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

HB0836ham001 102ND GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/25/2021

 

 


 

 


 
10200HB0836ham001LRB102 11349 SPS 23289 a

1
AMENDMENT TO HOUSE BILL 836

2    AMENDMENT NO. ______. Amend House Bill 836 by replacing
3everything after the enacting clause with the following:
 
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9    (Section scheduled to be repealed on January 1, 2024)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

 

 

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1phone book, newspaper, magazine, pamphlet, newsletter,
2website, or other similar type of publication or electronic
3format that is intended to either attract business or merely
4provide contact information to the public for an agency or
5licensee. Advertisement shall not include a licensee's or an
6agency's letterhead, business cards, or other stationery used
7in routine business correspondence or customary name, address,
8and number type listings in a telephone directory.
9    "Alarm system" means any system, including an electronic
10access control system, a surveillance video system, a security
11video system, a burglar alarm system, a fire alarm system, or
12any other electronic system that activates an audible,
13visible, remote, or recorded signal that is designed for the
14protection or detection of intrusion, entry, theft, fire,
15vandalism, escape, or trespass, or other electronic systems
16designed for the protection of life by indicating the
17existence of an emergency situation. "Alarm system" also
18includes an emergency communication system and a mass
19notification system.
20    "Applicant" means a person or business applying for
21licensure, registration, or authorization under this Act. Any
22applicant or person who holds himself or herself out as an
23applicant is considered a licensee or registrant for the
24purposes of enforcement, investigation, hearings, and the
25Illinois Administrative Procedure Act.
26    "Armed employee" means a licensee or registered person who

 

 

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

 

 

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1    "Canine handler authorization card" means a card issued by
2the Department that authorizes the holder to use or handle a
3trained dog to protect persons or property or to conduct
4investigations during the performance of his or her duties as
5specified in this Act.
6    "Canine trainer" means a person who acts as a dog trainer
7for the purpose of training dogs to protect persons or
8property or to conduct investigations.
9    "Canine trainer authorization card" means a card issued by
10the Department that authorizes the holder to train a dog to
11protect persons or property or to conduct investigations
12during the performance of his or her duties as specified in
13this Act.
14    "Canine training facility" means a facility operated by a
15licensed private detective agency or private security
16contractor agency wherein dogs are trained for the purposes of
17protecting persons or property or to conduct investigations.
18    "Corporation" means an artificial person or legal entity
19created by or under the authority of the laws of a state,
20including without limitation a corporation, limited liability
21company, or any other legal entity.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Emergency communication system" means any system that
25communicates information about emergencies, including but not
26limited to fire, terrorist activities, shootings, other

 

 

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1dangerous situations, accidents, and natural disasters.
2    "Employee" means a person who works for a person or agency
3that has the right to control the details of the work performed
4and is not dependent upon whether or not federal or state
5payroll taxes are withheld.
6    "Fingerprint vendor" means a person that offers,
7advertises, or provides services to fingerprint individuals,
8through electronic or other means, for the purpose of
9providing fingerprint images and associated demographic data
10to the Department of State Police for processing fingerprint
11based criminal history record information inquiries.
12    "Fingerprint vendor agency" means a person, firm,
13corporation, or other legal entity that engages in the
14fingerprint vendor business and employs, in addition to the
15fingerprint vendor licensee-in-charge, at least one other
16person in conducting that business.
17    "Fingerprint vendor licensee-in-charge" means a person who
18has been designated by a fingerprint vendor agency to be the
19licensee-in-charge of an agency who is a full-time management
20employee or owner who assumes sole responsibility for
21maintaining all records required by this Act and who assumes
22sole responsibility for assuring the licensed agency's
23compliance with its responsibilities as stated in this Act.
24The Department shall adopt rules mandating licensee-in-charge
25participation in agency affairs.
26    "Fire alarm system" means any system that is activated by

 

 

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1an automatic or manual device in the detection of smoke, heat,
2or fire that activates an audible, visible, or remote signal
3requiring a response.
4    "Firearm control card" means a card issued by the
5Department that authorizes the holder, who has complied with
6the training and other requirements of this Act, to carry a
7weapon during the performance of his or her duties as
8specified in this Act.
9    "Firm" means an unincorporated business entity, including
10but not limited to proprietorships and partnerships.
11    "Licensee" means a person or business licensed under this
12Act. Anyone who holds himself or herself out as a licensee or
13who is accused of unlicensed practice is considered a licensee
14for purposes of enforcement, investigation, hearings, and the
15Illinois Administrative Procedure Act.
16    "Locksmith" means a person who engages in a business or
17holds himself out to the public as providing a service that
18includes, but is not limited to, the servicing, installing,
19originating first keys, re-coding, repairing, maintaining,
20manipulating, or bypassing of a mechanical or electronic
21locking device, access control or video surveillance system at
22premises, vehicles, safes, vaults, safe deposit boxes, or
23automatic teller machines.
24    "Locksmith agency" means a person, firm, corporation, or
25other legal entity that engages in the locksmith business and
26employs, in addition to the locksmith licensee-in-charge, at

 

 

