Full Text of HB5690 96th General Assembly
HB5690 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5690
Introduced 2/9/2010, by Rep. Ron Stephens SYNOPSIS AS INTRODUCED: |
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225 ILCS 447/5-20 new |
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720 ILCS 5/24-1 |
from Ch. 38, par. 24-1 |
805 ILCS 110/52 new |
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Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004, the Criminal Code of 1961, and the Religious Corporation Act. Provides that a religious corporation may enter into a contract with an individual for the individual's performance of security guard functions. Provides that such an individual must be at least 21 years of age, must be the holder of a valid Firearm Owner's Identification Card, and must have completed a minimum of 20 hours of classroom training in relation to the performance of security guard functions. Provides for civil immunity for a religious corporation security guard. Provides that the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 does not apply to a religious corporation security guard engaged in performing his or her duties. Provides that certain provisions of the Criminal Code of 1961 concerning unlawful use of weapons do not apply to a religious corporation security guard engaged in performing his or her duties.
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A BILL FOR
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HB5690 |
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LRB096 15556 DRJ 35115 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 |
| amended by adding Section 5-20 as follows: | 7 |
| (225 ILCS 447/5-20 new) | 8 |
| Sec. 5-20. No application to religious corporation | 9 |
| security guard. This Act does not apply to a religious | 10 |
| corporation security guard as defined in Section 52 of the | 11 |
| Religious Corporation Act engaged in performing his or her | 12 |
| duties. | 13 |
| Section 10. The Criminal Code of 1961 is amended by | 14 |
| changing Section 24-1 as follows:
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| (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| Sec. 24-1. Unlawful Use of Weapons.
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| (a) A person commits the offense of unlawful use of weapons | 18 |
| when
he knowingly:
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| (1) Sells, manufactures, purchases, possesses or | 20 |
| carries any bludgeon,
black-jack, slung-shot, sand-club, | 21 |
| sand-bag, metal knuckles or other knuckle weapon |
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| regardless of its composition, throwing star,
or any knife, | 2 |
| commonly referred to as a switchblade knife, which has a
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| blade that opens automatically by hand pressure applied to | 4 |
| a button,
spring or other device in the handle of the | 5 |
| knife, or a ballistic knife,
which is a device that propels | 6 |
| a knifelike blade as a projectile by means
of a coil | 7 |
| spring, elastic material or compressed gas; or
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| (2) Carries or possesses with intent to use the same | 9 |
| unlawfully
against another, a dagger, dirk, billy, | 10 |
| dangerous knife, razor,
stiletto, broken bottle or other | 11 |
| piece of glass, stun gun or taser or
any other dangerous or | 12 |
| deadly weapon or instrument of like character; or
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| (3) Carries on or about his person or in any vehicle, a | 14 |
| tear gas gun
projector or bomb or any object containing | 15 |
| noxious liquid gas or
substance, other than an object | 16 |
| containing a non-lethal noxious liquid gas
or substance | 17 |
| designed solely for personal defense carried by a person 18
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| years of age or older; or
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| (4) Carries or possesses in any vehicle or concealed on | 20 |
| or about his
person except when on his land or in his own | 21 |
| abode, legal dwelling, or fixed place of
business, or on | 22 |
| the land or in the legal dwelling of another person as an | 23 |
| invitee with that person's permission, any pistol, | 24 |
| revolver, stun gun or taser or other firearm, except
that
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| this subsection (a) (4) does not apply to a religious | 26 |
| corporation security guard as defined in Section 52 of the |
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| Religious Corporation Act engaged in performing his or her | 2 |
| duties, nor does it apply to or affect transportation of | 3 |
| weapons
that meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 7 |
| carrying box,
shipping box, or other container by a | 8 |
| person who has been issued a currently
valid Firearm | 9 |
| Owner's
Identification Card; or
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| (5) Sets a spring gun; or
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| (6) Possesses any device or attachment of any kind | 12 |
| designed, used or
intended for use in silencing the report | 13 |
| of any firearm; or
