Full Text of SB0463 095th General Assembly
SB0463 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0463
Introduced 2/8/2007, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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Amends the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Replaces references to "firearm authorization card" with "firearm control card" throughout the Act. Makes changes in the definitions of "branch office" and "private alarm contractor". Adds a provision concerning continuing education for licensed private detectives and licensed private security contractors. Makes changes to provisions concerning the training of employees of licensees, qualifications for licensure as a private alarm contractor, uniforms, qualifications of licensure as a locksmith agency, and the Private Detective, Private Alarm, Private Security, and Locksmith Board. Amends the Criminal Code of 1961 to make corresponding changes. Effective immediately.
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A BILL FOR
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, and
Locksmith Act of 2004 is amended by changing | 6 |
| Sections 5-10, 10-25, 10-30, 15-25, 20-10, 20-20, 25-20, 25-30, | 7 |
| 30-15, 35-10, 35-25, 35-30, 35-35, 35-40, 35-45, 40-10, 45-50, | 8 |
| 45-55, and 50-10 and by adding Sections 15-20 and 25-25 as | 9 |
| follows:
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| (225 ILCS 447/5-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 5-10. Definitions. As used in this Act:
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| "Advertisement" means any printed material that is | 14 |
| published in a phone book,
newspaper, magazine, pamphlet, | 15 |
| newsletter, or other similar type of publication
that is
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| intended to either attract business or merely provide contact | 17 |
| information to
the public for
an agency or licensee. | 18 |
| Advertisement shall include any material disseminated by
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| printed or electronic means or media, but shall not include a | 20 |
| licensee's or an
agency's
letterhead, business cards, or other | 21 |
| stationery used in routine business
correspondence or
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| customary name, address, and number type listings in a | 23 |
| telephone directory.
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| "Alarm system" means any system, including an electronic | 2 |
| access control
system, a
surveillance video system, a security | 3 |
| video system, a burglar alarm system, a
fire alarm
system, or | 4 |
| any other electronic system, that activates an audible, | 5 |
| visible,
remote, or
recorded signal that is designed for the | 6 |
| protection or detection of intrusion,
entry, theft,
fire, | 7 |
| vandalism, escape, or trespass.
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| "Armed employee" means a licensee or registered person who | 9 |
| is employed by an
agency licensed or an armed proprietary | 10 |
| security force registered under this
Act who carries a weapon | 11 |
| while engaged in the
performance
of official duties within the | 12 |
| course and scope of his or her employment during
the hours
and | 13 |
| times the employee is scheduled to work or is commuting between | 14 |
| his or her
home or
place of employment, provided that commuting | 15 |
| is accomplished within one hour
from
departure from home or | 16 |
| place of employment.
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| "Armed proprietary security force" means a security force | 18 |
| made up of 5 or
more
armed individuals employed by a private, | 19 |
| commercial, or industrial operation or
one or
more armed | 20 |
| individuals employed by a financial institution as security | 21 |
| officers
for the
protection of persons or property.
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| "Board" means the Private Detective, Private Alarm, | 23 |
| Private Security, and
Locksmith Board.
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| "Branch office" means a business location removed from the | 25 |
| place of business
for which an agency license has been issued, | 26 |
| including but not limited to
locations where active employee |
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| records that are required to be maintained
under this Act are | 2 |
| kept, where prospective new
employees
are processed, or where | 3 |
| members of the public are invited in to transact
business , or | 4 |
| any address advertised to the public that is not the address | 5 |
| for the license issued by the Department . A
branch office does | 6 |
| not include an office or other facility located on the
property | 7 |
| of an
existing client that is utilized solely for the benefit | 8 |
| of that client and is
not owned or
leased by the agency.
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| "Corporation" means an artificial person or legal entity | 10 |
| created by or under
the
authority of the laws of a state, | 11 |
| including without limitation a corporation,
limited liability | 12 |
| company, or any other legal entity.
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| "Department" means the Department of Professional | 14 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Employee" means a person who works for a person or agency | 17 |
| that has the
right to
control the details of the work performed | 18 |
| and is not dependent upon whether or
not
federal or state | 19 |
| payroll taxes are withheld.
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| "Fire alarm system" means any system that is activated by | 21 |
| an automatic or
manual device in the detection of smoke, heat, | 22 |
| or fire that activates an
audible, visible, or
remote signal | 23 |
| requiring a response.
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| "Firearm control
authorization card" means a card issued by | 25 |
| the Department that
authorizes
the holder , who has complied | 26 |
| with the training and other requirements of this Act, to carry |
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| a weapon during the performance of his or her duties as
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| specified in
this Act.
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| "Firm" means an unincorporated business entity, including | 4 |
| but not limited to
proprietorships and partnerships.
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| "Locksmith" means
a person who engages in a business or | 6 |
| holds himself out to the public as
providing a service that | 7 |
| includes, but is not limited to, the servicing,
installing, | 8 |
| originating first keys, re-coding, repairing, maintaining,
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| manipulating, or bypassing of a mechanical or electronic | 10 |
| locking device, access
control or video surveillance system at | 11 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 12 |
| automatic teller machines.
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| "Locksmith agency" means a person, firm, corporation, or | 14 |
| other legal entity
that engages
in the
locksmith business and | 15 |
| employs, in addition to the locksmith
licensee-in-charge, at | 16 |
| least
one other person in conducting such business.
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| "Locksmith licensee-in-charge" means a person who has been | 18 |
| designated by
agency to be the licensee-in-charge of an agency,
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| who is a
full-time management employee or owner who assumes | 20 |
| sole responsibility
for
maintaining all records required by | 21 |
| this Act, and who assumes sole
responsibility for
assuring the | 22 |
| licensed agency's compliance with its responsibilities as | 23 |
| stated
in this Act. The Department shall adopt rules mandating | 24 |
| licensee-in-charge
participation in agency affairs.
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| "Peace officer" or "police officer" means a person who, by | 26 |
| virtue of office
or
public
employment, is vested by law with a |
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| duty to maintain public order or to make
arrests for
offenses, | 2 |
| whether that duty extends to all offenses or is limited to | 3 |
| specific
offenses.
Officers, agents, or employees of the | 4 |
| federal government commissioned by
federal
statute
to make | 5 |
| arrests for violations of federal laws are considered peace | 6 |
| officers.
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| "Permanent employee registration card" means a card issued | 8 |
| by the Department
to an
individual who has applied to the | 9 |
| Department and meets the requirements for
employment by a | 10 |
| licensed agency under this Act.
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| "Person" means a natural person.
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| "Private alarm contractor" means a person who engages in a | 13 |
| business that
individually or through others undertakes, | 14 |
| offers to undertake, purports to
have the
capacity to | 15 |
| undertake, or submits a bid to sell, install, design, monitor, | 16 |
| maintain,
alter, repair,
replace, or service alarm and other | 17 |
| security-related systems or parts thereof,
including fire
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| alarm systems, at protected premises or premises to be | 19 |
| protected or responds to
alarm
systems at a protected premises | 20 |
| on an emergency basis and not as a full-time
security officer. | 21 |
| "Private alarm contractor" does not include a person, firm,
or
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| corporation that
manufactures or sells alarm systems
only from | 23 |
| its place of business and does not sell, install, monitor, | 24 |
| maintain,
alter, repair, replace, service, or respond to alarm | 25 |
| systems at protected
premises or premises to be protected.
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| "Private alarm contractor agency" means a person, |
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| corporation, or other
entity
that
engages in the private alarm | 2 |
| contracting business and employs, in addition to
the private
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| alarm contractor-in-charge, at least one other person in | 4 |
| conducting such
business.
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| "Private alarm contractor licensee-in-charge" means a | 6 |
| person who has been
designated by an
agency to be the | 7 |
| licensee-in-charge of an agency, who is a full-time management
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| employee or owner who
assumes sole
responsibility for | 9 |
| maintaining all records required by this Act, and who
assumes
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| sole
responsibility for assuring the licensed agency's | 11 |
| compliance with its
responsibilities as
stated in this Act.
The | 12 |
| Department shall adopt rules mandating licensee-in-charge | 13 |
| participation in
agency affairs.
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| "Private detective" means any person who by any means, | 15 |
| including but not
limited to manual or electronic methods, | 16 |
| engages in the business of, accepts
employment
to furnish, or | 17 |
| agrees to make or makes investigations for a fee or other
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| consideration to
obtain information relating to:
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| (1) Crimes or wrongs done or threatened against the | 20 |
| United States, any
state or
territory of the United States, | 21 |
| or any local government of a state or
territory.
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| (2) The identity, habits, conduct, business | 23 |
| occupation, honesty,
integrity,
credibility, knowledge, | 24 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 25 |
| whereabouts, affiliations, associations, transactions, | 26 |
| acts,
reputation, or character of any person, firm, or |
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| other entity by any means,
manual or electronic.
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| (3) The location, disposition, or recovery of lost or | 3 |
| stolen property.
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| (4) The cause, origin, or responsibility for fires, | 5 |
| accidents, or injuries
to
individuals or real or personal | 6 |
| property.
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| (5) The truth or falsity of any statement or | 8 |
| representation.
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| (6) Securing evidence to be used before any court, | 10 |
| board, or investigating
body.
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| (7) The protection of individuals from bodily harm or | 12 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 14 |
| proceedings without court
order.
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| "Private detective agency" means a person, firm, | 16 |
| corporation, or other legal
entity that engages
in the
private | 17 |
| detective business and employs, in addition to the | 18 |
| licensee-in-charge,
one or more
persons in conducting such | 19 |
| business.
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| "Private detective licensee-in-charge" means a person who | 21 |
| has been designated
by an agency
to be the licensee-in-charge | 22 |
| of an
agency,
who is a full-time management employee or owner
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| who assumes sole
responsibility
for
maintaining all records | 24 |
| required by this Act, and who assumes sole
responsibility
for | 25 |
| assuring
the licensed agency's compliance with its | 26 |
| responsibilities as stated in this
Act. The Department shall |
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| adopt rules mandating licensee-in-charge
participation in | 2 |
| agency affairs.
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| "Private security contractor" means a person who engages in | 4 |
| the business of
providing a private security officer, watchman, | 5 |
| patrol, or a similar service by
any other
title or name on a | 6 |
| contractual basis for another person, firm, corporation, or
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| other entity
for a fee or other consideration and performing | 8 |
| one or more of the following
functions:
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| (1) The prevention or detection of intrusion, entry, | 10 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 11 |
| governmental property.
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| (2) The prevention, observation, or detection of any | 13 |
| unauthorized activity
on
private or governmental property.
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| (3) The protection of persons authorized to be on the | 15 |
| premises of the
person,
firm, or other entity for which the | 16 |
| security contractor contractually provides
security | 17 |
| services.