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1least one other person in conducting such business.
2    "Locksmith licensee-in-charge" means a person who has been
3designated by agency to be the licensee-in-charge of an
4agency, who is a full-time management employee or owner who
5assumes sole responsibility for maintaining all records
6required by this Act, and who assumes sole responsibility for
7assuring the licensed agency's compliance with its
8responsibilities as stated in this Act. The Department shall
9adopt rules mandating licensee-in-charge participation in
10agency affairs.
11    "Mass notification system" means any system that is used
12to provide information and instructions to people in a
13building or other space using voice communications, including
14visible signals, text, graphics, tactile, or other
15communication methods.
16    "Peace officer" or "police officer" means a person who, by
17virtue of office or public employment, is vested by law with a
18duty to maintain public order or to make arrests for offenses,
19whether that duty extends to all offenses or is limited to
20specific offenses. Officers, agents, or employees of the
21federal government commissioned by federal statute to make
22arrests for violations of federal laws are considered peace
23officers.
24    "Permanent employee registration card" means a card issued
25by the Department to an individual who has applied to the
26Department and meets the requirements for employment by a

 

 

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1licensed agency under this Act.
2    "Person" means a natural person.
3    "Private alarm contractor" means a person who engages in a
4business that individually or through others undertakes,
5offers to undertake, purports to have the capacity to
6undertake, or submits a bid to sell, install, design, monitor,
7maintain, test, inspect, alter, repair, replace, or service
8alarm and other security-related systems or parts thereof,
9including fire alarm systems, at protected premises or
10premises to be protected or responds to alarm systems at a
11protected premises on an emergency basis and not as a
12full-time security officer. "Private alarm contractor" does
13not include a person, firm, or corporation that manufactures
14or sells alarm systems only from its place of business and does
15not sell, install, monitor, maintain, alter, repair, replace,
16service, or respond to alarm systems at protected premises or
17premises to be protected.
18    "Private alarm contractor agency" means a person,
19corporation, or other entity that engages in the private alarm
20contracting business and employs, in addition to the private
21alarm contractor-in-charge, at least one other person in
22conducting such business.
23    "Private alarm contractor licensee-in-charge" means a
24person who has been designated by an agency to be the
25licensee-in-charge of an agency, who is a full-time management
26employee or owner who assumes sole responsibility for

 

 

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1maintaining all records required by this Act, and who assumes
2sole responsibility for assuring the licensed agency's
3compliance with its responsibilities as stated in this Act.
4The Department shall adopt rules mandating licensee-in-charge
5participation in agency affairs.
6    "Private detective" means any person who by any means,
7including, but not limited to, manual, canine odor detection,
8or electronic methods, engages in the business of, accepts
9employment to furnish, or agrees to make or makes
10investigations for a fee or other consideration to obtain
11information relating to:
12        (1) Crimes or wrongs done or threatened against the
13    United States, any state or territory of the United
14    States, or any local government of a state or territory.
15        (2) The identity, habits, conduct, business
16    occupation, honesty, integrity, credibility, knowledge,
17    trustworthiness, efficiency, loyalty, activity,
18    movements, whereabouts, affiliations, associations,
19    transactions, acts, reputation, or character of any
20    person, firm, or other entity by any means, manual or
21    electronic.
22        (3) The location, disposition, or recovery of lost or
23    stolen property.
24        (4) The cause, origin, or responsibility for fires,
25    accidents, or injuries to individuals or real or personal
26    property.

 

 

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1        (5) The truth or falsity of any statement or
2    representation.
3        (6) Securing evidence to be used before any court,
4    board, or investigating body.
5        (7) The protection of individuals from bodily harm or
6    death (bodyguard functions).
7        (8) Service of process in criminal and civil
8    proceedings.
9    "Private detective agency" means a person, firm,
10corporation, or other legal entity that engages in the private
11detective business and employs, in addition to the
12licensee-in-charge, one or more persons in conducting such
13business.
14    "Private detective licensee-in-charge" means a person who
15has been designated by an agency to be the licensee-in-charge
16of an agency, who is a full-time management employee or owner
17who assumes sole responsibility for maintaining all records
18required by this Act, and who assumes sole responsibility for
19assuring the licensed agency's compliance with its
20responsibilities as stated in this Act. The Department shall
21adopt rules mandating licensee-in-charge participation in
22agency affairs.
23    "Private security contractor" means a person who engages
24in the business of providing a private security officer,
25watchman, patrol, guard dog, canine odor detection, or a
26similar service by any other title or name on a contractual

 

 

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1basis for another person, firm, corporation, or other entity
2for a fee or other consideration and performing one or more of
3the following functions:
4        (1) The prevention or detection of intrusion, entry,
5    theft, vandalism, abuse, fire, or trespass on private or
6    governmental property.
7        (2) The prevention, observation, or detection of any
8    unauthorized activity on private or governmental property.
9        (3) The protection of persons authorized to be on the
10    premises of the person, firm, or other entity for which
11    the security contractor contractually provides security
12    services.
13        (4) The prevention of the misappropriation or
14    concealment of goods, money, bonds, stocks, notes,
15    documents, or papers.
16        (5) The control, regulation, or direction of the
17    movement of the public for the time specifically required
18    for the protection of property owned or controlled by the
19    client.
20        (6) The protection of individuals from bodily harm or
21    death (bodyguard functions).
22    "Private security contractor agency" means a person, firm,
23corporation, or other legal entity that engages in the private
24security contractor business and that employs, in addition to
25the licensee-in-charge, one or more persons in conducting such
26business.

