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90_HB1041eng
225 ILCS 446/80
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993. Requires the Department
of Professional Regulation to complete a criminal background
investigation of an applicant for a permanent employment
registration card seeking employment with a private security
contractor agency. Imposes a fine not to exceed $1,000
against a private security contractor agency that employs a
person convicted of a felony if the conviction is revealed in
the person's criminal background investigation. Makes
additional substantive changes.
LRB9002980DPgcA
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1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Section 80.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Private Detective, Private Alarm, Private
7 Security, and Locksmith Act of 1993 is amended by changing
8 Section 80 as follows:
9 (225 ILCS 446/80)
10 Sec. 80. Employee requirements. All employees of a
11 licensed agency, other than those exempted, shall apply for a
12 Permanent Employee Registration Card. The holder of an
13 agency certificate issued under this Act, known in this Act
14 as "employer", may employ in the conduct of his or her
15 business employees under the following provisions:
16 (a) No person shall be issued a permanent employee
17 registration card who:
18 (1) Is under 18 years of age.
19 (2) Is under 21 years of age if the services will
20 include being armed.
21 (3) Has been determined by the Department to be
22 unfit by reason of conviction of an offense in this or
23 another state, other than a minor traffic offense. The
24 Department shall promulgate rules for procedures by which
25 those circumstances shall be determined and that afford
26 the applicant due process of law.
27 (4) Has had a license or permanent employee
28 registration card refused, denied, suspended, or revoked
29 under this Act.
30 (5) Has been declared incompetent by any court of
31 competent jurisdiction by reason of mental disease or
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1 defect and has not been restored.
2 (6) Has been dishonorably discharged from the armed
3 services of the United States.
4 (b) No person may be employed by a private detective
5 agency, private security contractor agency, or private alarm
6 contractor agency, or locksmith agency under this Section
7 until he or she has executed and furnished to the employer,
8 on forms furnished by the Department, a verified statement to
9 be known as "Employee's Statement" setting forth:
10 (1) The person's full name, age, and residence
11 address.
12 (2) The business or occupation engaged in for the 5
13 years immediately before the date of the execution of the
14 statement, the place where the business or occupation was
15 engaged in, and the names of employers, if any.
16 (3) That the person has not had a license or
17 employee registration refused, revoked, or suspended
18 under this Act.
19 (4) Any conviction of a felony or misdemeanor.
20 (5) Any declaration of incompetency by a court of
21 competent jurisdiction that has not been restored.
22 (6) Any dishonorable discharge from the armed
23 services of the United States.
24 (7) Any other information as may be required by any
25 rule of the Department to show the good character,
26 competency, and integrity of the person executing the
27 statement.
28 (c) Each applicant for a permanent employee registration
29 card shall submit to the Department with the applicable fees,
30 on fingerprint cards furnished by the Department, 2 complete
31 sets of fingerprints that are verified to be those of the
32 applicant. If an applicant's fingerprint cards are returned
33 to the Department as unclassifiable by the screening agency,
34 the applicant has 90 days after notification is sent by the
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1 Department to submit additional fingerprint cards taken by a
2 different technician to replace the unclassifiable
3 fingerprint cards.
4 The Department shall notify the submitting licensed
5 agency within 10 days if the applicant's fingerprint cards
6 are returned to the Department as unclassifiable. However,
7 instead of submitting fingerprint cards, an individual may
8 submit proof that is satisfactory to the Department that an
9 equivalent security clearance has been conducted. Also, a
10 full-time peace officer or an individual who has retired as a
11 peace officer within 12 months of application may submit
12 verification, on forms provided by the Department and signed
13 by one's employer, of his or her full-time employment as a
14 peace officer. "Peace officer" means any person who by
15 virtue of his or her office or public employment is vested by
16 law with a duty to maintain public order or to make arrests
17 for offenses, whether that duty extends to all offenses or is
18 limited to specific offenses; officers, agents, or employees
19 of the federal government commissioned by federal statute to
20 make arrests for violations of federal criminal laws are
21 considered peace officers.
22 (d) Upon receipt of the verified fingerprint cards, the
23 Department shall cause the fingerprints to be compared with
24 fingerprints of criminals now or hereafter filed with the
25 Illinois Department of State Police. The Department may also
26 cause the fingerprints to be checked against the fingerprints
27 of criminals now or hereafter filed in the records of other
28 official fingerprint files within or without this State. The
29 Department shall issue a permanent employee registration
30 card, in a form the Department prescribes, to all qualified
31 applicants. The Department shall notify the submitting
32 licensed agency within 10 days upon the issuance of or intent
33 to deny the permanent employee registration card. The holder
34 of a permanent employee registration card shall carry the
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1 card at all times while actually engaged in the performance
2 of the duties of his or her employment and in the case of a
3 card holder employed in an armed capacity with a private
4 security contractor agency, the card holder shall display the
5 card at all times while on duty. Expiration and requirements
6 for renewal of permanent employee registration cards shall be
7 established by rule of the Department. Possession of a
8 permanent employee registration card does not in any way
9 imply that the holder of the card is employed by an agency
10 unless the permanent employee registration card is
11 accompanied by the employee identification card required by
12 subsection (g) of this Section.