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| (7) Sells, manufactures, purchases, possesses or | 15 |
| carries:
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| (i) a machine gun, which shall be defined for the | 17 |
| purposes of this
subsection as any weapon,
which | 18 |
| shoots, is designed to shoot, or can be readily | 19 |
| restored to shoot,
automatically more than one shot | 20 |
| without manually reloading by a single
function of the | 21 |
| trigger, including the frame or receiver
of any such | 22 |
| weapon, or sells, manufactures, purchases, possesses, | 23 |
| or
carries any combination of parts designed or | 24 |
| intended for
use in converting any weapon into a | 25 |
| machine gun, or any combination or
parts from which a | 26 |
| machine gun can be assembled if such parts are in the
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| possession or under the control of a person;
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| (ii) any rifle having one or
more barrels less than | 3 |
| 16 inches in length or a shotgun having one or more
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| barrels less than 18 inches in length or any weapon | 5 |
| made from a rifle or
shotgun, whether by alteration, | 6 |
| modification, or otherwise, if such a weapon
as | 7 |
| modified has an overall length of less than 26 inches; | 8 |
| or
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| (iii) any
bomb, bomb-shell, grenade, bottle or | 10 |
| other container containing an
explosive substance of | 11 |
| over one-quarter ounce for like purposes, such
as, but | 12 |
| not limited to, black powder bombs and Molotov | 13 |
| cocktails or
artillery projectiles; or
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| (8) Carries or possesses any firearm, stun gun or taser | 15 |
| or other
deadly weapon in any place which is licensed to | 16 |
| sell intoxicating
beverages, or at any public gathering | 17 |
| held pursuant to a license issued
by any governmental body | 18 |
| or any public gathering at which an admission
is charged, | 19 |
| excluding a place where a showing, demonstration or lecture
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| involving the exhibition of unloaded firearms is | 21 |
| conducted.
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| This subsection (a)(8) does not apply to any auction or | 23 |
| raffle of a firearm
held pursuant to
a license or permit | 24 |
| issued by a governmental body, nor does it apply to persons
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| engaged
in firearm safety training courses; or
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| (9) Carries or possesses in a vehicle or on or about |
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| his person any
pistol, revolver, stun gun or taser or | 2 |
| firearm or ballistic knife, when
he is hooded, robed or | 3 |
| masked in such manner as to conceal his identity; or
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| (10) Carries or possesses on or about his person, upon | 5 |
| any public street,
alley, or other public lands within the | 6 |
| corporate limits of a city, village
or incorporated town, | 7 |
| except when an invitee thereon or therein, for the
purpose | 8 |
| of the display of such weapon or the lawful commerce in | 9 |
| weapons, or
except when on his land or in his own abode, | 10 |
| legal dwelling, or fixed place of business, or on the land | 11 |
| or in the legal dwelling of another person as an invitee | 12 |
| with that person's permission, any
pistol, revolver, stun | 13 |
| gun or taser or other firearm, except that this
subsection | 14 |
| (a) (10) does not apply to or affect transportation of | 15 |
| weapons that
meet one of the following conditions:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 19 |
| carrying box,
shipping box, or other container by a | 20 |
| person who has been issued a currently
valid Firearm | 21 |
| Owner's
Identification Card.
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| A "stun gun or taser", as used in this paragraph (a) | 23 |
| means (i) any device
which is powered by electrical | 24 |
| charging units, such as, batteries, and
which fires one or | 25 |
| several barbs attached to a length of wire and
which, upon | 26 |
| hitting a human, can send out a current capable of |
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| disrupting
the person's nervous system in such a manner as | 2 |
| to render him incapable of
normal functioning or (ii) any | 3 |
| device which is powered by electrical
charging units, such | 4 |
| as batteries, and which, upon contact with a human or
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| clothing worn by a human, can send out current capable of | 6 |
| disrupting
the person's nervous system in such a manner as | 7 |
| to render him incapable
of normal functioning; or
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| (11) Sells, manufactures or purchases any explosive | 9 |
| bullet. For purposes
of this paragraph (a) "explosive | 10 |
| bullet" means the projectile portion of
an ammunition | 11 |
| cartridge which contains or carries an explosive charge | 12 |
| which
will explode upon contact with the flesh of a human | 13 |
| or an animal.