 

 

10200HB0836ham001- 12 -LRB102 11349 SPS 23289 a

1    "Private security contractor licensee-in-charge" means a
2person who has been designated by an agency to be the
3licensee-in-charge of an agency, who is a full-time management
4employee or owner who assumes sole responsibility for
5maintaining all records required by this Act, and who assumes
6sole responsibility for assuring the licensed agency's
7compliance with its responsibilities as stated in this Act.
8The Department shall adopt rules mandating licensee-in-charge
9participation in agency affairs.
10    "Public member" means a person who is not a licensee or
11related to a licensee, or who is not an employer or employee of
12a licensee. The term "related to" shall be determined by the
13rules of the Department.
14    "Secretary" means the Secretary of the Department of
15Financial and Professional Regulation.
16(Source: P.A. 98-253, eff. 8-9-13.)
 
17    (225 ILCS 447/15-25)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 15-25. Training; private detective and employees.
20    (a) Registered employees of a private detective agency
21shall complete, within 30 days of their employment, a minimum
22of 20 hours of basic training provided by a qualified
23instructor. The substance of the training shall be related to
24the work performed by the registered employee. The training
25may be classroom-based or online Internet-based but shall not

 

 

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1be conducted as on-the-job training and shall include relevant
2information as to the identification of terrorists, acts of
3terrorism, and terrorist organizations, as defined by federal
4and State statutes.
5    (a-5) In addition to the basic training required in
6subsection (a), registered employees of a private detective
7agency shall complete an additional minimum of 8 hours of
8annual training for every calendar year, commencing with the
9calendar year beginning after the employee's hire date.
10    (a-10) Annual training for registered employees shall be
11based on subjects related to the work performed as determined
12by the employer and may be conducted in a classroom or seminar
13setting or via Internet-based online learning programs. Annual
14training may not be conducted as on-the-job training.
15    (b) It is the responsibility of the employer to certify,
16on a form provided by the Department, that the employee has
17successfully completed the basic and annual training. The
18original form or a copy shall be a permanent record of training
19completed by the employee and shall be placed in the
20employee's file with the employer for the period the employee
21remains with the employer. An agency may place a notarized
22copy of the Department form in lieu of the original into the
23permanent employee registration card file. The original form
24or a copy shall be given to the employee when his or her
25employment is terminated. Failure to return the original form
26or a copy to the employee is grounds for disciplinary action.

 

 

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1The employee shall not be required to repeat the required
2training once the employee has been issued the form. An
3employer may provide or require additional training.
4    (c) (Blank). Any certification of completion of the
520-hour basic training issued under the Private Detective,
6Private Alarm, Private Security, and Locksmith Act of 1993 or
7any prior Act shall be accepted as proof of training under this
8Act.
9    (d) All private detectives shall complete a minimum of 8
10hours of annual training on a topic of their choosing,
11provided that the subject matter is reasonably related to
12their private detective practice. The annual training for
13private detectives may be completed utilizing any combination
14of hours obtained in a classroom or seminar setting or via
15Internet-based online learning programs. The Department shall
16adopt rules to administer this subsection.
17    (e) The annual training requirements for private
18detectives shall not apply until the calendar year following
19the issuance of the private detective license.
20    (f) It shall be the responsibility of the private
21detective to keep and maintain a personal log of all training
22hours earned along with sufficient documentation for the
23Department to verify the annual training completed for at
24least 5 years. The personal training log and documentation
25shall be provided to the Department in the same manner as other
26documentation and records required under this Act.

 

 

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1    (g) If the private detective owns or is employed by a
2private detective agency, the private detective agency shall
3maintain a record of the annual training. The private
4detective agency must make the record of annual training
5available to the Department upon request.
6    (h) Recognizing the diverse professional practices of
7private detectives licensed under this Act, it is the intent
8of the training requirements in this Section to allow for a
9broad interpretation of the coursework, seminar subjects, or
10class topics to be considered reasonably related to the
11practice of any profession licensed under this Act.
12    (i) Notwithstanding any other professional license a
13private detective holds under this Act, no more than 8 hours of
14annual training shall be required for any one year.
15(Source: P.A. 95-613, eff. 9-11-07.)
 
16    (225 ILCS 447/20-20)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 20-20. Training; private alarm contractor and
19employees.
20    (a) Registered employees of the private alarm contractor
21agency who carry a firearm and respond to alarm systems shall
22complete, within 30 days of their employment, a minimum of 20
23hours of classroom training provided by a qualified instructor
24and shall include all of the following subjects:
25        (1) The law regarding arrest and search and seizure as

 

 