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| (4) The prevention of the misappropriation or | 19 |
| concealment of goods, money,
bonds, stocks, notes, | 20 |
| documents, or papers.
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| (5) The control, regulation, or direction of the | 22 |
| movement of the public
for
the
time specifically required | 23 |
| for the protection of property owned or controlled
by the | 24 |
| client.
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| (6) The protection of individuals from bodily harm or | 26 |
| death (bodyguard
functions).
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| "Private security contractor agency" means a person, firm, | 2 |
| corporation, or
other legal entity that
engages in
the private | 3 |
| security contractor business and that employs, in addition to | 4 |
| the
licensee-in-charge, one or more persons in conducting such | 5 |
| business.
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| "Private security contractor licensee-in-charge" means a | 7 |
| person who has been
designated by an agency to be the
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| licensee-in-charge of an
agency, who is a full-time management | 9 |
| employee or owner
who assumes sole responsibility for | 10 |
| maintaining all records required by this
Act, and who
assumes | 11 |
| sole responsibility for assuring the licensed agency's | 12 |
| compliance with
its
responsibilities as
stated in this Act. The | 13 |
| Department shall adopt rules mandating
licensee-in-charge | 14 |
| participation in agency affairs.
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| "Public member" means a person who is not a licensee or | 16 |
| related to a
licensee, or who is not an employer or employee of | 17 |
| a licensee. The term
"related to" shall be determined by the | 18 |
| rules of the Department.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/10-25)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-25. Issuance of license; renewal; fees.
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| (a) The Department shall, upon the applicant's | 24 |
| satisfactory completion of
the requirements set forth in this | 25 |
| Act and upon receipt of the fee, issue the
license indicating |
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| the name and business location of the licensee and the date
of | 2 |
| expiration.
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| (b) An applicant may, upon satisfactory completion of the | 4 |
| requirements set
forth in this Act and upon receipt of fees | 5 |
| related to the application and
testing for licensure, elect to | 6 |
| defer the issuance of the applicant's initial
license for a | 7 |
| period not longer than 6 years. An applicant who fails to | 8 |
| request
issuance of his or her initial license or agency | 9 |
| license and to remit the fees
required for that license within | 10 |
| 6 years shall be required to resubmit an
application together | 11 |
| with all required fees.
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| (c) The expiration date, renewal period, and conditions for | 13 |
| renewal and
restoration of each license, permanent employee | 14 |
| registration card, and firearm
control
authorization card | 15 |
| shall be set by rule. The holder may renew the license,
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| permanent employee registration card, or firearm control
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| authorization card during the
30 days preceding its expiration | 18 |
| by paying the required fee and by meeting
conditions that the | 19 |
| Department may specify. Any license holder who notifies the
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| Department on forms prescribed by
the Department may place his | 21 |
| or her license on inactive status for a period of
not longer | 22 |
| than 6 years and shall, subject to the rules of the Department, | 23 |
| be
excused from payment of renewal fees until the license | 24 |
| holder notifies the
Department, in writing, of an intention to | 25 |
| resume active status. Practice while
on inactive status | 26 |
| constitutes unlicensed practice. A non-renewed license
that |
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| has lapsed for less than 6 years may be restored upon payment | 2 |
| of the
restoration fee and all lapsed renewal fees. A license | 3 |
| that has lapsed for more
than 6 years may be restored by paying | 4 |
| the required restoration fee and all
lapsed renewal fees and by | 5 |
| providing evidence of competence to resume practice
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| satisfactory to the Department and the Board, which may include | 7 |
| passing a
written examination. All restoration fees and lapsed | 8 |
| renewal fees shall be
waived for an applicant whose license | 9 |
| lapsed while on active duty in the armed
forces of the United | 10 |
| States if application for restoration is made within 12
months | 11 |
| after discharge from the service.
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| (d) Any permanent employee registration card expired for | 13 |
| less than one year
may be restored upon payment of lapsed | 14 |
| renewal fees. Any permanent employee
registration card expired | 15 |
| for one year or more may be restored by making
application to | 16 |
| the Department and filing proof acceptable to the Department of
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| the licensee's fitness to have the permanent employee | 18 |
| registration card
restored, including verification of
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| fingerprint processing through the Department of State Police | 20 |
| and Federal
Bureau of Investigation and paying the restoration | 21 |
| fee.
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| (Source: P.A. 93-438, eff. 8-5-03 .)
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| (225 ILCS 447/10-30)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-30. Unlawful acts. It is unlawful for a licensee
or |
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| an employee of a licensed agency:
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| (1) Upon termination of employment by the agency, to
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| fail to return upon demand or within 72 hours of | 4 |
| termination
of employment any firearm issued by the | 5 |
| employer together with
the employee's firearm control
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| authorization card.
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| (2) Upon termination of employment by the agency, to
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| fail to return within 72 hours of termination of employment
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| any uniform, badge, identification card, or equipment | 10 |
| issued,
but not sold, to the employee by the agency.
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| (3) To falsify the employee's statement required by
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| this Act.
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| (4) To have a badge, shoulder patch, or any other
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| identification that contains the words "law enforcement".
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| In addition, no license holder or employee of a licensed | 16 |
| agency
shall in any manner imply that the person is an | 17 |
| employee or
agent of a governmental agency or display a | 18 |
| badge or
identification card, emblem, or uniform citing the | 19 |
| words
"police", "sheriff", "highway patrol trooper", or | 20 |
| "law enforcement".
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/15-20 new)
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| (Section scheduled to be repealed on January 1, 2014) | 24 |
| Sec. 15-20. Continuing education. The Department must | 25 |
| adopt rules requiring continuing education for private |
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| detective licensees beginning January 1, 2009. The rules shall | 2 |
| set forth the amount of approved continuing education units | 3 |
| that each licensee must meet within every license renewal | 4 |
| period. The rules shall also allow exemptions for persons who | 5 |
| are serving in the Armed Forces of the United States or of this | 6 |
| State, persons who are ill for an extended period, and persons | 7 |
| who may have a hardship that would prevent full compliance with | 8 |
| this Section and the rules adopted thereunder. The rules shall | 9 |
| provide for the determination of course approval, as well as | 10 |
| for the approval of course sponsors. Each licensee shall be | 11 |
| responsible for maintaining all records relevant for | 12 |
| compliance and shall produce those records upon request by the | 13 |
| Department.
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| (225 ILCS 447/15-25)
| 15 |
| (Section scheduled to be repealed on January 1, 2014)
| 16 |
| Sec. 15-25. Training; private detective and employees.
| 17 |
| (a) Registered employees of a private detective agency
| 18 |
| shall complete, within 30 days of their employment, a minimum
| 19 |
| of 20 hours of training provided by a qualified instructor.
The | 20 |
| substance of the training shall be related to the work
| 21 |
| performed by the registered employee and shall include relevant | 22 |
| information as to the identification of terrorists, acts of | 23 |
| terrorism, and terrorist organizations, as defined by federal | 24 |
| and State statutes .
| 25 |
| (b) It is the responsibility of the employer to certify,
on |
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| a form provided by the Department, that the employee has
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| successfully completed the training. The form shall be a
| 3 |
| permanent record of training completed by the employee and
| 4 |
| shall be placed in the employee's file with the employer for
| 5 |
| the period the employee remains with the employer. An agency
| 6 |
| may place a notarized copy of the Department form in lieu of
| 7 |
| the original into the permanent employee registration card
| 8 |
| file. The original form shall be given to the employee when
his | 9 |
| or her employment is terminated. Failure to return the
original | 10 |
| form to the employee is grounds for disciplinary
action. The | 11 |
| employee shall not be required to repeat the
required training | 12 |
| once the employee has been issued the form.
An employer may | 13 |
| provide or require additional training.
| 14 |
| (c) Any certification of completion of the 20-hour basic
| 15 |
| training issued under the Private Detective, Private Alarm,
| 16 |
| Private Security, and Locksmith Act of 1993 or any prior Act
| 17 |
| shall be accepted as proof of training under this Act.
| 18 |
| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/20-10)
| 20 |
| (Section scheduled to be repealed on January 1, 2014)
| 21 |
| Sec. 20-10. Qualifications for licensure as a private
alarm | 22 |
| contractor.
| 23 |
| (a) A person is qualified for licensure as a private
alarm | 24 |
| contractor if he or she meets all of the following
| 25 |
| requirements:
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| (1) Is at least 21 years of age.
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| (2) Has not been convicted of any felony in any
| 3 |
| jurisdiction or at least 10 years have elapsed since the | 4 |
| time
of full discharge from a sentence imposed for a felony
| 5 |
| conviction.
| 6 |
| (3) Is of good moral character. Good moral
character is | 7 |
| a continuing requirement of licensure.
Conviction of | 8 |
| crimes other than felonies may be used in
determining moral | 9 |
| character, but shall not constitute an
absolute bar to | 10 |
| licensure.
| 11 |
| (4) Has not been declared by any court of competent
| 12 |
| jurisdiction to be incompetent by reason of mental or | 13 |
| physical
defect or disease, unless a court has subsequently | 14 |
| declared
him or her to be competent.
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| (5) Is not suffering from dependence on alcohol or
from | 16 |
| narcotic addiction or dependence.
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| (6) Has a minimum of 3 years experience of the 5
years | 18 |
| immediately preceding application working as a full-time
| 19 |
| manager for a licensed private alarm contractor agency or | 20 |
| for
an entity that designs, sells, installs, services, or | 21 |
| monitors
alarm systems that, in the judgment of the Board, | 22 |
| satisfies
the standards of alarm industry competence. An | 23 |
| applicant who
has received a 4-year degree or higher in | 24 |
| electrical
engineering or a related field from a program | 25 |
| approved by the
Board shall be given credit for 2 years of | 26 |
| the required
experience. An applicant who has successfully |
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| completed a
national certification program approved by the | 2 |
| Board shall be
given credit for one year of the required | 3 |
| experience.
| 4 |
| (7) Has not been dishonorably discharged from the
armed | 5 |
| forces of the United States.
| 6 |
| (8) Has passed an examination authorized by the
| 7 |
| Department.
| 8 |
| (9) Submits his or her fingerprints, proof of
having | 9 |
| general liability insurance required under subsection
(c), | 10 |
| and the required license fee.
| 11 |
| (10) Has not violated Section 10-5 of this Act.
| 12 |
| (b) (Blank).