"Cartridge" means a tubular metal case having | 14 |
| a projectile affixed at the
front thereof and a cap or | 15 |
| primer at the rear end thereof, with the
propellant | 16 |
| contained in such tube between the projectile and the cap; | 17 |
| or
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| (12) (Blank); or
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| (13) Carries or possesses on or about his or her person | 20 |
| while in a building occupied by a unit of government, a | 21 |
| billy club, other weapon of like character, or other | 22 |
| instrument of like character intended for use as a weapon. | 23 |
| For the purposes of this Section, "billy club" means a | 24 |
| short stick or club commonly carried by police officers | 25 |
| which is either telescopic or constructed of a solid piece | 26 |
| of wood or other man-made material. |
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| (b) Sentence. A person convicted of a violation of | 2 |
| subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
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| subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 4 |
| Class A
misdemeanor.
A person convicted of a violation of | 5 |
| subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 6 |
| person
convicted of a violation of subsection 24-1(a)(6) or | 7 |
| 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 8 |
| convicted of a violation of subsection
24-1(a)(7)(i) commits a | 9 |
| Class 2 felony and shall be sentenced to a term of imprisonment | 10 |
| of not less than 3 years and not more than 7 years, unless the | 11 |
| weapon is possessed in the
passenger compartment of a motor | 12 |
| vehicle as defined in Section 1-146 of the
Illinois Vehicle | 13 |
| Code, or on the person, while the weapon is loaded, in which
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| case it shall be a Class X felony. A person convicted of a
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| second or subsequent violation of subsection 24-1(a)(4), | 16 |
| 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 17 |
| felony. The possession of each weapon in violation of this | 18 |
| Section constitutes a single and separate violation.
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| (c) Violations in specific places.
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| (1) A person who violates subsection 24-1(a)(6) or | 21 |
| 24-1(a)(7) in any
school, regardless of the time of day or | 22 |
| the time of year, in residential
property owned, operated | 23 |
| or managed by a public housing agency or
leased by
a public | 24 |
| housing agency as part of a scattered site or mixed-income
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| development, in a
public park, in a courthouse, on the real | 26 |
| property comprising any school,
regardless of the
time of |
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| day or the time of year, on residential property owned, | 2 |
| operated
or
managed by a public housing agency
or leased by | 3 |
| a public housing agency as part of a scattered site or
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| mixed-income development,
on the real property comprising | 5 |
| any
public park, on the real property comprising any | 6 |
| courthouse, in any conveyance
owned, leased or contracted | 7 |
| by a school to
transport students to or from school or a | 8 |
| school related activity, in any conveyance
owned, leased, | 9 |
| or contracted by a public transportation agency, or on any
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| public way within 1,000 feet of the real property | 11 |
| comprising any school,
public park, courthouse, public | 12 |
| transportation facility, or residential property owned, | 13 |
| operated, or managed
by a public housing agency
or leased | 14 |
| by a public housing agency as part of a scattered site or
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| mixed-income development
commits a Class 2 felony and shall | 16 |
| be sentenced to a term of imprisonment of not less than 3 | 17 |
| years and not more than 7 years.
