Public Act 099-0174

HB1422 Enrolled LRB099 03523 HAF 23531 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004 is

amended by changing Sections 20-10 and 40-10 as follows:

(225 ILCS 447/20-10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 20-10. Qualifications for licensure as a private alarm

contractor.

(a) A person is qualified for licensure as a private alarm

contractor if he or she meets all of the following

requirements:

(1) Is at least 21 years of age.

(2) Has not been convicted of any felony in any

jurisdiction or at least 10 years have elapsed since the

time of full discharge from a sentence imposed for a felony

conviction.

(3) Is of good moral character. Good moral character is

a continuing requirement of licensure. Conviction of

crimes other than felonies may be used in determining moral

character, but shall not constitute an absolute bar to

licensure, except where the applicant is a registered sex

offender.

(4) Has not been declared by any court of competent

jurisdiction to be incompetent by reason of mental or

physical defect or disease, unless a court has subsequently

declared him or her to be competent.

(5) Is not suffering from dependence on alcohol or from

narcotic addiction or dependence.

(6) Has a minimum of 3 years experience during the 5

years immediately preceding the application (i) working as

a full-time manager for a licensed private alarm contractor

agency or (ii) working for a government, one of the armed

forces of the United States, or private entity that

inspects, reviews, designs, sells, installs, operates,

services, or monitors alarm systems that, in the judgment

of the Board, satisfies the standards of alarm industry

competence. The Board and the Department may accept, in

lieu of the experience requirement in this item (6),

alternative experience working as a full-time manager for a

private alarm contractor agency licensed in another state

or for a private alarm contractor agency in a state that

does not license such agencies, if the experience is

substantially equivalent to that gained working for an

Illinois licensed private alarm contractor agency. An

applicant who has received a 4-year degree or higher in

electrical engineering or a related field from a program

approved by the Board or a business degree from an

accredited college or university shall be given credit for

2 years of the required experience. An applicant who has

successfully completed a national certification program

approved by the Board shall be given credit for one year of

the required experience.

(7) Has not been dishonorably discharged from the armed

forces of the United States.

(8) Has passed an examination authorized by the

Department.

(9) Submits his or her fingerprints, proof of having

general liability insurance required under subsection (c),

and the required license fee.

(10) Has not violated Section 10-5 of this Act.

(b) (Blank).

(c) It is the responsibility of the applicant to obtain

general liability insurance in an amount and coverage

appropriate for the applicant's circumstances as determined by

rule. The applicant shall provide evidence of insurance to the

Department before being issued a license. Failure to maintain

general liability insurance and to provide the Department with

written proof of the insurance shall result in cancellation of

the license without hearing.

(Source: P.A. 98-253, eff. 8-9-13.)

(225 ILCS 447/40-10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 40-10. Disciplinary sanctions.

(a) The Department may deny issuance, refuse to renew, or

restore or may reprimand, place on probation, suspend, revoke,

or take other disciplinary or non-disciplinary action against

any license, registration, permanent employee registration

card, canine handler authorization card, canine trainer

authorization card, or firearm control card, may impose a fine

not to exceed $10,000 for each violation, and may assess costs

as provided for under Section 45-60, for any of the following:

(1) Fraud, deception, or misrepresentation in

obtaining or renewing of a license or registration.

(2) Professional incompetence as manifested by poor

standards of service.

(3) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(4) Conviction of or by plea of guilty or plea of nolo

contendere to a felony or misdemeanor in this State or any

other jurisdiction or the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction; action taken under this paragraph (4) for a

misdemeanor or an administrative sanction is limited to a

misdemeanor or administrative sanction that has as an

essential element of dishonesty or fraud or involves

larceny, embezzlement, or obtaining money, property, or

credit by false pretenses or by means of a confidence

game. , finding of guilt, jury verdict, or entry of judgment

or by sentencing of any crime including, but not limited

to, convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony in a federal court; or (ii) a misdemeanor, an

essential element of which is dishonesty, or that is

directly related to the practice of the profession.

(5) Performing any services in a grossly negligent

manner or permitting any of a licensee's employees to

perform services in a grossly negligent manner, regardless

of whether actual damage to the public is established.