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1    it applies to the private alarm industry.
2        (2) Civil and criminal liability for acts related to
3    the private alarm industry.
4        (3) The use of force, including but not limited to the
5    use of nonlethal force (i.e., disabling spray, baton,
6    stungun, or similar weapon).
7        (4) Arrest and control techniques.
8        (5) The offenses under the Criminal Code of 2012 that
9    are directly related to the protection of persons and
10    property.
11        (6) The law on private alarm forces and on reporting
12    to law enforcement agencies.
13        (7) Fire prevention, fire equipment, and fire safety.
14        (8) Civil rights and public relations.
15        (9) The identification of terrorists, acts of
16    terrorism, and terrorist organizations, as defined by
17    federal and State statutes.
18    Pursuant to directives set forth by the U.S. Department of
19Homeland Security and the provisions set forth by the National
20Fire Protection Association in the National Fire Alarm Code
21and the Life Safety Code, training may include the
22installation, repair, and maintenance of emergency
23communication systems and mass notification systems.
24    (b) All other employees of a private alarm contractor
25agency shall complete a minimum of 20 hours of basic training
26provided by a qualified instructor within 30 days of their

 

 

10200HB0836ham001- 17 -LRB102 11349 SPS 23289 a

1employment. The training may be provided in a classroom or
2seminar setting or via Internet-based online learning
3programs. The substance of the training shall be related to
4the work performed by the registered employee.
5    (c) It is the responsibility of the employer to certify,
6on forms provided by the Department, that the employee has
7successfully completed the training. The original form or a
8copy shall be a permanent record of training completed by the
9employee and shall be placed in the employee's file with the
10employer for the term the employee is retained by the
11employer. A private alarm contractor agency may place a
12notarized copy of the Department form in lieu of the original
13into the permanent employee registration card file. The
14original form or a copy shall be returned to the employee when
15his or her employment is terminated. Failure to return the
16original form or a copy to the employee is grounds for
17discipline. The employee shall not be required to complete the
18training required under this Act once the employee has been
19issued a form.
20    (d) Nothing in this Act prevents any employer from
21providing or requiring additional training beyond the required
2220 hours that the employer feels is necessary and appropriate
23for competent job performance.
24    (e) Any certification of completion of the 20-hour basic
25training issued under the Private Detective, Private Alarm,
26Private Security, and Locksmith Act of 1993 or any prior Act

 

 

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1shall be accepted as proof of training under this Act.
2(Source: P.A. 96-847, eff. 6-1-10; 97-1150, eff. 1-25-13.)
 
3    (225 ILCS 447/25-20)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 25-20. Training; private security contractor and
6employees.
7    (a) Registered employees of the private security
8contractor agency who provide traditional guarding or other
9private security related functions or who respond to alarm
10systems shall complete, within 30 days of their employment, a
11minimum of 20 hours of classroom basic training, which may be
12provided in a classroom or seminar setting or via
13Internet-based online learning programs, and shall be provided
14by a qualified instructor, which shall include the following
15subjects:
16        (1) The law regarding arrest and search and seizure as
17    it applies to private security.
18        (2) Civil and criminal liability for acts related to
19    private security.
20        (3) The use of force, including but not limited to the
21    use of nonlethal force (i.e., disabling spray, baton,
22    stungun, taser, or similar weapon).
23        (4) Verbal communication skills Arrest and control
24    techniques.
25        (5) The offenses under the Criminal Code of 2012 that

 

 

10200HB0836ham001- 19 -LRB102 11349 SPS 23289 a

1    are directly related to the protection of persons and
2    property.
3        (6) Private security officers and the criminal justice
4    system The law on private security forces and on reporting
5    to law enforcement agencies.
6        (7) Fire prevention, fire equipment, and fire safety.
7        (8) Report The procedures for report writing and
8    observation techniques.
9        (9) Customer service, civil Civil rights, and public
10    relations.
11        (10) The identification of terrorists, acts of
12    terrorism, and terrorist organizations, as defined by
13    federal and State statutes.
14    (b) All other employees of a private security contractor
15agency shall complete a minimum of 20 hours of basic training
16provided by the qualified instructor within 30 days of their
17employment. The training may be provided in a classroom or
18seminar setting or via Internet-based online learning
19programs. The substance of the training shall be related to
20the work performed by the registered employee.
21    (c) Registered employees of the private security
22contractor agency who provide guarding or other private
23security related functions, in addition to the basic classroom
24training required under subsection (a), within 6 months of
25their employment, shall complete an additional 8 hours of
26training on subjects to be determined by the employer, which

 

 

10200HB0836ham001- 20 -LRB102 11349 SPS 23289 a

1training may be site-specific and may be conducted on the job.
2The training may be provided in a classroom or seminar setting
3or via Internet-based online learning programs.
4    (d) In addition to the basic training provided for in
5subsections (a) and (c), registered employees of the private
6security contractor agency who provide guarding or other
7private security related functions shall complete an
8additional 8 hours of refresher training on subjects to be
9determined by the employer each calendar year commencing with
10the calendar year following the employee's first employment
11anniversary date, which refresher training may be
12site-specific and may be conducted on the job.
13    (e) It is the responsibility of the employer to certify,
14on a form provided by the Department, that the employee has
15successfully completed the basic and refresher training. The
16original form or a copy shall be a permanent record of training
17completed by the employee and shall be placed in the
18employee's file with the employer for the period the employee
19remains with the employer. An agency may place a notarized
20copy of the Department form in lieu of the original into the
21permanent employee registration card file. The original form
22or a copy shall be given to the employee when his or her
23employment is terminated. Failure to return the original form
24or a copy to the employee is grounds for disciplinary action.
25The employee shall not be required to repeat the required
26training once the employee has been issued the form. An

 

 

