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90_HB2674 225 ILCS 446/180 225 ILCS 446/192 new 225 ILCS 446/193 new Amends the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 to require private detectives, employees of a private security contractor agency who perform guarding functions, and employees of a private alarm contractor agency who respond to alarm systems to undergo additional weaponry and restraint technique training. Prohibits private security contractor agencies from providing armed personnel for labor disputes or at strike locations in the course of providing private security contractor services. Bars a private security contractor licensee, employee of the licensee, or private security guard from performing specified acts during a labor dispute, strike, or lockout. LRB9007490DPcw LRB9007490DPcw 1 AN ACT to amend the Private Detective, Private Alarm, 2 Private Security, and Locksmith Act of 1993 by changing 3 Section 180 and adding Sections 192 and 193. 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 180 and adding Sections 192 and 193 as follows: 9 (225 ILCS 446/180) 10 Sec. 180. Employee training. Individuals registered as 11 employees of any agency certified under this Act, except 12 private detectives, employees of a private security 13 contractor agency who perform guarding functions, or those 14 employees of a private alarm contractor agency who respond to 15 alarm systems, must complete a minimum of 20 hours of 16 training related to their employment to be provided by a 17 qualified instructor. The substance and format of the 18 training shall be germane to the work of the employee as 19 determined by the employer and shall be completed under the 20 provisions of this Act. 21 Private detectives, individuals registered as employees 22 of a private security contractor agency who perform guarding 23 functions, or employees of a private alarm contractor agency 24 who responds to alarm systems shall complete within 30 days 25 of their employment a minimum of 20 hours of classroom 26 training. The classroom training shall be provided by a 27 qualified instructor and shall include the following subject 28 matters: 29 (1) The law regarding arrest and search and seizure 30 as it applies to private security. 31 (2) Civil and criminal liability for acts related -2- LRB9007490DPcw 1 to private security. 2 (3) The use of force, the legal limitations on the 3 justifiable use of force and deadly force, and 4 alternatives to the use of force. 5 (4) Arrest and control techniques. 6 (5) The elements of offenses under the Criminal 7 Code of 1961 directly related to the protection of 8 persons and property. 9 (6) The law on private police and on reporting to 10 law enforcement agencies. 11 (7) Fire prevention, fire equipment, and fire 12 safety. 13 (8) The procedures for service of process and 14 report writing. 15 (9) Human and public relations. 16 (10) First Aid. 17 (11) In the case of a person employed to use, when 18 necessary, a weapon other than a firearm, including but 19 not limited to a bludgeon, nightstick, baton, chemical 20 weapon, or electronic incapacitation device, training in 21 the use of the weapon. 22 (12) Training in the use of restraint or 23 immobilization techniques, including the carotid 24 restraint. 25 (13) Standards for weapons and equipment issued to 26 or carried or used by the licensee or employee. 27 It is the responsibility of the employer to certify, on 28 forms provided by the Department, that the employee has 29 successfully completed the training. The form shall be a 30 permanent record of the training completed by the employee 31 and shall be placed in the employee's file with the employer 32 for the term that the employee is retained by the employer. 33 The form shall be returned to the employee when his or her 34 employment is terminated. Failure to return the form to the -3- LRB9007490DPcw 1 employee is grounds for discipline. The employee shall not 2 be required to complete the training required under this Act 3 once the employee has been issued a form. 4 Nothing in this Act prevents any employer from providing 5 or requiring additional training beyond the required 20 hours 6 that the employer feels is necessary and appropriate for 7 competent job performance. 8 Any certification of completion of the 20-hour basic 9 training that was issued under the Private Detective, Private 10 Alarm and Private Security Act of 1983 shall be accepted as 11 proof of training under this Section. 12 The Department shall prescribe by rule at least 6 hours 13 of annual, continuing training requirements for private 14 detectives, employees of a private security contractor agency 15 who perform guarding functions, and employees of a private 16 alarm contractor agency who respond to alarm systems. 17 (Source: P.A. 88-363.) 18 (225 ILCS 446/192 new) 19 Sec. 192. Labor disputes. No private security 20 contractor agency shall, in the course of providing private 21 security contractor services, provide armed personnel for 22 labor disputes or at strike locations. This Section does not 23 apply to an agency's use of armed security personnel services 24 in the usual course of business for the protection of 25 persons, property, and payroll. 26 (225 ILCS 446/193 new) 27 Sec. 193. Acts prohibited during labor disputes. 28 (a) This Section applies to (1) a licensee or employee 29 of a licensee who is primarily performing private security 30 contractor services and (2) a private security guard who is 31 primarily performing the duties of a security guard. 32 (b) A person listed under subsection (a) shall not -4- LRB9007490DPcw 1 perform any of the following activities during a labor 2 dispute, strike, or lockout: 3 (1) incite or encourage a participant to perform, 4 or aid in the incitement or encouragement of a 5 participant in performing, unlawful acts against another 6 person or property; 7 (2) photograph a participant when neither the 8 participant nor the photographer is on the premises being 9 protected by the person or entity listed under subsection 10 (a); 11 (3) stop or detain a vehicle unless the vehicle is 12 on the premises being protected by the person or entity 13 listed under subsection (a); 14 (4) conduct surveillance of participants, when 15 neither the participant nor the person conducting the 16 surveillance is on the premises being protected by the 17 person or entity listed under subsection (a); or 18 (5) any other activities with the purpose of 19 intimidating or provoking a participant. 20 (c) A person or entity who violates this Section is 21 guilty of a Class A misdemeanor. In addition, the Department 22 shall suspend the license of a person or entity who is found 23 to have violated this Section, under the formal hearing 24 provisions of Section 130, for 60 days in the case of a first 25 violation, 6 months in the case of a second violation, and 26 one year in the case of a third or subsequent violation.