(6) Continued practice, although the person has become

unfit to practice due to any of the following:

(A) Physical illness, mental illness, or other

impairment, including, but not limited to,

deterioration through the aging process or loss of

motor skills that results in the inability to serve the

public with reasonable judgment, skill, or safety.

(B) (Blank).

(C) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or

any other substance that results in the inability to

practice with reasonable judgment, skill, or safety.

(7) Receiving, directly or indirectly, compensation

for any services not rendered.

(8) Willfully deceiving or defrauding the public on a

material matter.

(9) Failing to account for or remit any moneys or

documents coming into the licensee's possession that

belong to another person or entity.

(10) Discipline by another United States jurisdiction,

foreign nation, or governmental agency, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Act.

(11) Giving differential treatment to a person that is

to that person's detriment because of race, color, creed,

sex, religion, or national origin.

(12) Engaging in false or misleading advertising.

(13) Aiding, assisting, or willingly permitting

another person to violate this Act or rules promulgated

under it.

(14) Performing and charging for services without

authorization to do so from the person or entity serviced.

(15) Directly or indirectly offering or accepting any

benefit to or from any employee, agent, or fiduciary

without the consent of the latter's employer or principal

with intent to or the understanding that this action will

influence his or her conduct in relation to his or her

employer's or principal's affairs.

(16) Violation of any disciplinary order imposed on a

licensee by the Department.

(17) Performing any act or practice that is a violation

of this Act or the rules for the administration of this

Act, or having a conviction or administrative finding of

guilty as a result of violating any federal or State laws,

rules, or regulations that apply exclusively to the

practices of private detectives, private alarm

contractors, private security contractors, fingerprint

vendors, or locksmiths.

(18) Conducting an agency without a valid license.

(19) Revealing confidential information, except as

required by law, including but not limited to information

available under Section 2-123 of the Illinois Vehicle Code.

(20) Failing to make available to the Department, upon

request, any books, records, or forms required by this Act.

(21) Failing, within 30 days, to respond to a written

request for information from the Department.

(22) Failing to provide employment information or

experience information required by the Department

regarding an applicant for licensure.

(23) Failing to make available to the Department at the

time of the request any indicia of licensure or

registration issued under this Act.

(24) Purporting to be a licensee-in-charge of an agency

without active participation in the agency.

(25) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(26) Violating subsection (f) of Section 30-30.

(27) A firearm control card holder having more firearms

in his or her immediate possession than he or she can

reasonably exercise control over.

(28) Failure to report in writing to the Department,

within 60 days of an entry of a settlement or a verdict in

excess of $10,000, any legal action in which the quality of

the licensee's or registrant's professional services was

the subject of the legal action.

(b) All fines imposed under this Section shall be paid

within 60 days after the effective date of the order imposing

the fine.

(c) The Department shall adopt rules that set forth

standards of service for the following: (i) acceptable error

rate in the transmission of fingerprint images and other data

to the Department of State Police; (ii) acceptable error rate

in the collection and documentation of information used to

generate fingerprint work orders; and (iii) any other standard

of service that affects fingerprinting services as determined

by the Department.

The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient.

(Source: P.A. 98-253, eff. 8-9-13.)

Section 10. The Criminal Code of 2012 is amended by

changing Section 24-2 as follows:

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

the following:

(1) Peace officers, and any person summoned by a peace

officer to assist in making arrests or preserving the

peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense,

while in the performance of their official duty, or while

commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard or the

Reserve Officers Training Corps, while in the performance

of their official duty.

(4) Special agents employed by a railroad or a public

utility to perform police functions, and guards of armored

car companies, while actually engaged in the performance of

the duties of their employment or commuting between their

homes and places of employment; and watchmen while actually

engaged in the performance of the duties of their

employment.

