencing the report of any firearm, firearms, or
23ammunition for those firearms equipped with those devices, and
24actually engaged in the business of manufacturing those
25devices, firearms, or ammunition, but only with respect to
26activities that are within the lawful scope of that business,

 

 

HB0836 Engrossed- 38 -LRB102 11349 SPS 16682 b

1such as the manufacture, transportation, or testing of those
2devices, firearms, or ammunition. This exemption does not
3authorize the general private possession of any device or
4attachment of any kind designed, used, or intended for use in
5silencing the report of any firearm, but only such possession
6and activities as are within the lawful scope of a licensed
7manufacturing business described in this subsection (g-5).
8During transportation, these devices shall be detached from
9any weapon or not immediately accessible.
10    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any parole agent or parole
12supervisor who meets the qualifications and conditions
13prescribed in Section 3-14-1.5 of the Unified Code of
14Corrections.
15    (g-7) Subsection 24-1(a)(6) does not apply to a peace
16officer while serving as a member of a tactical response team
17or special operations team. A peace officer may not personally
18own or apply for ownership of a device or attachment of any
19kind designed, used, or intended for use in silencing the
20report of any firearm. These devices shall be owned and
21maintained by lawfully recognized units of government whose
22duties include the investigation of criminal acts.
23    (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and
2424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
25athlete's possession, transport on official Olympic and
26Paralympic transit systems established for athletes, or use of

 

 

HB0836 Engrossed- 39 -LRB102 11349 SPS 16682 b

1competition firearms sanctioned by the International Olympic
2Committee, the International Paralympic Committee, the
3International Shooting Sport Federation, or USA Shooting in
4connection with such athlete's training for and participation
5in shooting competitions at the 2016 Olympic and Paralympic
6Games and sanctioned test events leading up to the 2016
7Olympic and Paralympic Games.
8    (h) An information or indictment based upon a violation of
9any subsection of this Article need not negative any
10exemptions contained in this Article. The defendant shall have
11the burden of proving such an exemption.
12    (i) Nothing in this Article shall prohibit, apply to, or
13affect the transportation, carrying, or possession, of any
14pistol or revolver, stun gun, taser, or other firearm
15consigned to a common carrier operating under license of the
16State of Illinois or the federal government, where such
17transportation, carrying, or possession is incident to the
18lawful transportation in which such common carrier is engaged;
19and nothing in this Article shall prohibit, apply to, or
20affect the transportation, carrying, or possession of any
21pistol, revolver, stun gun, taser, or other firearm, not the
22subject of and regulated by subsection 24-1(a)(7) or
23subsection 24-2(c) of this Article, which is unloaded and
24enclosed in a case, firearm carrying box, shipping box, or
25other container, by the possessor of a valid Firearm Owners
26Identification Card.

 

 

HB0836 Engrossed- 40 -LRB102 11349 SPS 16682 b

1(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)