A person is qualified to receive a license as | 13 |
| a private alarm contractor
without meeting the requirement of | 14 |
| item (8) of subsection (a) if he or she:
| 15 |
| (1) applies for a license between September 2, 2003 and | 16 |
| September 5, 2003
in writing on forms supplied by the
| 17 |
| Department;
| 18 |
| (2) provides proof of ownership of a licensed alarm | 19 |
| contractor agency;
and
| 20 |
| (3) provides proof of at least 7 years of experience in | 21 |
| the installation,
design, sales, repair, maintenance, | 22 |
| alteration, or service of alarm systems or
any other low | 23 |
| voltage electronic systems.
| 24 |
| (c) It is the responsibility of the applicant to obtain
| 25 |
| general liability insurance in an amount and coverage
| 26 |
| appropriate for the applicant's circumstances as determined by
|
|
|
|
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|
| 1 |
| rule. The applicant shall provide evidence of insurance to
the | 2 |
| Department before being issued a license. Failure to
maintain | 3 |
| general liability insurance and to provide the
Department with | 4 |
| written proof of the insurance shall result in
cancellation of | 5 |
| the license.
| 6 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 7 |
| (225 ILCS 447/20-20)
| 8 |
| (Section scheduled to be repealed on January 1, 2014)
| 9 |
| Sec. 20-20. Training; private alarm contractor and
| 10 |
| employees.
| 11 |
| (a) Registered employees of the private alarm contractor
| 12 |
| agency who carry a firearm and respond to alarm systems shall
| 13 |
| complete, within 30 days of their employment, a minimum of 20
| 14 |
| hours of classroom training provided by a qualified instructor
| 15 |
| and shall include all of the following subjects:
| 16 |
| (1) The law regarding arrest and search and seizure
as | 17 |
| it applies to the private alarm industry.
| 18 |
| (2) Civil and criminal liability for acts related
to | 19 |
| the private alarm industry.
| 20 |
| (3) The use of force, including but not limited to
the | 21 |
| use of nonlethal force (i.e., disabling spray, baton,
| 22 |
| stungun, or similar weapon).
| 23 |
| (4) Arrest and control techniques.
| 24 |
| (5) The offenses under the Criminal Code of 1961
that | 25 |
| are directly related to the protection of persons and
|
|
|
|
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|
| 1 |
| property.
| 2 |
| (6) The law on private alarm forces and on
reporting to | 3 |
| law enforcement agencies.
| 4 |
| (7) Fire prevention, fire equipment, and fire
safety.
| 5 |
| (8) Civil rights and public relations.
| 6 |
| (9) The identification of terrorists, acts of | 7 |
| terrorism, and terrorist organizations, as defined by | 8 |
| federal and State statutes.
| 9 |
| (b) All other employees of a private alarm contractor
| 10 |
| agency shall complete a minimum of 20 hours of training
| 11 |
| provided by a qualified instructor within 30 days of their
| 12 |
| employment. The substance of the training shall be related to
| 13 |
| the work performed by the registered employee.
| 14 |
| (c) It is the responsibility of the employer to certify,
on | 15 |
| forms provided by the Department, that the employee
has | 16 |
| successfully completed the training. The form shall be a
| 17 |
| permanent record of training completed by the employee and
| 18 |
| shall be placed in the employee's file with the employer for
| 19 |
| the term the employee is retained by the
employer. A private | 20 |
| alarm contractor agency may place a
notarized copy of the | 21 |
| Department form in lieu of the original
into the permanent | 22 |
| employee registration card file. The
form shall be returned to | 23 |
| the employee when his
or her employment is terminated. Failure | 24 |
| to return the
form to the employee is grounds for discipline. | 25 |
| The employee shall not be
required to
complete the training | 26 |
| required under this Act
once the employee has been issued a |
|
|
|
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| 1 |
| form.
| 2 |
| (d) Nothing in this Act prevents any employer from
| 3 |
| providing or requiring additional training beyond the required
| 4 |
| 20 hours that the employer feels is necessary and appropriate
| 5 |
| for competent job performance.
| 6 |
| (e) Any certification of completion of the 20-hour
basic | 7 |
| training issued under the Private Detective, Private
Alarm, | 8 |
| Private Security, and Locksmith Act of 1993 or any
prior Act | 9 |
| shall be accepted as proof of training under this
Act.
| 10 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 11 |
| (225 ILCS 447/25-20)
| 12 |
| (Section scheduled to be repealed on January 1, 2014)
| 13 |
| Sec. 25-20. Training; private security contractor and
| 14 |
| employees.
| 15 |
| (a) Registered employees of the private security
| 16 |
| contractor agency who provide traditional guarding or other
| 17 |
| private security related functions or who respond to alarm
| 18 |
| systems shall complete, within 30 days of their employment, a
| 19 |
| minimum of 20 hours of classroom basic training provided by a
| 20 |
| qualified instructor, which shall include the following
| 21 |
| subjects:
| 22 |
| (1) The law regarding arrest and search and seizure
as | 23 |
| it applies to private security.
| 24 |
| (2) Civil and criminal liability for acts related
to | 25 |
| private security.
|
|
|
|
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|
| 1 |
| (3) The use of force, including but not limited to
the | 2 |
| use of nonlethal force (i.e., disabling spray, baton,
| 3 |
| stungun or similar weapon).
| 4 |
| (4) Arrest and control techniques.
| 5 |
| (5) The offenses under the Criminal Code of 1961
that | 6 |
| are directly related to the protection of persons and
| 7 |
| property.
| 8 |
| (6) The law on private security forces and on
reporting | 9 |
| to law enforcement agencies.
| 10 |
| (7) Fire prevention, fire equipment, and fire
safety.
| 11 |
| (8) The procedures for service of process and for
| 12 |
| report writing.
| 13 |
| (9) Civil rights and public relations.
| 14 |
| (10) The identification of terrorists, acts of | 15 |
| terrorism, and terrorist organizations, as defined by | 16 |
| federal and State statutes.
| 17 |
| (b) All other employees of a private security contractor
| 18 |
| agency shall complete a minimum of 20 hours of training
| 19 |
| provided by the qualified instructor within 30 days of their
| 20 |
| employment. The substance of the training shall be related to
| 21 |
| the work performed by the registered employee.
| 22 |
| (c) Registered employees of the private security | 23 |
| contractor agency who
provide
guarding or other private | 24 |
| security related functions, in addition to the
classroom | 25 |
| training
required under subsection (a), within 6 months of | 26 |
| their employment,
shall complete
an additional 8 hours of |
|
|
|
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LRB095 07222 RAS 27357 b |
|
| 1 |
| training on subjects to be determined by the
employer, which
| 2 |
| training may be site-specific and may be conducted on the job.
| 3 |
| (d) In addition to the basic training provided for in | 4 |
| subsections (a) and
(c),
registered employees of the private | 5 |
| security contractor agency who provide
guarding or other
| 6 |
| private security related functions
shall complete an
| 7 |
| additional
8 hours of refresher training on subjects to be | 8 |
| determined by the
employer
each calendar year commencing with | 9 |
| the
calendar year
following the employee's first employment | 10 |
| anniversary date,
which
refresher training may be | 11 |
| site-specific and may be conducted on the job.
| 12 |
| (e) It is the responsibility of the employer to certify,
on | 13 |
| a form provided by the Department, that the employee has
| 14 |
| successfully completed the basic and refresher training. The
| 15 |
| form shall be a permanent record of training completed by the
| 16 |
| employee and shall be placed in the employee's file with the
| 17 |
| employer for the period the employee remains with the
employer. | 18 |
| An agency may place a notarized copy of the
Department form in | 19 |
| lieu of the original into the permanent
employee registration | 20 |
| card file. The original form shall be
given to the employee | 21 |
| when his or her employment is
terminated. Failure to return the | 22 |
| original form to the
employee is grounds for disciplinary | 23 |
| action. The employee
shall not be required to repeat the | 24 |
| required training once the
employee has been issued the form. | 25 |
| An employer may provide or
require additional training.
| 26 |
| (f) Any certification of completion of the 20-hour basic
|
|
|
|
SB0463 |
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|
| 1 |
| training issued under the Private Detective, Private Alarm,
| 2 |
| Private Security and Locksmith Act of 1993 or any prior Act
| 3 |
| shall be accepted as proof of training under this Act.
| 4 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 5 |
| (225 ILCS 447/25-25 new)
| 6 |
| (Section scheduled to be repealed on January 1, 2014) | 7 |
| Sec. 25-25. Continuing education. The Department must | 8 |
| adopt rules requiring continuing education for private | 9 |
| security contractor licensees beginning January 1, 2009. The | 10 |
| rules must set forth the amount of approved continuing | 11 |
| education units that each licensee shall meet within every | 12 |
| license renewal period. The rules shall also allow exemptions | 13 |
| for persons who are serving in the Armed Forces of the United | 14 |
| States or of this State, persons who are ill for an extended | 15 |
| period, and persons who may have a hardship that would prevent | 16 |
| full compliance with this Section and the rules adopted | 17 |
| thereunder. The rules shall provide for the determination of | 18 |
| course approval, as well as for the approval of course | 19 |
| sponsors. Each licensee shall be responsible for maintaining | 20 |
| all records relevant for compliance and shall produce those | 21 |
| records upon request by the Department.
| 22 |
| (225 ILCS 447/25-30)
| 23 |
| (Section scheduled to be repealed on January 1, 2014)
| 24 |
| Sec. 25-30. Uniforms.
|
|
|
|
SB0463 |
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|
| 1 |
| (a) No licensee under this Act or any employee of a
| 2 |
| licensed agency shall wear or display a badge, shoulder patch
| 3 |
| or other identification that contains the words "law
| 4 |
| enforcement". No license holder or employee of a licensed
| 5 |
| agency shall imply in any manner that the person is an
employee | 6 |
| or agent of a governmental entity, display a badge or
| 7 |
| identification card, emblem, or uniform using the words
| 8 |
| "police", "sheriff", "highway patrol", "trooper", "law
| 9 |
| enforcement" or any similar term.
| 10 |
| (b) All military-style uniforms, if worn , by
employees of a | 11 |
| licensed private security contractor agency,
must bear the name | 12 |
| of the private security contractor agency,
which shall be | 13 |
| plainly visible on a patch, badge, or other
insignia.
| 14 |
| (c) All uniforms, if worn by employees of a licensed | 15 |
| private security contractor agency, may only be worn in the | 16 |
| performance of their duties or while commuting directly to or | 17 |
| from the employee's place or places of employment, provided | 18 |
| this is accomplished within one hour from departure from home | 19 |
| or place of employment.
| 20 |
| (Source: P.A. 93-438, eff. 8-5-03 .)
| 21 |
| (225 ILCS 447/30-15)
| 22 |
| (Section scheduled to be repealed on January 1, 2014)
| 23 |
| Sec. 30-15. Qualifications for licensure as a locksmith
| 24 |
| agency.