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| (1.5) A person who violates subsection 24-1(a)(4), | 19 |
| 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 20 |
| time of day or the time of year,
in residential property | 21 |
| owned, operated, or managed by a public
housing
agency
or | 22 |
| leased by a public housing agency as part of a scattered | 23 |
| site or
mixed-income development,
in
a public
park, in a | 24 |
| courthouse, on the real property comprising any school, | 25 |
| regardless
of the time of day or the time of year, on | 26 |
| residential property owned,
operated, or managed by a |
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| public housing agency
or leased by a public housing agency | 2 |
| as part of a scattered site or
mixed-income development,
on | 3 |
| the real property
comprising any public park, on the real | 4 |
| property comprising any courthouse, in
any conveyance | 5 |
| owned, leased, or contracted by a school to transport | 6 |
| students
to or from school or a school related activity, in | 7 |
| any conveyance
owned, leased, or contracted by a public | 8 |
| transportation agency, or on any public way within
1,000 | 9 |
| feet of the real property comprising any school, public | 10 |
| park, courthouse,
public transportation facility, or | 11 |
| residential property owned, operated, or managed by a | 12 |
| public
housing agency
or leased by a public housing agency | 13 |
| as part of a scattered site or
mixed-income development
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| commits a Class 3 felony.
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| (2) A person who violates subsection 24-1(a)(1), | 16 |
| 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 17 |
| time of day or the time of year, in
residential property | 18 |
| owned, operated or managed by a public housing
agency
or | 19 |
| leased by a public housing agency as part of a scattered | 20 |
| site or
mixed-income development,
in
a public park, in a | 21 |
| courthouse, on the real property comprising any school,
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| regardless of the time of day or the time of year, on | 23 |
| residential property
owned, operated or managed by a public | 24 |
| housing agency
or leased by a public housing agency as part | 25 |
| of a scattered site or
mixed-income development,
on the | 26 |
| real property
comprising any public park, on the real |
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| property comprising any courthouse, in
any conveyance | 2 |
| owned, leased or contracted by a school to transport | 3 |
| students
to or from school or a school related activity, in | 4 |
| any conveyance
owned, leased, or contracted by a public | 5 |
| transportation agency, or on any public way within
1,000 | 6 |
| feet of the real property comprising any school, public | 7 |
| park, courthouse,
public transportation facility, or | 8 |
| residential property owned, operated, or managed by a | 9 |
| public
housing agency or leased by a public housing agency | 10 |
| as part of a scattered
site or mixed-income development | 11 |
| commits a Class 4 felony. "Courthouse"
means any building | 12 |
| that is used by the Circuit, Appellate, or Supreme Court of
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| this State for the conduct of official business.
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| (3) Paragraphs (1), (1.5), and (2) of this subsection | 15 |
| (c) shall not
apply to law
enforcement officers or security | 16 |
| officers of such school, college, or
university or to | 17 |
| students carrying or possessing firearms for use in | 18 |
| training
courses, parades, hunting, target shooting on | 19 |
| school ranges, or otherwise with
the consent of school | 20 |
| authorities and which firearms are transported unloaded
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| enclosed in a suitable case, box, or transportation | 22 |
| package.
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| (4) For the purposes of this subsection (c), "school" | 24 |
| means any public or
private elementary or secondary school, | 25 |
| community college, college, or
university.
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| (5) For the purposes of this subsection (c), "public |
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| transportation agency" means a public or private agency | 2 |
| that provides for the transportation or conveyance of
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| persons by means available to the general public, except | 4 |
| for transportation
by automobiles not used for conveyance | 5 |
| of the general public as passengers; and "public | 6 |
| transportation facility" means a terminal or other place
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| where one may obtain public transportation.
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| (d) The presence in an automobile other than a public | 9 |
| omnibus of any
weapon, instrument or substance referred to in | 10 |
| subsection (a)(7) is
prima facie evidence that it is in the | 11 |
| possession of, and is being
carried by, all persons occupying | 12 |
| such automobile at the time such
weapon, instrument or | 13 |
| substance is found, except under the following
circumstances: | 14 |
| (i) if such weapon, instrument or instrumentality is
found upon | 15 |
| the person of one of the occupants therein; or (ii) if such
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| weapon, instrument or substance is found in an automobile | 17 |
| operated for
hire by a duly licensed driver in the due, lawful | 18 |
| and proper pursuit of
his trade, then such presumption shall | 19 |
| not apply to the driver.