10200HB0836ham001- 21 -LRB102 11349 SPS 23289 a

1employer may provide or require additional training.
2    (f) (Blank). Any certification of completion of the
320-hour basic training issued under the Private Detective,
4Private Alarm, Private Security and Locksmith Act of 1993 or
5any prior Act shall be accepted as proof of training under this
6Act.
7    (g) All private security contractors shall complete a
8minimum of 4 hours of annual training on a topic of their
9choosing, provided that the subject matter of the training is
10reasonably related to their private security contractor
11practice. The training may be provided in a classroom setting
12or seminar setting or via Internet-based online learning
13programs. The Department shall adopt rules to administer this
14subsection.
15    (h) It shall be the responsibility of the private security
16contractor to keep and maintain a personal log of all training
17hours earned along with sufficient documentation necessary for
18the Department to verify the annual training completed for at
19least 5 years. The personal training log and documentation
20shall be provided to the Department in the same manner as other
21documentation and records required under this Act.
22    (i) If the private security contractor owns or is employed
23by a private security contractor agency, the private security
24contractor agency shall maintain a record of the annual
25training. The private security contractor agency must make the
26record of annual training available to the Department upon

 

 

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1request.
2    (j) Recognizing the diverse professional practices of
3private security contractors licensed under this Act, it is
4the intent of the training requirements in this Section to
5allow for a broad interpretation of the coursework, seminar
6subjects, or class topics to be considered reasonably related
7to the practice of any profession licensed under this Act.
8    (k) Notwithstanding any other professional license a
9private security contractor holds under this Act, no more than
104 hours of annual training shall be required for any one year.
11    (l) The annual training requirements for private security
12contractors shall not apply until the calendar year following
13the issuance of the private security contractor license.
14(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13;
1598-756, eff. 7-16-14.)
 
16    (225 ILCS 447/35-40)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 35-40. Firearm control; training requirements.
19    (a) The Department shall, pursuant to rule, approve or
20disapprove training programs for the firearm training course,
21which shall be taught by a qualified instructor.
22Qualifications for instructors shall be set by rule. The
23firearm training course shall be conducted by entities, by a
24licensee, or by an agency licensed by this Act, provided the
25course is approved by the Department. The firearm course shall

 

 

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1consist of the following minimum requirements:
2        (1) 48 40 hours of training as follows: ,
3            (A) 20 hours consisting of training which shall be
4        as described in Sections 15-20, 20-20, or 25-20, as
5        applicable; , and 20 hours of which shall include all
6        of the following:
7            (B) 8 hours consisting of practice firing on a
8        range with live ammunition, including, but not limited
9        to, firing a minimum of 50 rounds of live ammunition
10        (factory loaded service ammunition or factory reloaded
11        ammunition) and attaining a minimum score of 70%
12        accuracy with each type of weapon the person is
13        authorized by the Department to carry and for which
14        the person has been trained; and
15            (C) 20 hours consisting of instruction in: (A)
16        Instruction in
17                (i) the dangers of and misuse of firearms,
18            their storage, safety rules, and care and cleaning
19            of firearms;
20                (ii) defensive tactics for in-holster weapon
21            retention;
22                (iii) . (B) Practice firing on a range with
23            live ammunition. (C) Instruction in the legal use
24            of firearms;
25                (iv) . (D) A presentation of the ethical and
26            moral considerations necessary for any person who

 

 

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1            possesses a firearm;
2                (v) . (E) A review of the laws regarding
3            arrest, search, and seizure; and
4                (vi) liability . (F) Liability for acts that
5            may be performed in the course of employment.
6        (2) An examination shall be given at the completion of
7    the course. The examination shall consist of a firearms
8    qualification course and a written examination. Successful
9    completion shall be determined by the Department.
10    (b) The firearm training requirement may be waived for a
11licensee or employee who has completed training provided by
12the Illinois Law Enforcement Training Standards Board or the
13equivalent public body of another state or is a qualified
14retired law enforcement officer as defined in the federal Law
15Enforcement Officers Safety Act of 2004 and is in compliance
16with all of the requirements of that Act, provided
17documentation showing requalification with the weapon on the
18firing range is submitted to the Department.
19    (c) In addition to the training provided for in subsection
20(a), a licensee or employee in possession of a valid firearm
21control card shall complete an additional 8 hours of refresher
22training each calendar year commencing with the calendar year
23following one year after the date of the issuance of the
24firearm control card. The 8 hours of training shall consist of
25practice firing on a range with live ammunition, including,
26but not limited to, firing a minimum of 50 rounds of live

 

 

10200HB0836ham001- 25 -LRB102 11349 SPS 23289 a

1ammunition (factory loaded service ammunition or factory
2reloaded ammunition) and attaining a minimum score of 70%
3accuracy with each type of weapon the person is authorized by
4the Department to carry and for which the person has been
5trained.
6(Source: P.A. 98-253, eff. 8-9-13.)
 