| 25 |
| (a) Upon receipt of the required fee and proof that the
|
|
|
|
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|
| 1 |
| applicant is an Illinois licensed locksmith who shall assume
| 2 |
| responsibility for the operation of the agency and the
directed | 3 |
| actions of the agency's employees, which is a
continuing | 4 |
| requirement for agency licensure, the Department
shall issue a | 5 |
| license as a locksmith
agency to any of the following:
| 6 |
| (1) An individual who submits an application and is
a | 7 |
| licensed locksmith under this Act.
| 8 |
| (2) A firm that submits an application and all of
the | 9 |
| members of the firm are licensed locksmiths under this
Act.
| 10 |
| (3) A corporation or limited liability company
located
| 11 |
| doing business in Illinois that is authorized by its | 12 |
| articles
of incorporation or organization to engage in the | 13 |
| business of
conducting a locksmith agency if at least one | 14 |
| officer or
executive employee is a licensed locksmith under | 15 |
| this Act and
all unlicensed officers and directors of the | 16 |
| corporation or
limited liability company are determined by | 17 |
| the Department to
be persons of good moral character.
| 18 |
| (4) A corporation or limited liability company not | 19 |
| located in Illinois that is authorized by its articles of | 20 |
| incorporation or organization to engage in the business of | 21 |
| conducting a locksmith agency providing the | 22 |
| licensee-in-charge either reports full-time to a local | 23 |
| locksmith agency office or is a full-time resident of | 24 |
| Illinois.
| 25 |
| (b) An individual licensed as a locksmith operating
under a | 26 |
| business name other
than the licensed locksmith's own name |
|
|
|
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LRB095 07222 RAS 27357 b |
|
| 1 |
| shall not be required
to obtain a locksmith agency license if | 2 |
| that licensed
locksmith does not employ any persons to engage | 3 |
| in the
practice of locksmithing and registers under the Assumed | 4 |
| Business Name Act .
| 5 |
| (c) No locksmith may be the locksmith licensee in-charge | 6 |
| for more than one
locksmith agency. Upon written
request by a | 7 |
| representative of the agency, within 10 days
after the loss of | 8 |
| a locksmith-in-charge of an agency because
of the death of that | 9 |
| individual or because of the termination
of the employment of | 10 |
| that individual, the Department shall
issue a temporary | 11 |
| certificate of authority allowing the
continuing operation of | 12 |
| the licensed agency. No temporary
certificate of authority | 13 |
| shall be valid for more than 90 days.
An extension of an | 14 |
| additional 90 days may be granted upon
written request by the | 15 |
| representative of the agency. Not more
than 2 extensions may be | 16 |
| granted to any agency. No temporary
permit shall be issued for | 17 |
| loss of the licensee-in-charge because of
disciplinary action | 18 |
| by
the Department related to his or her conduct on behalf of | 19 |
| the
agency.
| 20 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 21 |
| (225 ILCS 447/35-10)
| 22 |
| (Section scheduled to be repealed on January 1, 2014)
| 23 |
| Sec. 35-10. Inspection of facilities. Each licensee shall
| 24 |
| permit his or her office facilities and registered employee
| 25 |
| files to be audited or inspected at reasonable times and in a
|
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| reasonable manner upon at least 24 hours notice by the | 2 |
| Department.
| 3 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 4 |
| (225 ILCS 447/35-25)
| 5 |
| (Section scheduled to be repealed on January 1, 2014)
| 6 |
| Sec. 35-25. Duplicate licenses. If a license, permanent
| 7 |
| employee registration card, or firearm control
authorization
| 8 |
| card is
lost, a duplicate shall be issued upon proof of such | 9 |
| loss
together with the payment of the required fee. If a | 10 |
| licensee
decides to change his or her name, the Department | 11 |
| shall issue
a license in the new name upon proof that the | 12 |
| change was done
pursuant to law and payment of the required | 13 |
| fee. Notification
of a name change shall be made to the | 14 |
| Department within 30
days after the change.
| 15 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 16 |
| (225 ILCS 447/35-30)
| 17 |
| (Section scheduled to be repealed on January 1, 2014)
| 18 |
| Sec. 35-30. Employee requirements. All employees of a
| 19 |
| licensed agency, other than those exempted, shall apply for a
| 20 |
| permanent employee registration card. The holder of an agency
| 21 |
| license issued under this Act, known in this Section as
| 22 |
| "employer", may employ in the conduct of his or her business
| 23 |
| employees under the following provisions:
| 24 |
| (a)
(1) No person shall be issued a permanent employee
|
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| registration card who:
| 2 |
| (1)
(A) Is younger than 18 years of age.
| 3 |
| (2)
(B) Is younger than 21 years of age if the
services | 4 |
| will include being armed.
| 5 |
| (3)
(C) Has been determined by the Department to
be | 6 |
| unfit by reason of conviction of an offense in this or
| 7 |
| another state, other than a traffic offense. The Department
| 8 |
| shall adopt rules for making those determinations that | 9 |
| shall
afford the applicant due process of law.
| 10 |
| (4)
(D) Has had a license or permanent employee
| 11 |
| registration card denied, suspended, or revoked under this | 12 |
| Act (i) within one
year before the date the
person's | 13 |
| application for permanent employee registration card
is | 14 |
| received by the Department; and (ii) that refusal, denial,
| 15 |
| suspension, or revocation was based on any provision of | 16 |
| this
Act other than Section 40-50,
item (6) or (8) of | 17 |
| subsection (a) of Section 15-10, subsection (b) of Section
| 18 |
| 15-10, item (6) or (8) of subsection (a) of Section 20-10, | 19 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 20 |
| subsection (a) of Section 25-10, subsection
(b) of Section | 21 |
| 25-10, item (7) of subsection (a) of Section 30-10,
| 22 |
| subsection (b) of Section 30-10, or Section 10-40.
| 23 |
| (5)
(E) Has been declared incompetent by any court
of | 24 |
| competent jurisdiction by reason of mental disease or
| 25 |
| defect and has not been restored.
| 26 |
| (6)
(F) Has been dishonorably discharged from the
armed |
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| services of the United States.
| 2 |
| (b)
(2) No person may be employed by a private
detective | 3 |
| agency, private security contractor agency, private
alarm | 4 |
| contractor agency, or locksmith agency under this
Section until | 5 |
| he or she has executed and furnished to the
employer, on forms | 6 |
| furnished by the Department, a verified
statement to be known | 7 |
| as "Employee's Statement" setting forth:
| 8 |
| (1)
(A) The person's full name, age, and residence
| 9 |
| address.
| 10 |
| (2)
(B) The business or occupation engaged in for
the 5 | 11 |
| years immediately before the date of the execution of
the | 12 |
| statement, the place where the business or occupation was
| 13 |
| engaged in, and the names of employers, if any.
| 14 |
| (3)
(C) That the person has not had a license or
| 15 |
| employee registration denied, revoked, or suspended under | 16 |
| this
Act (i) within one year before the date the person's | 17 |
| application
for permanent employee registration card is | 18 |
| received by the
Department; and (ii) that refusal, denial, | 19 |
| suspension, or
revocation was based on any provision of | 20 |
| this Act other than
Section 40-50,
item (6) or (8) of | 21 |
| subsection (a) of Section 15-10, subsection (b) of Section
| 22 |
| 15-10, item (6) or (8) of subsection (a) of Section 20-10, | 23 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 24 |
| subsection (a) of Section 25-10, subsection
(b) of Section | 25 |
| 25-10, item (7) of subsection (a) of Section 30-10,
| 26 |
| subsection (b) of Section 30-10, or Section 10-40.
|
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| (4)
(D) Any conviction of a felony or misdemeanor.
| 2 |
| (5)
(E) Any declaration of incompetence by a court
of | 3 |
| competent jurisdiction that has not been restored.
| 4 |
| (6)
(F) Any dishonorable discharge from the armed
| 5 |
| services of the United States.
| 6 |
| (7) Satisfactory proof of United States citizenship or | 7 |
| at least 3 years of legal status and residency in the | 8 |
| United States.
| 9 |
| (8)
(G) Any other information as may be required by
any | 10 |
| rule of the Department to show the good character,
| 11 |
| competency, and integrity of the person executing the
| 12 |
| statement.
| 13 |
| (c) Each applicant for a permanent employee registration
| 14 |
| card shall have his or her fingerprints submitted to the
| 15 |
| Department of State Police in an electronic format that
| 16 |
| complies with the form and manner for requesting and
furnishing | 17 |
| criminal history record information as prescribed
by the | 18 |
| Department of State Police. These fingerprints shall
be checked | 19 |
| against the Department of State Police and Federal
Bureau of | 20 |
| Investigation criminal history record databases now
and | 21 |
| hereafter filed. The Department of State Police shall
charge | 22 |
| applicants a fee for conducting the criminal history
records | 23 |
| check, which shall be deposited in the State Police
Services | 24 |
| Fund and shall not exceed the actual cost of the
records check. | 25 |
| The Department of State Police shall furnish,
pursuant to | 26 |
| positive identification, records of Illinois
convictions to |
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| the Department. The Department may require
applicants to pay a | 2 |
| separate fingerprinting fee, either to the
Department or | 3 |
| directly to the vendor. The Department, in
its discretion, may | 4 |
| allow an applicant who does not have
reasonable access to a | 5 |
| designated vendor to provide his or her
fingerprints in an | 6 |
| alternative manner. The
Department, in its discretion, may also | 7 |
| use other
procedures in performing or obtaining criminal | 8 |
| background
checks of applicants. Instead of submitting his or | 9 |
| her
fingerprints, an individual may submit proof that is
| 10 |
| satisfactory to the Department that an equivalent security
| 11 |
| clearance has been conducted. Also, an individual who has
| 12 |
| retired as a peace officer within 12 months of application may
| 13 |
| submit verification, on forms provided by the Department and
| 14 |
| signed by his or her employer, of his or her previous full-time | 15 |
| employment as a
peace officer.
| 16 |
| (d) The Department shall issue a permanent employee
| 17 |
| registration card, in a form the Department prescribes, to all
| 18 |
| qualified applicants.
The holder of a permanent employee | 19 |
| registration card shall
carry the card at all times while | 20 |
| actually engaged in the
performance of the duties of his or her | 21 |
| employment.
