Illinois General Assembly - Full Text of SB0548
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Full Text of SB0548  102nd General Assembly

SB0548 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0548

 

Introduced 2/23/2021, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 447/5-10
225 ILCS 447/15-25
225 ILCS 447/20-20
225 ILCS 447/25-20
225 ILCS 447/35-40
225 ILCS 447/35-45
720 ILCS 5/24-2

    Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In a provision requiring training for registered employees of a private detective agency within 30 days of their employment, specifies that the training may be classroom-based or online Internet-based and removes certain topics that must be included in that training. Provides that registered employees of a private detective agency and private detectives shall complete an additional 8 hours of annual training each calendar year. Provides that private security contractors shall complete an additional 4 hours of annual training each calendar year. Provides that classroom basic training for private security contractors may be provided in a classroom setting or may be Internet-based online or other supervised computerized training. Provides that if a private security contractor owns or is employed by a private security contractor agency, the private security contractor agency shall maintain a record of the annual training and must make the record of annual training available to the Department of Financial and Professional Regulation upon request. Provides that a licensee applying for a firearm control card must complete a firearm training course consisting of 48 hours (rather than 40 hours) of training. Provides that a licensee or employee in possession of a valid firearm control card shall complete an additional 8 hours of refresher training each calendar year. Requires that commercial or industrial operations that employ one or more persons (rather than 5 or more persons) shall register their security forces with the Department and that registration subjects the security force to certain requirements. Makes other changes. Amends the Criminal Code of 2012 to make conforming changes.


LRB102 11350 SPS 16683 b

 

 

A BILL FOR

 

SB0548LRB102 11350 SPS 16683 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,

 

 

SB0548- 2 -LRB102 11350 SPS 16683 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

 

 

SB0548- 3 -LRB102 11350 SPS 16683 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

 

 

SB0548- 4 -LRB102 11350 SPS 16683 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,

 

 

SB0548- 5 -LRB102 11350 SPS 16683 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

 

 

SB0548- 6 -LRB102 11350 SPS 16683 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

 

 

SB0548- 7 -LRB102 11350 SPS 16683 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

 

 

SB0548- 8 -LRB102 11350 SPS 16683 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,

 

 

SB0548- 9 -LRB102 11350 SPS 16683 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

 

 

SB0548- 10 -LRB102 11350 SPS 16683 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

 

 

SB0548- 11 -LRB102 11350 SPS 16683 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.

 

 

SB0548- 12 -LRB102 11350 SPS 16683 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

 

 

SB0548- 13 -LRB102 11350 SPS 16683 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
17shall be given to the employee when his or her employment is
18terminated. Failure to return the original form to the
19employee is grounds for disciplinary action. The employee
20shall not be required to repeat the required training once the
21employee has been issued the form. An employer may provide or
22require 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

 

 

SB0548- 14 -LRB102 11350 SPS 16683 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 formal educational classroom setting,
8including, but not limited to, a live educational workshop or
9seminar or an Internet-based online learning program. The
10Department shall adopt rules to administer this subsection.
11    (e) The annual training requirements for private
12detectives shall not apply until the calendar year following
13the issuance of the private detective license.
14    (f) It shall be the responsibility of the private
15detective to keep and maintain a personal log of all training
16hours earned along with sufficient documentation for the
17Department to verify the annual training completed for at
18least 5 years. The personal training log and documentation
19shall be provided to the Department in the same manner as other
20documentation and records required under this Act.
21    (g) If the private detective owns or is employed by a
22private detective agency, the private detective agency shall
23maintain a record of the annual training. The private
24detective agency must make the record of annual training
25available to the Department upon request.
26    (h) Recognizing the diverse professional practices of

 

 

SB0548- 15 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 16 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 17 -LRB102 11350 SPS 16683 b

1successfully completed the training. The form shall be a
2permanent record of training completed by the employee and
3shall be placed in the employee's file with the employer for
4the term the employee is retained by the employer. A private
5alarm contractor agency may place a notarized copy of the
6Department form in lieu of the original into the permanent
7employee registration card file. The form shall be returned to
8the employee when his or her employment is terminated. Failure
9to return the form to the employee is grounds for discipline.
10The employee shall not be required to complete the training
11required under this Act once the employee has been issued a
12form.
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.