13 In the case of an applicant seeking employment with a
14 private security contractor agency, a permanent employee
15 registration card shall contain a current photograph of the
16 applicant.
17 (e) Within 5 days of the receipt of the application
18 materials, the Department shall institute an investigation
19 for a criminal record by checking the applicant's name with
20 immediately available criminal history information systems.
21 In the case of an applicant seeking employment with a private
22 security contractor agency, the Department shall report to
23 the applicant the results of the investigation for a criminal
24 record within 12 weeks of receipt of the application.
25 (f) Each employer shall maintain a record of each
26 employee that is accessible to the duly authorized
27 representatives of the Department. The record shall contain
28 the following information:
29 (1) A photograph taken within 10 days of the date
30 that the employee begins employment with the employer.
31 The photograph shall be replaced with a current
32 photograph every 3 calendar years.
33 (2) The employee's statement specified in
34 subsection (b) of this Section.
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1 (3) All correspondence or documents relating to the
2 character and integrity of the employee received by the
3 employer from any official source or law enforcement
4 agency.
5 (4) In the case of former employees, the employee
6 identification card of that person issued under
7 subsection (g) of this Section.
8 (5) Each employee record shall duly note if the
9 employee is employed in an armed capacity. Armed
10 employee files shall contain a copy of an active Firearm
11 Owners Identification Card and a copy of an active
12 Firearm Authorization Card.
13 (6) Each employer shall maintain a record for each
14 armed employee of each instance in which the employee's
15 weapon was discharged during the course of his or her
16 professional duties or activities. The record shall be
17 maintained on forms provided by the Department, a copy of
18 which must be filed with the Department within 15 days of
19 an instance. The record shall include the date and time
20 of the occurrence, the circumstances involved in the
21 occurrence, and any other information as the Department
22 may require. Failure to provide this information to the
23 Department or failure to maintain the record as a part of
24 each armed employee's permanent file is grounds for
25 disciplinary action. The Department, upon receipt of a
26 report, shall have the authority to make any
27 investigation it considers appropriate into any
28 occurrence in which an employee's weapon was discharged
29 and to take disciplinary action as may be appropriate.
30 (7) The Department may, by rule, prescribe further
31 record requirements.
32 (g) Every employer shall furnish an employee
33 identification card to each of his or her employees. This
34 employee identification card shall contain a recent
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1 photograph of the employee, the employee's name, the name and
2 agency certification number of the employer, the employee's
3 personal description, the signature of the employer, the
4 signature of that employee, the date of issuance, and an
5 employee identification card number.
6 (h) No employer may issue an employee identification
7 card to any person who is not employed by the employer in
8 accordance with this Section or falsely state or represent
9 that a person is or has been in his or her employ. It is
10 unlawful for an applicant for registered employment to file
11 with the Department the fingerprints of a person other than
12 himself or herself, or to fail to exercise due diligence in
13 resubmitting replacement fingerprints for those employees who
14 have had original fingerprint submissions returned as
15 unclassifiable.
16 (i) Every employer shall obtain the identification card
17 of every employee who terminates employment with him or her.
18 (j) Every employer shall maintain a separate roster of
19 the names of all employees currently working in an armed
20 capacity and submit the roster to the Department on request.
21 (k) No agency may employ any person under this Act
22 unless:
23 (1) The person possesses a valid permanent employee
24 registration card; or
25 (2) The agency:
26 (i) on behalf of each person completes in its
27 entirety and submits to the Department an
28 application for a permanent employee registration
29 card, including the required fingerprint card and
30 fees;
31 (ii) exercises due diligence to ensure that
32 the person is qualified under the requirements of
33 the Act to be issued a permanent employee
34 registration card; and
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1 (iii) maintains a separate roster of the names
2 of all employees whose applications are currently
3 pending with the Department and submits the roster
4 to the Department on a monthly basis. Rosters are
5 to be maintained by the agency for a period of at
6 least 24 months.
7 (l) Failure by an agency to submit the application,
8 fees, and fingerprints specified in this Section before
9 scheduling the person for work shall result in a fine, in an
10 amount up to $1,000, or other disciplinary action being
11 imposed against the agency. Failure to maintain and submit
12 the specified rosters is grounds for discipline under this
13 Act.
14 (m) No person may be employed under this Section in any
15 capacity if:
16 (i) The person while so employed is being paid by
17 the United States or any political subdivision for the
18 time so employed in addition to any payments he or she
19 may receive from the employer.
20 (ii) The person wears any portion of his or her
21 official uniform, emblem of authority, or equipment while
22 so employed except as provided in Section 30.
23 (iii) The person does not hold a valid and active
24 permanent employee registration card issued by the
25 Department.
26 (iv) In the case of a person seeking employment
27 with a private security contractor agency, the person's
28 criminal history includes a conviction of a felony, as
29 revealed by the investigation report supplied by the
30 Department under subsection (e). A private security
31 contractor agency that knowingly employs a person in
32 violation of this subdivision (iii) is subject to a fine
33 not to exceed $1,000 and any other disciplinary action
34 within the Department's authority.
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1 (n) If information is discovered affecting the
2 registration of a person whose fingerprints were submitted
3 under this Section, the Department shall so notify the agency
4 that submitted the fingerprints on behalf of that person.
5 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)