Expiration and requirements for renewal of | 22 |
| permanent employee
registration cards shall be established by | 23 |
| rule of the
Department. Possession of a permanent employee | 24 |
| registration
card does not in any way imply that the holder of | 25 |
| the card is
employed by an agency unless the permanent employee
| 26 |
| registration card is accompanied by the employee
|
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| identification card required by subsection (f) of this
Section.
| 2 |
| (e) Each employer shall maintain a record of each
employee | 3 |
| that is accessible to the duly authorized
representatives of | 4 |
| the Department. The record shall contain
the following | 5 |
| information:
| 6 |
| (1) A photograph taken within 10 days of the date
that | 7 |
| the employee begins employment with the employer. The
| 8 |
| photograph shall be replaced with a current photograph | 9 |
| every 3
calendar years.
| 10 |
| (2) The Employee's Statement specified in
subsection | 11 |
| (b) of this Section.
| 12 |
| (3) All correspondence or documents relating to the
| 13 |
| character and integrity of the employee received by the
| 14 |
| employer from any official source or law enforcement | 15 |
| agency.
| 16 |
| (4) In the case of former employees, the employee
| 17 |
| identification card of that person issued under subsection | 18 |
| (f)
of this Section. Each employee record shall duly note | 19 |
| if the
employee is employed in an armed capacity. Armed | 20 |
| employee
files shall contain a copy of an active firearm | 21 |
| owner's
identification card and a copy of an active firearm
| 22 |
| control
authorization card. Each employer shall maintain a | 23 |
| record for
each armed employee of each instance in which | 24 |
| the employee's
weapon was discharged during the course of | 25 |
| his or her
professional duties or activities. The record | 26 |
| shall be
maintained on forms provided by the Department, a |
|
|
|
SB0463 |
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| 1 |
| copy of
which must be filed with the Department within 15 | 2 |
| days of an
instance. The record shall include the date and | 3 |
| time of the
occurrence, the circumstances involved in the | 4 |
| occurrence, and
any other information as the Department may | 5 |
| require. Failure
to provide this information to the | 6 |
| Department or failure to
maintain the record as a part of | 7 |
| each armed employee's
permanent file is grounds for | 8 |
| disciplinary action. The
Department, upon receipt of a | 9 |
| report, shall have the authority
to make any investigation | 10 |
| it considers appropriate into any
occurrence in which an | 11 |
| employee's weapon was discharged and to
take disciplinary | 12 |
| action as may be appropriate.
| 13 |
| (5) The Department may, by rule, prescribe further
| 14 |
| record requirements.
| 15 |
| (f) Every employer shall furnish an employee
| 16 |
| identification card to each of his or her employees. This
| 17 |
| employee identification card shall contain a recent photograph
| 18 |
| of the employee, the employee's name, the name and agency
| 19 |
| license number of the employer, the employee's personal
| 20 |
| description, the signature of the employer, the signature of
| 21 |
| that employee, the date of issuance, and an employee
| 22 |
| identification card number.
| 23 |
| (g) No employer may issue an employee identification
card | 24 |
| to any person who is not employed by the employer in
accordance | 25 |
| with this Section or falsely state or represent
that a person | 26 |
| is or has been in his or her employ. It is
unlawful for an |
|
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LRB095 07222 RAS 27357 b |
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| applicant for registered employment to file
with the Department | 2 |
| the fingerprints of a person other than
himself or herself.
| 3 |
| (h) Every employer shall obtain the identification card
of | 4 |
| every employee who terminates employment with him or her.
| 5 |
| (i) Every employer shall maintain a separate roster of
the | 6 |
| names of all employees currently working in an armed
capacity | 7 |
| and submit the roster to the Department on request.
| 8 |
| (j) No agency may employ any person to perform a
licensed | 9 |
| activity under this Act unless the person possesses a
valid | 10 |
| permanent employee registration card or a valid license
under | 11 |
| this Act, or is exempt pursuant to subsection (n).
| 12 |
| (k) Notwithstanding the provisions of subsection (j), an
| 13 |
| agency may employ a person in a temporary capacity if all of
| 14 |
| the following conditions are met:
| 15 |
| (1) The agency completes in its entirety and
submits to | 16 |
| the Department an application for a permanent
employee | 17 |
| registration card, including the required fingerprint
| 18 |
| receipt and fees.
| 19 |
| (2) The agency has verification from the Department
| 20 |
| that the applicant has no record of any criminal conviction
| 21 |
| pursuant to the criminal history check conducted by the
| 22 |
| Department of State Police. The agency shall maintain the
| 23 |
| verification of the results of the Department of State | 24 |
| Police
criminal history check as part of the employee | 25 |
| record as
required under subsection (e) of this Section.
| 26 |
| (3) The agency exercises due diligence to ensure
that |
|
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LRB095 07222 RAS 27357 b |
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| 1 |
| the person is qualified under the requirements of the Act
| 2 |
| to be issued a permanent employee registration card.
| 3 |
| (4) The agency maintains a separate roster of the
names | 4 |
| of all employees whose applications are currently
pending | 5 |
| with the Department and submits the roster to the
| 6 |
| Department on a monthly basis. Rosters are to be maintained
| 7 |
| by the agency for a period of at least 24 months.
| 8 |
| An agency may employ only a permanent employee applicant
| 9 |
| for which it either submitted a permanent employee application
| 10 |
| and all required forms and fees or it confirms with the
| 11 |
| Department that a permanent employee application and all
| 12 |
| required forms and fees have been submitted by another agency,
| 13 |
| licensee or the permanent employee and all other requirements
| 14 |
| of this Section are met.
| 15 |
| The Department shall have the authority to revoke,
without | 16 |
| a hearing, the temporary authority of an individual to
work | 17 |
| upon receipt of Federal Bureau of Investigation
fingerprint | 18 |
| data or a report of another official authority
indicating a | 19 |
| criminal conviction. If the Department has not
received a | 20 |
| temporary employee's Federal Bureau of
Investigation | 21 |
| fingerprint data within 120 days of the date the
Department | 22 |
| received the Department of State Police fingerprint
data, the | 23 |
| Department may, at its discretion, revoke the
employee's | 24 |
| temporary authority to work with 15 days written
notice to the | 25 |
| individual and the employing agency.
| 26 |
| An agency may not employ a person in a temporary capacity
|
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LRB095 07222 RAS 27357 b |
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| if it knows or reasonably should have known that the person
has | 2 |
| been convicted of a crime under the laws of this State,
has | 3 |
| been convicted in another state of any crime that is a
crime | 4 |
| under the laws of this State, has been convicted of any
crime | 5 |
| in a federal court, or has been posted as an unapproved
| 6 |
| applicant by the Department. Notice by the Department to the
| 7 |
| agency, via certified mail, personal delivery, electronic
| 8 |
| mail, or posting on the Department's Internet site accessible
| 9 |
| to the agency that the person has been convicted of a crime
| 10 |
| shall be deemed constructive knowledge of the conviction on
the | 11 |
| part of the agency. The Department may adopt rules to
implement | 12 |
| this
subsection (k).
| 13 |
| (l) No person may be employed under this Section in any
| 14 |
| capacity if:
| 15 |
| (1) the person, while so employed, is being paid by
the | 16 |
| United States or any political subdivision for the time so
| 17 |
| employed in addition to any payments he or she may receive
| 18 |
| from the employer; or
| 19 |
| (2) the person wears any portion of his or her
official | 20 |
| uniform, emblem of authority, or equipment while so
| 21 |
| employed.
| 22 |
| (m) If information is discovered affecting the
| 23 |
| registration of a person whose fingerprints were submitted
| 24 |
| under this Section, the Department shall so notify the agency
| 25 |
| that submitted the fingerprints on behalf of that person.
| 26 |
| (n) Peace officers shall be exempt from the requirements
of |
|
|
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LRB095 07222 RAS 27357 b |
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| 1 |
| this Section relating to permanent employee registration
| 2 |
| cards. The agency shall remain responsible for any peace
| 3 |
| officer employed under this exemption, regardless of whether
| 4 |
| the peace officer is compensated as an employee or as an
| 5 |
| independent contractor and as further defined by rule.
| 6 |
| (o) Persons who have no access to confidential or
security | 7 |
| information and who otherwise do not provide
traditional | 8 |
| security services are exempt from employee
registration. | 9 |
| Examples of exempt employees include, but are
not limited to, | 10 |
| employees working in the capacity of ushers,
directors, ticket | 11 |
| takers, cashiers, drivers, and reception
personnel. | 12 |
| Confidential or security information is that which
pertains to | 13 |
| employee files, scheduling, client contracts, or
technical | 14 |
| security and alarm data.
| 15 |
| (Source: P.A. 93-438, eff. 8-5-03; revised 10-18-05.)
| 16 |
| (225 ILCS 447/35-35)
| 17 |
| (Section scheduled to be repealed on January 1, 2014)
| 18 |
| Sec. 35-35. Requirement of a firearm control
authorization
| 19 |
| card.
| 20 |
| (a) No person shall perform duties that include the use,
| 21 |
| carrying, or possession of a firearm in the performance of
| 22 |
| those duties without complying with the provisions of this
| 23 |
| Section and having been issued a valid firearm control
| 24 |
| authorization
card by the Department.
| 25 |
| (b) No employer shall employ any person to perform the
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| duties for which employee registration is required and allow
| 2 |
| that person to carry a firearm unless that person has complied
| 3 |
| with all the firearm training requirements of this Section and
| 4 |
| has been issued a firearm control
authorization card. This Act
| 5 |
| permits only the following to carry firearms while actually
| 6 |
| engaged in the performance of their duties or while commuting
| 7 |
| directly to or from their places of employment: persons
| 8 |
| licensed as private detectives and their registered employees;
| 9 |
| persons licensed as private security contractors and their
| 10 |
| registered employees; persons licensed as private alarm
| 11 |
| contractors and their registered employees; and employees of a
| 12 |
| registered armed proprietary security force.
| 13 |
| (c) Possession of a valid firearm control
authorization
| 14 |
| card
allows an employee to carry a firearm not otherwise | 15 |
| prohibited
by law while the employee is engaged in the | 16 |
| performance of his
or her duties or while the employee is | 17 |
| commuting directly to
or from the employee's place or places of | 18 |
| employment, provided
that this is accomplished within one hour | 19 |
| from departure from
home or place of employment.
| 20 |
| (d) The Department shall issue a firearm control
| 21 |
| authorization
card to a person who has passed an approved | 22 |
| firearm training
course, who is currently employed by an agency | 23 |
| licensed by
this Act and has met all the requirements of this | 24 |
| Act, and who
possesses a valid firearm owner identification | 25 |
| card.
Application for the firearm control
authorization card | 26 |
| shall be made
by the employer to the Department on forms |
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| provided by the
Department. The Department shall forward the | 2 |
| card to the
employer who shall be responsible for its issuance | 3 |
| to the
employee. The firearm control
authorization card shall | 4 |
| be issued by
the Department and shall identify the person | 5 |
| holding it and
the name of the course where the employee | 6 |
| received firearm
instruction and shall specify the type of | 7 |
| weapon or weapons
the person is authorized by the Department to | 8 |
| carry and for
which the person has been trained.
| 9 |
| (e) Expiration and requirements for renewal of firearm | 10 |
| control
authorization cards shall be determined by rule.
| 11 |
| (f) The Department may, in addition to any other
| 12 |
| disciplinary action permitted by this Act, refuse to issue,
| 13 |
| suspend, or revoke a firearm control
authorization card if the
| 14 |
| applicant or holder has been convicted of any felony or crime
| 15 |
| involving the illegal use, carrying, or possession of a deadly
| 16 |
| weapon or for a violation of this Act or rules promulgated
| 17 |
| under this Act. The Department shall refuse to issue or shall
| 18 |
| revoke a firearm control
authorization card if the applicant or | 19 |
| holder
fails to possess a valid firearm owners identification | 20 |
| card.