 

 

SB0548- 18 -LRB102 11350 SPS 16683 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 setting or may be Internet-based
7online or other supervised computerized training, and shall be
8provided by a qualified instructor, which shall include the
9following subjects:
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

 

 

SB0548- 19 -LRB102 11350 SPS 16683 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
11setting or may be Internet-based online or other supervised
12computerized training. The substance of the training shall be
13related to the 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 setting or may be
22Internet-based online or other supervised computerized
23training.
24    (d) In addition to the basic training provided for in
25subsections (a) and (c), registered employees of the private
26security contractor agency who provide guarding or other

 

 

SB0548- 20 -LRB102 11350 SPS 16683 b

1private security related functions shall complete an
2additional 8 hours of refresher training on subjects to be
3determined by the employer each calendar year commencing with
4the calendar year following the employee's first employment
5anniversary date, which refresher training may be
6site-specific and may be conducted on the job.
7    (e) It is the responsibility of the employer to certify,
8on a form provided by the Department, that the employee has
9successfully completed the basic and refresher training. The
10original form or a copy shall be a permanent record of training
11completed by the employee and shall be placed in the
12employee's file with the employer for the period the employee
13remains with the employer. An agency may place a notarized
14copy of the Department form in lieu of the original into the
15permanent employee registration card file. The original form
16shall be given to the employee when his or her employment is
17terminated. Failure to return the original form to the
18employee is grounds for disciplinary action. The employee
19shall not be required to repeat the required training once the
20employee has been issued the form. An employer may provide or
21require additional training.
22    (f) (Blank). Any certification of completion of the
2320-hour basic training issued under the Private Detective,
24Private Alarm, Private Security and Locksmith Act of 1993 or
25any prior Act shall be accepted as proof of training under this
26Act.

 

 

SB0548- 21 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 22 -LRB102 11350 SPS 16683 b

1to the practice of any profession licensed under this Act.
2    (k) Notwithstanding any other professional license a
3private security contractor holds under this Act, no more than
44 hours of annual training shall be required for any one year.
5    (l) The annual training requirements for private security
6contractors shall not apply until the calendar year following
7the issuance of the private security contractor license.
8(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13;
998-756, eff. 7-16-14.)
 
10    (225 ILCS 447/35-40)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 35-40. Firearm control; training requirements.
13    (a) The Department shall, pursuant to rule, approve or
14disapprove training programs for the firearm training course,
15which shall be taught by a qualified instructor.
16Qualifications for instructors shall be set by rule. The
17firearm training course shall be conducted by entities, by a
18licensee, or by an agency licensed by this Act, provided the
19course is approved by the Department. The firearm course shall
20consist of the following minimum requirements:
21        (1) 48 40 hours of training as follows: ,
22            (A) 20 hours consisting of training which shall be
23        as described in Sections 15-20, 20-20, or 25-20, as
24        applicable; , and 20 hours of which shall include all
25        of the following:

 

 

SB0548- 23 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 24 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 25 -LRB102 11350 SPS 16683 b

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 this Section. 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 this
22Section.
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

 

 

SB0548- 26 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 27 -LRB102 11350 SPS 16683 b

1and signed by his or her employer, of his or her previous
2full-time employment as a peace officer.
3    (d) The Department may provide rules for the
4administration of this Section.
5(Source: P.A. 98-253, eff. 8-9-13.)
 