7    (225 ILCS 447/35-45)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 35-45. Armed proprietary security force.
10    (a) All financial institutions or commercial or industrial
11operations that employ one or more armed employees and all
12commercial or industrial operations that employ 5 or more
13persons as armed employees shall register their security
14forces with the Department on forms provided by the
15Department. Registration subjects the security force to all of
16the requirements of Section 35-40. For the purposes of this
17Section, "financial institution" includes a bank, savings and
18loan association, credit union, currency exchange, or company
19providing armored car services.
20    (a-1) Commercial or industrial operations that employ less
21than 5 persons as armed employees may register their security
22forces with the Department on forms provided by the
23Department. Registration subjects the security force to all of
24the requirements of this Section.
25    (b) All armed employees of the registered proprietary

 

 

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1security force must complete a 20-hour basic training course
2and all the 20-hour firearm training requirements of Section
335-40.
4    (c) Every proprietary security force is required to apply
5to the Department, on forms supplied by the Department, for a
6firearm control card for each armed employee. Each armed
7employee shall have his or her fingerprints submitted to the
8Department of State Police in an electronic format that
9complies with the form and manner for requesting and
10furnishing criminal history record information as prescribed
11by the Department of State Police. These fingerprints shall be
12checked against the Department of State Police and Federal
13Bureau of Investigation criminal history record databases. The
14Department of State Police shall charge the armed employee a
15fee for conducting the criminal history records check, which
16shall be deposited in the State Police Services Fund and shall
17not exceed the actual cost of the records check. The
18Department of State Police shall furnish, pursuant to positive
19identification, records of Illinois convictions to the
20Department. The Department may require armed employees to pay
21a separate fingerprinting fee, either to the Department or
22directly to the vendor. The Department, in its discretion, may
23allow an armed employee who does not have reasonable access to
24a designated vendor to provide his or her fingerprints in an
25alternative manner. The Department, in its discretion, may
26also use other procedures in performing or obtaining criminal

 

 

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1background checks of armed employees. Instead of submitting
2his or her fingerprints, an individual may submit proof that
3is satisfactory to the Department that an equivalent security
4clearance has been conducted. Also, an individual who has
5retired as a peace officer within 12 months before application
6may submit verification, on forms provided by the Department
7and signed by his or her employer, of his or her previous
8full-time employment as a peace officer.
9    (d) The Department may provide rules for the
10administration of this Section.
11(Source: P.A. 98-253, eff. 8-9-13.)
 
12    Section 10. The Criminal Code of 2012 is amended by
13changing Section 24-2 as follows:
 
14    (720 ILCS 5/24-2)
15    Sec. 24-2. Exemptions.
16    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1724-1(a)(13) and Section 24-1.6 do not apply to or affect any of
18the following:
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.
22        (2) Wardens, superintendents and keepers of prisons,
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.
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.
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
10    of the duties of their employment or commuting between
11    their homes and places of employment; and watchmen while
12    actually engaged in the performance of the duties of their
13    employment.
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 agency licensed by
18    the Department of Financial and Professional Regulation,
19    if their duties include the carrying of a weapon under the
20    provisions of the Private Detective, Private Alarm,
21    Private Security, Fingerprint Vendor, and Locksmith Act of
22    2004, while actually engaged in the performance of the
23    duties of their employment or commuting between their
24    homes and places of employment. A person shall be
25    considered eligible for this exemption if he or she has
26    completed the required 20 hours of training for a private

 

 

10200HB0836ham001- 29 -LRB102 11349 SPS 23289 a

1    security contractor, private detective, or private alarm
2    contractor, or employee of a licensed private security
3    contractor, private detective, or private alarm contractor
4    agency and 28 20 hours of required firearm training, and
5    has been issued a firearm control card by the Department
6    of Financial and Professional Regulation. Conditions for
7    the renewal of firearm control cards issued under the
8    provisions of this Section shall be the same as for those
9    cards issued under the provisions of the Private
10    Detective, Private Alarm, Private Security, Fingerprint
11    Vendor, and Locksmith Act of 2004. The firearm control
12    card shall be carried by the private security contractor,
13    private detective, or private alarm contractor, or
14    employee of the licensed private security contractor,
15    private detective, or private alarm contractor agency at
16    all times when he or she is in possession of a concealable
17    weapon permitted by his or her firearm control card.
18        (6) Any person regularly employed in a commercial or
19    industrial operation as a security guard for the
20    protection of persons employed and private property
21    related to such commercial or industrial operation, while
22    actually engaged in the performance of his or her duty or
23    traveling between sites or properties belonging to the
24    employer, and who, as a security guard, is a member of a
25    security force registered with the Department of Financial
26    and Professional Regulation; provided that such security

 

 

10200HB0836ham001- 30 -LRB102 11349 SPS 23289 a

1    guard has successfully completed a course of study,
2    approved by and supervised by the Department of Financial
3    and Professional Regulation, consisting of not less than
4    48 40 hours of training that includes the theory of law
5    enforcement, liability for acts, and the handling of
6    weapons. A person shall be considered eligible for this
7    exemption if he or she has completed the required 20 hours
8    of training for a security officer and 28 20 hours of
9    required firearm training, and has been issued a firearm
10    control card by the Department of Financial and
11    Professional Regulation. Conditions for the renewal of
12    firearm control cards issued under the provisions of this
13    Section shall be the same as for those cards issued under
14    the provisions of the Private Detective, Private Alarm,
15    Private Security, Fingerprint Vendor, and Locksmith Act of
16    2004. The firearm control card shall be carried by the
17    security guard at all times when he or she is in possession
18    of a concealable weapon permitted by his or her firearm
19    control card.
20        (7) Agents and investigators of the Illinois
21    Legislative Investigating Commission authorized by the
22    Commission to carry the weapons specified in subsections
23    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
24    any investigation for the Commission.
25        (8) Persons employed by a financial institution as a
26    security guard for the protection of other employees and