The Director shall summarily suspend a firearm control
| 21 |
| authorization
card if the Director finds that its continued use | 22 |
| would
constitute an imminent danger to the public. A hearing | 23 |
| shall
be held before the Board within 30 days if the Director
| 24 |
| summarily suspends a firearm control
authorization card.
| 25 |
| (g) Notwithstanding any other provision of this Act to the
| 26 |
| contrary, all requirements relating to firearms control
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| authorization
cards do not apply to a peace officer.
| 2 |
| (h) The Department may issue a temporary firearm control | 3 |
| card pending issuance of a new firearm control card upon an | 4 |
| agency's acquiring of an established armed account. An agency | 5 |
| that has acquired armed employees as a result of acquiring an | 6 |
| established armed account may, on forms supplied by the | 7 |
| Department, request the issuance of a temporary firearm control | 8 |
| card for each acquired employee who held a valid firearm | 9 |
| control card under his or her employment with the | 10 |
| newly-acquired established armed account immediately preceding | 11 |
| the acquiring of the account and who continues to meet all of | 12 |
| the qualifications for issuance of a firearm control card set | 13 |
| forth in this Act and any rules adopted under this Act. The | 14 |
| Department shall, by rule, set the fee for issuance of a | 15 |
| temporary firearm control card.
| 16 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 17 |
| (225 ILCS 447/35-40)
| 18 |
| (Section scheduled to be repealed on January 1, 2014)
| 19 |
| Sec. 35-40. Firearm control
authorization ; training | 20 |
| requirements.
| 21 |
| (a) The Department shall, pursuant to rule, approve or
| 22 |
| disapprove training programs for the firearm training course,
| 23 |
| which shall be taught by a qualified instructor.
Qualifications | 24 |
| for instructors shall be set by rule. The
firearm training | 25 |
| course shall be conducted by entities, by a
licensee, or by an |
|
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LRB095 07222 RAS 27357 b |
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| 1 |
| agency licensed by this Act, provided the
course is approved by | 2 |
| the Department. The firearm course
shall consist of the | 3 |
| following minimum requirements:
| 4 |
| (1) 40 hours of training, 20 hours of which shall
be as | 5 |
| described in Sections 15-20, 20-20, or 25-20, as
| 6 |
| applicable, and 20 hours of which shall include all of the
| 7 |
| following:
| 8 |
| (A) Instruction in the dangers of and misuse
of | 9 |
| firearms, their storage, safety rules, and care and
| 10 |
| cleaning of firearms.
| 11 |
| (B) Practice firing on a range with live
| 12 |
| ammunition.
| 13 |
| (C) Instruction in the legal use of firearms.
| 14 |
| (D) A presentation of the ethical and moral
| 15 |
| considerations necessary for any person who possesses | 16 |
| a
firearm.
| 17 |
| (E) A review of the laws regarding arrest,
search, | 18 |
| and seizure.
| 19 |
| (F) Liability for acts that may be performed
in the | 20 |
| course of employment.
| 21 |
| (2) An examination shall be given at the completion
of | 22 |
| the course. The examination shall consist of a firearms
| 23 |
| qualification course and a written examination. Successful
| 24 |
| completion shall be determined by the Department.
| 25 |
| (b) The firearm training requirement may be waived for
an | 26 |
| employee who has completed training provided by the
Illinois |
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| Law Enforcement Training Standards Board or the
equivalent | 2 |
| public body of another state, provided
documentation showing | 3 |
| requalification with the weapon on the
firing range is | 4 |
| submitted to the Department.
| 5 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 6 |
| (225 ILCS 447/35-45)
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
| 8 |
| Sec. 35-45. Armed proprietary security force.
| 9 |
| (a) All financial institutions that employ one or more
| 10 |
| armed employees and all commercial or
industrial operations | 11 |
| that employ 5 or more persons as armed
employees shall register | 12 |
| their security forces
with the Department on forms provided by | 13 |
| the Department.
| 14 |
| (b) All armed employees of the registered
proprietary | 15 |
| security force must complete a 20-hour basic
training course | 16 |
| and 20-hour firearm training.
| 17 |
| (c) Every proprietary security force is required to
apply | 18 |
| to the Department, on forms supplied by the Department,
for a | 19 |
| firearm control
authorization card for each armed employee.
| 20 |
| (d) The Department may provide rules for the
administration | 21 |
| of this Section.
| 22 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 23 |
| (225 ILCS 447/40-10)
| 24 |
| (Section scheduled to be repealed on January 1, 2014)
|
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| Sec. 40-10. Disciplinary sanctions.
| 2 |
| (a) The Department may deny issuance, refuse to renew,
or | 3 |
| restore or may reprimand, place on probation, suspend, or
| 4 |
| revoke any license, registration, permanent employee
| 5 |
| registration card, or firearm control
authorization card, and | 6 |
| it may
impose a fine not to exceed $1,500 for a first violation | 7 |
| and
not to exceed $5,000 for a second or subsequent violation | 8 |
| for
any of the following:
| 9 |
| (1) Fraud or deception in obtaining or renewing of
a | 10 |
| license or registration.
| 11 |
| (2) Professional incompetence as manifested by poor
| 12 |
| standards of service.
| 13 |
| (3) Engaging in dishonorable, unethical, or
| 14 |
| unprofessional conduct of a character likely to deceive,
| 15 |
| defraud, or harm the public.
| 16 |
| (4) Conviction in Illinois or another state of any
| 17 |
| crime that is a felony under the laws of Illinois; a felony | 18 |
| in
a federal court; a misdemeanor, an essential element of | 19 |
| which
is dishonesty; or directly related to professional | 20 |
| practice.
| 21 |
| (5) Performing any services in a grossly negligent
| 22 |
| manner or permitting any of a licensee's employees to | 23 |
| perform
services in a grossly negligent manner, regardless | 24 |
| of whether
actual damage to the public is established.
| 25 |
| (6) Continued practice, although the person
has become | 26 |
| unfit to practice due to any of the
following:
|
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| (A) Physical illness, including, but not
limited | 2 |
| to, deterioration through the aging process or loss of
| 3 |
| motor skills that results in the inability to serve the | 4 |
| public
with reasonable judgment, skill, or safety.
| 5 |
| (B) Mental disability demonstrated by the
entry of | 6 |
| an order or judgment by a court that a
person is in | 7 |
| need of mental treatment or is incompetent.
| 8 |
| (C) Addiction to or dependency on alcohol or
drugs | 9 |
| that is likely to endanger the public. If the
| 10 |
| Department has reasonable cause to believe that a | 11 |
| person is
addicted to or dependent on alcohol or drugs | 12 |
| that
may endanger the public, the Department may | 13 |
| require the
person to undergo an examination to | 14 |
| determine the
extent of the addiction or dependency.
| 15 |
| (7) Receiving, directly or indirectly, compensation
| 16 |
| for any services not rendered.
| 17 |
| (8) Willfully deceiving or defrauding the public on
a | 18 |
| material matter.
| 19 |
| (9) Failing to account for or remit any moneys or
| 20 |
| documents coming into the licensee's possession that
| 21 |
| belong to another person or entity.
| 22 |
| (10) Discipline by another United States
jurisdiction | 23 |
| or foreign nation, if at least one of the grounds
for the | 24 |
| discipline is the same or substantially equivalent to
those | 25 |
| set forth in this Act.
| 26 |
| (11) Giving differential treatment to a person that
is |
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| to that person's detriment because of race, color, creed,
| 2 |
| sex, religion, or national origin.
| 3 |
| (12) Engaging in false or misleading advertising.
| 4 |
| (13) Aiding, assisting, or willingly permitting
| 5 |
| another person to violate this Act or rules promulgated | 6 |
| under
it.
| 7 |
| (14) Performing and charging for services without
| 8 |
| authorization to do so from the person or entity serviced.
| 9 |
| (15) Directly or indirectly offering or accepting
any | 10 |
| benefit to or from any employee, agent, or fiduciary
| 11 |
| without the consent of the latter's employer or principal | 12 |
| with
intent to or the understanding that this action will | 13 |
| influence
his or her conduct in relation to his or her | 14 |
| employer's or
principal's affairs.
| 15 |
| (16) Violation of any disciplinary order imposed on
a | 16 |
| licensee by the Department.
| 17 |
| (17) Failing to comply with any provision of this
Act | 18 |
| or rule promulgated under it.
| 19 |
| (18) Conducting an agency without a valid license.
| 20 |
| (19) Revealing confidential information, except as
| 21 |
| required by law, including but not limited to information
| 22 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 23 |
| (20) Failing to make available to the Department,
upon | 24 |
| request, any books, records, or forms required by this
Act.
| 25 |
| (21) Failing, within 30 days, to respond to a
written | 26 |
| request for information from the Department.
|
|
|
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SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| (22) Failing to provide employment information or
| 2 |
| experience information required by the Department | 3 |
| regarding an
applicant for licensure.
| 4 |
| (23) Failing to make available to the Department at
the | 5 |
| time of the request any indicia of licensure or
| 6 |
| registration issued under this Act.
| 7 |
| (24) Purporting to be a licensee-in-charge of an
agency | 8 |
| without active participation in the agency.
| 9 |
| (b) The Department shall seek to be consistent in the
| 10 |
| application of disciplinary sanctions.
| 11 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 12 |
| (225 ILCS 447/45-50)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| Sec. 45-50. Unlicensed practice; fraud in obtaining a
| 15 |
| license.
| 16 |
| (a) A person who violates any of the following
provisions | 17 |
| shall be guilty of a Class A misdemeanor; a person
who commits | 18 |
| a second or subsequent violation of these
provisions is guilty | 19 |
| of a Class 4 felony:
| 20 |
| (1) The practice of or attempted practice of or
holding | 21 |
| out as available to practice as a private detective,
| 22 |
| private security contractor, private alarm contractor, or
| 23 |
| locksmith without a license.
| 24 |
| (2) Operation of or attempt to operate a private
| 25 |
| detective agency, private security contractor agency, |
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| private
alarm contractor agency, or locksmith agency | 2 |
| without ever
having been issued a valid agency license.