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| (e) Exemptions. Crossbows, Common or Compound bows and | 21 |
| Underwater
Spearguns are exempted from the definition of | 22 |
| ballistic knife as defined in
paragraph (1) of subsection (a) | 23 |
| of this Section.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 25 |
| 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 26 |
| 96-742, eff. 8-25-09; revised 10-9-09.)
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LRB096 15556 DRJ 35115 b |
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| Section 15. The Religious Corporation Act is amended by | 2 |
| adding Section 52 as follows: | 3 |
| (805 ILCS 110/52 new) | 4 |
| Sec. 52. Religious corporation security guard. | 5 |
| (a) In this Section, "religious corporation security | 6 |
| guard" means an individual who contracts with a corporation | 7 |
| organized under this Act to perform any of the following | 8 |
| functions for the corporation: | 9 |
| (1) The prevention or detection of unauthorized | 10 |
| intrusion or entry, or theft, vandalism, abuse, fire, or | 11 |
| trespass upon any property of the corporation used | 12 |
| primarily as a place of worship. | 13 |
| (2) The prevention, observation, or detection of any | 14 |
| unauthorized activity on any property of the corporation | 15 |
| used primarily as a place of worship. | 16 |
| (3) The protection of individuals from bodily harm or | 17 |
| death on any property of the corporation used primarily as | 18 |
| a place of worship. | 19 |
| The term does not include a private security contractor as | 20 |
| defined under the Private Detective, Private Alarm, Private | 21 |
| Security, Fingerprint Vendor, and
Locksmith Act of 2004, nor | 22 |
| does it include an employee of such a contractor. | 23 |
| (b) A corporation organized under this Act may enter into a | 24 |
| contract with an individual for the individual's performance of |
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| religious corporation security guard functions. Any such | 2 |
| individual must meet all of the following requirements: | 3 |
| (1) He or she must be at least 21 years of age. | 4 |
| (2) For the term of the contract, he or she must be the | 5 |
| holder of a valid Firearm Owner's Identification Card | 6 |
| issued under the Firearm Owners Identification Card Act. | 7 |
| (3) He or she must have completed, within 30 days after | 8 |
| his or her employment, a minimum of 20 hours of classroom | 9 |
| training provided by a qualified instructor that includes | 10 |
| the following
subjects: | 11 |
| (A) The law regarding arrest and search and seizure
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| as it applies to private security. | 13 |
| (B) Civil and criminal liability for acts related
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| to private security. | 15 |
| (C) The use of force, including but not limited to
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| the use of nonlethal force (that is, disabling spray, | 17 |
| baton,
stungun, or similar weapon). | 18 |
| (D) Arrest and control techniques. | 19 |
| (E) The offenses under the Criminal Code of 1961
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| that are directly related to the protection of persons | 21 |
| and
property. | 22 |
| (F) The law on private security forces and on
| 23 |
| reporting to law enforcement agencies. | 24 |
| (G) Fire prevention, fire equipment, and fire
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| safety. | 26 |
| (H) The procedures for service of process and for
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| report writing. | 2 |
| (I) Civil rights and public relations. | 3 |
| (J) The identification of terrorists, acts of | 4 |
| terrorism, and terrorist organizations, as defined by | 5 |
| federal and State statutes. | 6 |
| (c) A religious corporation security guard who in good | 7 |
| faith performs religious corporation security guard functions | 8 |
| or takes actions in good faith that directly relate to the | 9 |
| religious corporation security guard's job responsibilities to | 10 |
| protect people and property, as defined by the areas in which | 11 |
| religious corporation security guards receive training under | 12 |
| subsection (b), shall not, as a result of his or her acts or | 13 |
| omissions, except for willful and wanton misconduct, be liable | 14 |
| to a person for civil damages as a result of performing those | 15 |
| functions or taking those actions. | 16 |
| The civil immunity provided in this subsection (c) does not | 17 |
| apply to a person who has not met all of the requirements set | 18 |
| forth in subsection (b).
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