 

 

10200HB0836ham001- 31 -LRB102 11349 SPS 23289 a

1    property related to such financial institution, while
2    actually engaged in the performance of their duties,
3    commuting between their homes and places of employment, or
4    traveling between sites or properties owned or operated by
5    such financial institution, and who, as a security guard,
6    is a member of a security force registered with the
7    Department; provided that any person so employed has
8    successfully completed a course of study, approved by and
9    supervised by the Department of Financial and Professional
10    Regulation, consisting of not less than 48 40 hours of
11    training which includes theory of law enforcement,
12    liability for acts, and the handling of weapons. A person
13    shall be considered to be eligible for this exemption if
14    he or she has completed the required 20 hours of training
15    for a security officer and 28 20 hours of required firearm
16    training, and has been issued a firearm control card by
17    the Department of Financial and Professional Regulation.
18    Conditions for renewal of firearm control cards issued
19    under the provisions of this Section shall be the same as
20    for those issued under the provisions of the Private
21    Detective, Private Alarm, Private Security, Fingerprint
22    Vendor, and Locksmith Act of 2004. The firearm control
23    card shall be carried by the security guard at all times
24    when he or she is in possession of a concealable weapon
25    permitted by his or her firearm control card. For purposes
26    of this subsection, "financial institution" means a bank,

 

 

10200HB0836ham001- 32 -LRB102 11349 SPS 23289 a

1    savings and loan association, credit union or company
2    providing armored car services.
3        (9) Any person employed by an armored car company to
4    drive an armored car, while actually engaged in the
5    performance of his duties.
6        (10) Persons who have been classified as peace
7    officers pursuant to the Peace Officer Fire Investigation
8    Act.
9        (11) Investigators of the Office of the State's
10    Attorneys Appellate Prosecutor authorized by the board of
11    governors of the Office of the State's Attorneys Appellate
12    Prosecutor to carry weapons pursuant to Section 7.06 of
13    the State's Attorneys Appellate Prosecutor's Act.
14        (12) Special investigators appointed by a State's
15    Attorney under Section 3-9005 of the Counties Code.
16        (12.5) Probation officers while in the performance of
17    their duties, or while commuting between their homes,
18    places of employment or specific locations that are part
19    of their assigned duties, with the consent of the chief
20    judge of the circuit for which they are employed, if they
21    have received weapons training according to requirements
22    of the Peace Officer and Probation Officer Firearm
23    Training Act.
24        (13) Court Security Officers while in the performance
25    of their official duties, or while commuting between their
26    homes and places of employment, with the consent of the

 

 

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1    Sheriff.
2        (13.5) A person employed as an armed security guard at
3    a nuclear energy, storage, weapons or development site or
4    facility regulated by the Nuclear Regulatory Commission
5    who has completed the background screening and training
6    mandated by the rules and regulations of the Nuclear
7    Regulatory Commission.
8        (14) Manufacture, transportation, or sale of weapons
9    to persons authorized under subdivisions (1) through
10    (13.5) of this subsection to possess those weapons.
11    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
12to or affect any person carrying a concealed pistol, revolver,
13or handgun and the person has been issued a currently valid
14license under the Firearm Concealed Carry Act at the time of
15the commission of the offense.
16     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
17to or affect a qualified current or retired law enforcement
18officer qualified under the laws of this State or under the
19federal Law Enforcement Officers Safety Act.
20    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2124-1.6 do not apply to or affect any of the following:
22        (1) Members of any club or organization organized for
23    the purpose of practicing shooting at targets upon
24    established target ranges, whether public or private, and
25    patrons of such ranges, while such members or patrons are
26    using their firearms on those target ranges.

 

 

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1        (2) Duly authorized military or civil organizations
2    while parading, with the special permission of the
3    Governor.
4        (3) Hunters, trappers or fishermen with a license or
5    permit while engaged in hunting, trapping or fishing.
6        (4) Transportation of weapons that are broken down in
7    a non-functioning state or are not immediately accessible.
8        (5) Carrying or possessing any pistol, revolver, stun
9    gun or taser or other firearm on the land or in the legal
10    dwelling of another person as an invitee with that
11    person's permission.
12    (c) Subsection 24-1(a)(7) does not apply to or affect any
13of the following:
14        (1) Peace officers while in performance of their
15    official duties.
16        (2) Wardens, superintendents and keepers of prisons,
17    penitentiaries, jails and other institutions for the
18    detention of persons accused or convicted of an offense.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard, while in
21    the performance of their official duty.
22        (4) Manufacture, transportation, or sale of machine
23    guns to persons authorized under subdivisions (1) through
24    (3) of this subsection to possess machine guns, if the
25    machine guns are broken down in a non-functioning state or
26    are not immediately accessible.