| 3 |
| (3) The obtaining of or the attempt to obtain any
| 4 |
| license or authorization issued under this Act by | 5 |
| fraudulent
misrepresentation.
| 6 |
| (b) Whenever a licensee is convicted of a felony related
to | 7 |
| the violations set forth in this Section, the clerk of the
| 8 |
| court in any jurisdiction shall promptly report the conviction
| 9 |
| to the Department and the Department shall immediately revoke
| 10 |
| any license as a private detective, private security
| 11 |
| contractor, private alarm contractor, or locksmith held by
that | 12 |
| licensee. The individual shall not be eligible for
licensure | 13 |
| under this Act until at least 10 years have elapsed
since the | 14 |
| time of full discharge from any sentence imposed for
a felony | 15 |
| conviction. If any person in making any oath or
affidavit | 16 |
| required by this Act swears falsely, the person is
guilty of | 17 |
| perjury and may be punished accordingly.
| 18 |
| (c) In addition to any other penalty provided by law, a
| 19 |
| person , licensed or unlicensed, who violates any provision of | 20 |
| this Act
Section shall pay a
civil penalty to the Department in | 21 |
| an amount not to exceed
$5,000 for each offense, as determined | 22 |
| by the Department. The
civil penalty shall be imposed in | 23 |
| accordance with this Act.
| 24 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 25 |
| (225 ILCS 447/45-55)
|
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2014)
| 2 |
| Sec. 45-55. Subpoenas.
| 3 |
| (a) The Department may subpoena and bring before it any
| 4 |
| person to take the oral or written testimony with the same fees | 5 |
| and mileage and in the
same manner as prescribed in civil | 6 |
| cases.
| 7 |
| (b) Any circuit court, upon the application of the
| 8 |
| licensee, the Department, or the Board, may order
the
| 9 |
| attendance of witnesses and the production of relevant books
| 10 |
| and papers before the Board in any hearing under this Act.
The
| 11 |
| circuit court may compel obedience to its order by proceedings
| 12 |
| for contempt.
| 13 |
| (c) The Director, the hearing officer or a certified
| 14 |
| shorthand court reporter may administer oaths at any hearing
| 15 |
| the Department conducts. Notwithstanding any other statute or
| 16 |
| Department rule to the contrary, all requests for testimony,
| 17 |
| production of documents or records shall be in
accordance with | 18 |
| this Act.
| 19 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 20 |
| (225 ILCS 447/50-10)
| 21 |
| (Section scheduled to be repealed on January 1, 2014)
| 22 |
| Sec. 50-10. The Private Detective,
Private Alarm, Private | 23 |
| Security, and Locksmith Board.
| 24 |
| (a) The Private Detective, Private
Alarm, Private | 25 |
| Security, and Locksmith Board shall consist of
11 members |
|
|
|
SB0463 |
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LRB095 07222 RAS 27357 b |
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| 1 |
| appointed by the Director and comprised of 2
licensed private | 2 |
| detectives, 3 licensed private security
contractors, 2 | 3 |
| licensed private alarm contractors, 2 licensed
locksmiths, one | 4 |
| public member who is not licensed or
registered under this Act | 5 |
| and who has no connection with a
business licensed under this | 6 |
| Act, and one member representing
the employees registered under | 7 |
| this Act. Each member shall be
a resident of Illinois. Each | 8 |
| licensed member shall have at
least 5 years experience as a | 9 |
| licensee in the professional
area in which the person is | 10 |
| licensed and be in good standing
and actively engaged in that | 11 |
| profession. In making
appointments, the Director shall | 12 |
| consider the recommendations
of the professionals and the | 13 |
| professional organizations
representing the licensees. The | 14 |
| membership shall reasonably
reflect the different geographic | 15 |
| areas in Illinois.
| 16 |
| (b) Members shall serve 4 year terms and may serve until
| 17 |
| their successors are appointed. No member shall serve for
more | 18 |
| than 2 successive terms. Appointments to fill vacancies
shall | 19 |
| be made in the same manner as the original appointments
for the | 20 |
| unexpired portion of the vacated term. Members of the
Board in | 21 |
| office on the effective date of this Act pursuant to
the | 22 |
| Private Detective, Private Alarm, Private Security, and
| 23 |
| Locksmith Act of 1993 shall serve for the duration of their
| 24 |
| terms and may be appointed for one additional term.
| 25 |
| (c) A member of the Board may be removed for cause. A
| 26 |
| member subject to formal disciplinary proceedings shall
|
|
|
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| 1 |
| disqualify himself or herself from all Board business until
the | 2 |
| charge is resolved. A member also shall disqualify
himself or | 3 |
| herself from any matter on which the member cannot
act | 4 |
| objectively.
| 5 |
| (d) Members shall receive compensation as set by law.
Each | 6 |
| member shall receive reimbursement as set by the
Governor's | 7 |
| Travel Control Board for expenses incurred in
carrying out the | 8 |
| duties as a Board member.
| 9 |
| (e) A majority of Board members constitutes a quorum. A
| 10 |
| majority vote of the quorum is required for a decision.
| 11 |
| (f) The Board shall elect a chairperson and vice
| 12 |
| chairperson.
| 13 |
| (g) Board members are not liable for their acts,
omissions, | 14 |
| decisions, or other conduct in connection with
their duties on | 15 |
| the Board, except those determined to be
willful, wanton, or | 16 |
| intentional misconduct.
| 17 |
| (h) The Board may recommend policies, procedures, and
rules | 18 |
| relevant to the administration and enforcement of this
Act , | 19 |
| including all matters relating to continuing education for | 20 |
| those licensees subject to continuing education requirements | 21 |
| under the provisions of this Act, such as the number of hours | 22 |
| necessary for license renewal, waivers for persons unable to | 23 |
| meet the requirements, acceptable course content and approval | 24 |
| of the sponsors of such programs. Recommendations submitted | 25 |
| under this subsection (h) may not impose an undue burden on the | 26 |
| Department or an unreasonable restriction on those seeking |
|
|
|
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| 1 |
| license renewal .
| 2 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 3 |
| Section 10. The Criminal Code of 1961 is amended by | 4 |
| changing Section 24-2 as follows:
| 5 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 6 |
| Sec. 24-2. Exemptions.
| 7 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 8 |
| Section
24-1.6 do not apply to
or affect any of the following:
| 9 |
| (1) Peace officers, and any person summoned by a peace | 10 |
| officer to
assist in making arrests or preserving the | 11 |
| peace, while actually engaged in
assisting such officer.
| 12 |
| (2) Wardens, superintendents and keepers of prisons,
| 13 |
| penitentiaries, jails and other institutions for the | 14 |
| detention of persons
accused or convicted of an offense, | 15 |
| while in the performance of their
official duty, or while | 16 |
| commuting between their homes and places of employment.
| 17 |
| (3) Members of the Armed Services or Reserve Forces of | 18 |
| the United States
or the Illinois National Guard or the | 19 |
| Reserve Officers Training Corps,
while in the performance | 20 |
| of their official duty.
| 21 |
| (4) Special agents employed by a railroad or a public | 22 |
| utility to
perform police functions, and guards of armored | 23 |
| car companies, while
actually engaged in the performance of | 24 |
| the duties of their employment or
commuting between their |
|
|
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| 1 |
| homes and places of employment; and watchmen
while actually | 2 |
| engaged in the performance of the duties of their | 3 |
| employment.
| 4 |
| (5) Persons licensed as private security contractors, | 5 |
| private
detectives, or private alarm contractors, or | 6 |
| employed by an agency
certified by the Department of | 7 |
| Professional Regulation, if their duties
include the | 8 |
| carrying of a weapon under the provisions of the Private
| 9 |
| Detective, Private Alarm,
Private Security, and Locksmith | 10 |
| Act of 2004,
while actually
engaged in the performance of | 11 |
| the duties of their employment or commuting
between their | 12 |
| homes and places of employment, provided that such | 13 |
| commuting
is accomplished within one hour from departure | 14 |
| from home or place of
employment, as the case may be. | 15 |
| Persons exempted under this subdivision
(a)(5) shall be | 16 |
| required to have completed a course of
study in firearms | 17 |
| handling and training approved and supervised by the
| 18 |
| Department of Professional Regulation as prescribed by | 19 |
| Section 28 of the
Private Detective, Private Alarm,
Private | 20 |
| Security, and Locksmith Act of 2004, prior
to becoming | 21 |
| eligible for this exemption. The Department of | 22 |
| Professional
Regulation shall provide suitable | 23 |
| documentation demonstrating the
successful completion of | 24 |
| the prescribed firearms training. Such
documentation shall | 25 |
| be carried at all times when such persons are in
possession | 26 |
| of a concealable weapon.
|
|
|
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| 1 |
| (6) Any person regularly employed in a commercial or | 2 |
| industrial
operation as a security guard for the protection | 3 |
| of persons employed
and private property related to such | 4 |
| commercial or industrial
operation, while actually engaged | 5 |
| in the performance of his or her
duty or traveling between | 6 |
| sites or properties belonging to the
employer, and who, as | 7 |
| a security guard, is a member of a security force of
at | 8 |
| least 5 persons registered with the Department of | 9 |
| Professional
Regulation; provided that such security guard | 10 |
| has successfully completed a
course of study, approved by | 11 |
| and supervised by the Department of
Professional | 12 |
| Regulation, consisting of not less than 40 hours of | 13 |
| training
that includes the theory of law enforcement, | 14 |
| liability for acts, and the
handling of weapons. A person | 15 |
| shall be considered eligible for this
exemption if he or | 16 |
| she has completed the required 20
hours of training for a | 17 |
| security officer and 20 hours of required firearm
training, | 18 |
| and has been issued a firearm control
authorization card by
| 19 |
| the Department of Professional Regulation. Conditions for | 20 |
| the renewal of
firearm control
authorization cards issued | 21 |
| under the provisions of this Section
shall be the same as | 22 |
| for those cards issued under the provisions of the
Private | 23 |
| Detective, Private Alarm,
Private Security, and Locksmith | 24 |
| Act of 2004. Such
firearm control
authorization card shall | 25 |
| be carried by the security guard at all
times when he or | 26 |
| she is in possession of a concealable weapon.
|
|
|
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| 1 |
| (7) Agents and investigators of the Illinois | 2 |
| Legislative Investigating
Commission authorized by the | 3 |
| Commission to carry the weapons specified in
subsections | 4 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 5 |
| any investigation for the Commission.
| 6 |
| (8) Persons employed by a financial institution for the | 7 |
| protection of
other employees and property related to such | 8 |
| financial institution, while
actually engaged in the | 9 |
| performance of their duties, commuting between
their homes | 10 |
| and places of employment, or traveling between sites or
| 11 |
| properties owned or operated by such financial | 12 |
| institution, provided that
any person so employed has | 13 |
| successfully completed a course of study,
approved by and | 14 |
| supervised by the Department of Professional Regulation,
| 15 |
| consisting of not less than 40 hours of training which | 16 |
| includes theory of
law enforcement, liability for acts, and | 17 |
| the handling of weapons.