6    Section 10. The Criminal Code of 2012 is amended by
7changing Section 24-2 as follows:
 
8    (720 ILCS 5/24-2)
9    Sec. 24-2. Exemptions.
10    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
12the following:
13        (1) Peace officers, and any person summoned by a peace
14    officer to assist in making arrests or preserving the
15    peace, while actually engaged in assisting such officer.
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    while in the performance of their official duty, or while
20    commuting between their homes and places of employment.
21        (3) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard or the
23    Reserve Officers Training Corps, while in the performance
24    of their official duty.

 

 

SB0548- 28 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 29 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 30 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 31 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 32 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 33 -LRB102 11350 SPS 16683 b

1    Regulatory Commission.
2        (14) Manufacture, transportation, or sale of weapons
3    to persons authorized under subdivisions (1) through
4    (13.5) of this subsection to possess those weapons.
5    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect any person carrying a concealed pistol, revolver,
7or handgun and the person has been issued a currently valid
8license under the Firearm Concealed Carry Act at the time of
9the commission of the offense.
10     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
11to or affect a qualified current or retired law enforcement
12officer qualified under the laws of this State or under the
13federal Law Enforcement Officers Safety Act.
14    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16        (1) Members of any club or organization organized for
17    the purpose of practicing shooting at targets upon
18    established target ranges, whether public or private, and
19    patrons of such ranges, while such members or patrons are
20    using their firearms on those target ranges.
21        (2) Duly authorized military or civil organizations
22    while parading, with the special permission of the
23    Governor.
24        (3) Hunters, trappers or fishermen with a license or
25    permit while engaged in hunting, trapping or fishing.
26        (4) Transportation of weapons that are broken down in

 

 

SB0548- 34 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 35 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 36 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 37 -LRB102 11350 SPS 16683 b

1    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
2to:
3        (1) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, while in
5    the performance of their official duty.
6        (2) Bonafide collectors of antique or surplus military
7    ordnance.
8        (3) Laboratories having a department of forensic
9    ballistics, or specializing in the development of
10    ammunition or explosive ordnance.
11        (4) Commerce, preparation, assembly or possession of
12    explosive bullets by manufacturers of ammunition licensed
13    by the federal government, in connection with the supply
14    of those organizations and persons exempted by subdivision
15    (g)(1) of this Section, or like organizations and persons
16    outside this State, or the transportation of explosive
17    bullets to any organization or person exempted in this
18    Section by a common carrier or by a vehicle owned or leased
19    by an exempted manufacturer.
20    (g-5) Subsection 24-1(a)(6) does not apply to or affect
21persons licensed under federal law to manufacture any device
22or attachment of any kind designed, used, or intended for use
23in silencing the report of any firearm, firearms, or
24ammunition for those firearms equipped with those devices, and
25actually engaged in the business of manufacturing those
26devices, firearms, or ammunition, but only with respect to

 

 

SB0548- 38 -LRB102 11350 SPS 16683 b

1activities that are within the lawful scope of that business,
2such as the manufacture, transportation, or testing of those
3devices, firearms, or ammunition. This exemption does not
4authorize the general private possession of any device or
5attachment of any kind designed, used, or intended for use in
6silencing the report of any firearm, but only such possession
7and activities as are within the lawful scope of a licensed
8manufacturing business described in this subsection (g-5).
9During transportation, these devices shall be detached from
10any weapon or not immediately accessible.
11    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect any parole agent or parole
13supervisor who meets the qualifications and conditions
14prescribed in Section 3-14-1.5 of the Unified Code of
15Corrections.
16    (g-7) Subsection 24-1(a)(6) does not apply to a peace
17officer while serving as a member of a tactical response team
18or special operations team. A peace officer may not personally
19own or apply for ownership of a device or attachment of any
20kind designed, used, or intended for use in silencing the
21report of any firearm. These devices shall be owned and
22maintained by lawfully recognized units of government whose
23duties include the investigation of criminal acts.
24    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
26athlete's possession, transport on official Olympic and

 

 

SB0548- 39 -LRB102 11350 SPS 16683 b

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

 

 

SB0548- 40 -LRB102 11350 SPS 16683 b

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