 

 

10200HB0836ham001- 35 -LRB102 11349 SPS 23289 a

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

 

 

10200HB0836ham001- 36 -LRB102 11349 SPS 23289 a

1    any branch of the Armed Forces of the United States, when
2    such activities are necessary and incident to fulfilling
3    the terms of such contract.
4        The exemption granted under this subdivision (c)(6)
5    shall also apply to any authorized agent of any such
6    contractor or subcontractor who is operating within the
7    scope of his employment, where such activities involving
8    such weapon, weapons or ammunition are necessary and
9    incident to fulfilling the terms of such contract.
10        (7) A person possessing a rifle with a barrel or
11    barrels less than 16 inches in length if: (A) the person
12    has been issued a Curios and Relics license from the U.S.
13    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
14    (B) the person is an active member of a bona fide,
15    nationally recognized military re-enacting group and the
16    modification is required and necessary to accurately
17    portray the weapon for historical re-enactment purposes;
18    the re-enactor is in possession of a valid and current
19    re-enacting group membership credential; and the overall
20    length of the weapon as modified is not less than 26
21    inches.
22    (d) Subsection 24-1(a)(1) does not apply to the purchase,
23possession or carrying of a black-jack or slung-shot by a
24peace officer.
25    (e) Subsection 24-1(a)(8) does not apply to any owner,
26manager or authorized employee of any place specified in that

 

 

10200HB0836ham001- 37 -LRB102 11349 SPS 23289 a

1subsection nor to any law enforcement officer.
2    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
3Section 24-1.6 do not apply to members of any club or
4organization organized for the purpose of practicing shooting
5at targets upon established target ranges, whether public or
6private, while using their firearms on those target ranges.
7    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
8to:
9        (1) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard, while in
11    the performance of their official duty.
12        (2) Bonafide collectors of antique or surplus military
13    ordnance.
14        (3) Laboratories having a department of forensic
15    ballistics, or specializing in the development of
16    ammunition or explosive ordnance.
17        (4) Commerce, preparation, assembly or possession of
18    explosive bullets by manufacturers of ammunition licensed
19    by the federal government, in connection with the supply
20    of those organizations and persons exempted by subdivision
21    (g)(1) of this Section, or like organizations and persons
22    outside this State, or the transportation of explosive
23    bullets to any organization or person exempted in this
24    Section by a common carrier or by a vehicle owned or leased
25    by an exempted manufacturer.
26    (g-5) Subsection 24-1(a)(6) does not apply to or affect

 

 

10200HB0836ham001- 38 -LRB102 11349 SPS 23289 a

1persons licensed under federal law to manufacture any device
2or attachment of any kind designed, used, or intended for use
3in silencing the report of any firearm, firearms, or
4ammunition for those firearms equipped with those devices, and
5actually engaged in the business of manufacturing those
6devices, firearms, or ammunition, but only with respect to
7activities that are within the lawful scope of that business,
8such as the manufacture, transportation, or testing of those
9devices, firearms, or ammunition. This exemption does not
10authorize the general private possession of any device or
11attachment of any kind designed, used, or intended for use in
12silencing the report of any firearm, but only such possession
13and activities as are within the lawful scope of a licensed
14manufacturing business described in this subsection (g-5).
15During transportation, these devices shall be detached from
16any weapon or not immediately accessible.
17    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1824-1.6 do not apply to or affect any parole agent or parole
19supervisor who meets the qualifications and conditions
20prescribed in Section 3-14-1.5 of the Unified Code of
21Corrections.
22    (g-7) Subsection 24-1(a)(6) does not apply to a peace
23officer while serving as a member of a tactical response team
24or special operations team. A peace officer may not personally
25own or apply for ownership of a device or attachment of any
26kind designed, used, or intended for use in silencing the

 

 

10200HB0836ham001- 39 -LRB102 11349 SPS 23289 a

1report of any firearm. These devices shall be owned and
2maintained by lawfully recognized units of government whose
3duties include the investigation of criminal acts.
4    (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and
524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
6athlete's possession, transport on official Olympic and
7Paralympic transit systems established for athletes, or use of
8competition firearms sanctioned by the International Olympic
9Committee, the International Paralympic Committee, the
10International Shooting Sport Federation, or USA Shooting in
11connection with such athlete's training for and participation
12in shooting competitions at the 2016 Olympic and Paralympic
13Games and sanctioned test events leading up to the 2016
14Olympic and Paralympic Games.
15    (h) An information or indictment based upon a violation of
16any subsection of this Article need not negative any
17exemptions contained in this Article. The defendant shall have
18the burden of proving such an exemption.
19    (i) Nothing in this Article shall prohibit, apply to, or
20affect the transportation, carrying, or possession, of any
21pistol or revolver, stun gun, taser, or other firearm
22consigned to a common carrier operating under license of the
23State of Illinois or the federal government, where such
24transportation, carrying, or possession is incident to the
25lawful transportation in which such common carrier is engaged;
26and nothing in this Article shall prohibit, apply to, or

 

 

10200HB0836ham001- 40 -LRB102 11349 SPS 23289 a

1affect the transportation, carrying, or possession of any
2pistol, revolver, stun gun, taser, or other firearm, not the
3subject of and regulated by subsection 24-1(a)(7) or
4subsection 24-2(c) of this Article, which is unloaded and
5enclosed in a case, firearm carrying box, shipping box, or
6other container, by the possessor of a valid Firearm Owners
7Identification Card.
8(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)".