A person shall be considered to be | 18 |
| eligible for this exemption if he or
she has completed the | 19 |
| required 20 hours of training for a security officer
and 20 | 20 |
| hours of required firearm training, and has been issued a
| 21 |
| firearm control
authorization card by the Department of | 22 |
| Professional Regulation.
Conditions for renewal of firearm | 23 |
| control
authorization cards issued under the
provisions of | 24 |
| this Section shall be the same as for those issued under | 25 |
| the
provisions of the Private Detective, Private Alarm,
| 26 |
| Private Security, and Locksmith Act of 2004.
Such firearm |
|
|
|
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| 1 |
| control
authorization card shall be carried by the person | 2 |
| so
trained at all times when such person is in possession | 3 |
| of a concealable
weapon. For purposes of this subsection, | 4 |
| "financial institution" means a
bank, savings and loan | 5 |
| association, credit union or company providing
armored car | 6 |
| services.
| 7 |
| (9) Any person employed by an armored car company to | 8 |
| drive an armored
car, while actually engaged in the | 9 |
| performance of his duties.
| 10 |
| (10) Persons who have been classified as peace officers | 11 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 12 |
| (11) Investigators of the Office of the State's | 13 |
| Attorneys Appellate
Prosecutor authorized by the board of | 14 |
| governors of the Office of the
State's Attorneys Appellate | 15 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 16 |
| State's Attorneys Appellate Prosecutor's Act.
| 17 |
| (12) Special investigators appointed by a State's | 18 |
| Attorney under
Section 3-9005 of the Counties Code.
| 19 |
| (12.5) Probation officers while in the performance of | 20 |
| their duties, or
while commuting between their homes, | 21 |
| places of employment or specific locations
that are part of | 22 |
| their assigned duties, with the consent of the chief judge | 23 |
| of
the circuit for which they are employed.
| 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 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 12 |
| 24-1.6 do not
apply to or affect
any of the following:
| 13 |
| (1) Members of any club or organization organized for | 14 |
| the purpose of
practicing shooting at targets upon | 15 |
| established target ranges, whether
public or private, and | 16 |
| patrons of such ranges, while such members
or patrons are | 17 |
| using their firearms on those target ranges.
| 18 |
| (2) Duly authorized military or civil organizations | 19 |
| while parading,
with the special permission of the | 20 |
| Governor.
| 21 |
| (3) Hunters, trappers or fishermen with a license or
| 22 |
| permit while engaged in hunting,
trapping or fishing.
| 23 |
| (4) Transportation of weapons that are broken down in a
| 24 |
| non-functioning state or are not immediately accessible.
| 25 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 26 |
| of the
following:
|
|
|
|
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| 1 |
| (1) Peace officers while in performance of their | 2 |
| official duties.
| 3 |
| (2) Wardens, superintendents and keepers of prisons, | 4 |
| penitentiaries,
jails and other institutions for the | 5 |
| detention of persons accused or
convicted of an offense.
| 6 |
| (3) Members of the Armed Services or Reserve Forces of | 7 |
| the United States
or the Illinois National Guard, while in | 8 |
| the performance of their official
duty.
| 9 |
| (4) Manufacture, transportation, or sale of machine | 10 |
| guns to persons
authorized under subdivisions (1) through | 11 |
| (3) of this subsection to
possess machine guns, if the | 12 |
| machine guns are broken down in a
non-functioning state or | 13 |
| are not immediately accessible.
| 14 |
| (5) Persons licensed under federal law to manufacture | 15 |
| any weapon from
which 8 or more shots or bullets can be | 16 |
| discharged by a
single function of the firing device, or | 17 |
| ammunition for such weapons, and
actually engaged in the | 18 |
| business of manufacturing such weapons or
ammunition, but | 19 |
| only with respect to activities which are within the lawful
| 20 |
| scope of such business, such as the manufacture, | 21 |
| transportation, or testing
of such weapons or ammunition. | 22 |
| This exemption does not authorize the
general private | 23 |
| possession of any weapon from which 8 or more
shots or | 24 |
| bullets can be discharged by a single function of the | 25 |
| firing
device, but only such possession and activities as | 26 |
| are within the lawful
scope of a licensed manufacturing |
|
|
|
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| 1 |
| business described in this paragraph.
| 2 |
| During transportation, such weapons shall be broken | 3 |
| down in a
non-functioning state or not immediately | 4 |
| accessible.
| 5 |
| (6) The manufacture, transport, testing, delivery, | 6 |
| transfer or sale,
and all lawful commercial or experimental | 7 |
| activities necessary thereto, of
rifles, shotguns, and | 8 |
| weapons made from rifles or shotguns,
or ammunition for | 9 |
| such rifles, shotguns or weapons, where engaged in
by a | 10 |
| person operating as a contractor or subcontractor pursuant | 11 |
| to a
contract or subcontract for the development and supply | 12 |
| of such rifles,
shotguns, weapons or ammunition to the | 13 |
| United States government or any
branch of the Armed Forces | 14 |
| of the United States, when such activities are
necessary | 15 |
| and incident to fulfilling the terms of such contract.
| 16 |
| The exemption granted under this subdivision (c)(6)
| 17 |
| shall also apply to any authorized agent of any such | 18 |
| contractor or
subcontractor who is operating within the | 19 |
| scope of his employment, where
such activities involving | 20 |
| such weapon, weapons or ammunition are necessary
and | 21 |
| incident to fulfilling the terms of such contract.
| 22 |
| During transportation, any such weapon shall be broken | 23 |
| down in a
non-functioning state, or not immediately | 24 |
| accessible.
| 25 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 26 |
| possession
or carrying of a black-jack or slung-shot by a peace |
|
|
|
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| 1 |
| officer.
| 2 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 3 |
| manager or
authorized employee of any place specified in that | 4 |
| subsection nor to any
law enforcement officer.
| 5 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 6 |
| Section 24-1.6
do not apply
to members of any club or | 7 |
| organization organized for the purpose of practicing
shooting | 8 |
| at targets upon established target ranges, whether public or | 9 |
| private,
while using their firearms on those target ranges.
| 10 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 11 |
| to:
| 12 |
| (1) Members of the Armed Services or Reserve Forces of | 13 |
| the United
States or the Illinois National Guard, while in | 14 |
| the performance of their
official duty.
| 15 |
| (2) Bonafide collectors of antique or surplus military | 16 |
| ordinance.
| 17 |
| (3) Laboratories having a department of forensic | 18 |
| ballistics, or
specializing in the development of | 19 |
| ammunition or explosive ordinance.
| 20 |
| (4) Commerce, preparation, assembly or possession of | 21 |
| explosive
bullets by manufacturers of ammunition licensed | 22 |
| by the federal government,
in connection with the supply of | 23 |
| those organizations and persons exempted
by subdivision | 24 |
| (g)(1) of this Section, or like organizations and persons
| 25 |
| outside this State, or the transportation of explosive | 26 |
| bullets to any
organization or person exempted in this |
|
|
|
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| 1 |
| Section by a common carrier or by a
vehicle owned or leased | 2 |
| by an exempted manufacturer.
| 3 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 4 |
| persons licensed
under federal law to manufacture any device or | 5 |
| attachment of any kind designed,
used, or intended for use in | 6 |
| silencing the report of any firearm, firearms, or
ammunition
| 7 |
| for those firearms equipped with those devices, and actually | 8 |
| engaged in the
business of manufacturing those devices, | 9 |
| firearms, or ammunition, but only with
respect to
activities | 10 |
| that are within the lawful scope of that business, such as the
| 11 |
| manufacture, transportation, or testing of those devices, | 12 |
| firearms, or
ammunition. This
exemption does not authorize the | 13 |
| general private possession of any device or
attachment of any | 14 |
| kind designed, used, or intended for use in silencing the
| 15 |
| report of any firearm, but only such possession and activities | 16 |
| as are within
the
lawful scope of a licensed manufacturing | 17 |
| business described in this subsection
(g-5). During | 18 |
| transportation, those devices shall be detached from any weapon
| 19 |
| or
not immediately accessible.
| 20 |
| (h) An information or indictment based upon a violation of | 21 |
| any
subsection of this Article need not negative any exemptions | 22 |
| contained in
this Article. The defendant shall have the burden | 23 |
| of proving such an
exemption.
| 24 |
| (i) Nothing in this Article shall prohibit, apply to, or | 25 |
| affect
the transportation, carrying, or possession, of any | 26 |
| pistol or revolver,
stun gun, taser, or other firearm consigned |
|
|
|
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| 1 |
| to a common carrier operating
under license of the State of | 2 |
| Illinois or the federal government, where
such transportation, | 3 |
| carrying, or possession is incident to the lawful
| 4 |
| transportation in which such common carrier is engaged; and | 5 |
| nothing in this
Article shall prohibit, apply to, or affect the | 6 |
| transportation, carrying,
or possession of any pistol, | 7 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 8 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 9 |
| this Article, which is unloaded and enclosed in a case, firearm
| 10 |
| carrying box, shipping box, or other container, by the | 11 |
| possessor of a valid
Firearm Owners Identification Card.
| 12 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 13 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 447/5-10 |
|
| 4 |
| 225 ILCS 447/10-25 |
|
| 5 |
| 225 ILCS 447/10-30 |
|
| 6 |
| 225 ILCS 447/15-20 new |
|
| 7 |
| 225 ILCS 447/15-25 |
|
| 8 |
| 225 ILCS 447/20-10 |
|
| 9 |
| 225 ILCS 447/20-20 |
|
| 10 |
| 225 ILCS 447/25-20 |
|
| 11 |
| 225 ILCS 447/25-25 new |
|
| 12 |
| 225 ILCS 447/25-30 |
|
| 13 |
| 225 ILCS 447/30-15 |
|
| 14 |
| 225 ILCS 447/35-10 |
|
| 15 |
| 225 ILCS 447/35-25 |
|
| 16 |
| 225 ILCS 447/35-30 |
|
| 17 |
| 225 ILCS 447/35-35 |
|
| 18 |
| 225 ILCS 447/35-40 |
|
| 19 |
| 225 ILCS 447/35-45 |
|
| 20 |
| 225 ILCS 447/40-10 |
|
| 21 |
| 225 ILCS 447/45-50 |
|
| 22 |
| 225 ILCS 447/45-55 |
|
| 23 |
| 225 ILCS 447/50-10 |
|
| 24 |
| 720 ILCS 5/24-2 |
from Ch. 38, par. 24-2 |
| |
|