(5) Persons licensed as private security contractors,

private detectives, or private alarm contractors, or

employed by a private security contractor, private

detective, or private alarm contractor an agency licensed

certified by the Department of Financial and Professional

Regulation, if their duties include the carrying of a

weapon under the provisions of the Private Detective,

Private Alarm, Private Security, Fingerprint Vendor, and

Locksmith Act of 2004, while actually engaged in the

performance of the duties of their employment or commuting

between their homes and places of employment, provided that

such commuting is accomplished within one hour from

departure from home or place of employment, as the case may

be. A person shall be considered eligible for this

exemption if he or she has completed the required 20 hours

of training for a private security contractor, private

detective, or private alarm contractor, or employee of a

licensed private security contractor, private detective,

or private alarm contractor agency and 20 hours of required

firearm training, and has been issued a firearm control

card by the Department of Financial and Professional

Regulation. Conditions for the renewal of firearm control

cards issued under the provisions of this Section shall be

the same as for those cards issued under the provisions of

the Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004. The firearm

control card shall be carried by the private security

contractor, private detective, or private alarm

contractor, or employee of the licensed private security

contractor, private detective, or private alarm contractor

agency at all times when he or she is in possession of a

concealable weapon permitted by his or her firearm control

card.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection

of persons employed and private property related to such

commercial or industrial operation, while actually engaged

in the performance of his or her duty or traveling between

sites or properties belonging to the employer, and who, as

a security guard, is a member of a security force of at

least 5 persons registered with the Department of Financial

and Professional Regulation; provided that such security

guard has successfully completed a course of study,

approved by and supervised by the Department of Financial

and Professional Regulation, consisting of not less than 40

hours of training that includes the theory of law

enforcement, liability for acts, and the handling of

weapons. A person shall be considered eligible for this

exemption if he or she has completed the required 20 hours

of training for a security officer and 20 hours of required

firearm training, and has been issued a firearm control

card by the Department of Financial and Professional

Regulation. Conditions for the renewal of firearm control

cards issued under the provisions of this Section shall be

the same as for those cards issued under the provisions of

the Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004. The firearm

control card shall be carried by the security guard at all

times when he or she is in possession of a concealable

weapon permitted by his or her firearm control card.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the

Commission to carry the weapons specified in subsections

24-1(a)(3) and 24-1(a)(4), while on duty in the course of

any investigation for the Commission.

(8) Persons employed by a financial institution as a

security guard for the protection of other employees and

property related to such financial institution, while

actually engaged in the performance of their duties,

commuting between their homes and places of employment, or

traveling between sites or properties owned or operated by

such financial institution, and who, as a security guard,

is a member of a security force registered with the

Department; provided that any person so employed has

successfully completed a course of study, approved by and

supervised by the Department of Financial and Professional

Regulation, consisting of not less than 40 hours of

training which includes theory of law enforcement,

liability for acts, and the handling of weapons. A person

shall be considered to be eligible for this exemption if he

or she has completed the required 20 hours of training for

a security officer and 20 hours of required firearm

training, and has been issued a firearm control card by the

Department of Financial and Professional Regulation.

Conditions for renewal of firearm control cards issued

under the provisions of this Section shall be the same as

for those issued under the provisions of the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004. The Such firearm control

card shall be carried by the security guard person so

trained at all times when he or she such person is in

possession of a concealable weapon permitted by his or her

firearm control card. For purposes of this subsection,

"financial institution" means a bank, savings and loan

association, credit union or company providing armored car

services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the

performance of his duties.

(10) Persons who have been classified as peace officers

pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of

governors of the Office of the State's Attorneys Appellate

Prosecutor to carry weapons pursuant to Section 7.06 of the

State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of

their duties, or while commuting between their homes,

places of employment or specific locations that are part of

their assigned duties, with the consent of the chief judge

of the circuit for which they are employed, if they have

received weapons training according to requirements of the

Peace Officer and Probation Officer Firearm Training Act.

(13) Court Security Officers while in the performance

of their official duties, or while commuting between their

homes and places of employment, with the consent of the

Sheriff.

(13.5) A person employed as an armed security guard at

a nuclear energy, storage, weapons or development site or

facility regulated by the Nuclear Regulatory Commission

who has completed the background screening and training

mandated by the rules and regulations of the Nuclear

Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through

(13.5) of this subsection to possess those weapons.

(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

to or affect any person carrying a concealed pistol, revolver,

or handgun and the person has been issued a currently valid

license under the Firearm Concealed Carry Act at the time of

the commission of the offense.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for

the purpose of practicing shooting at targets upon

established target ranges, whether public or private, and

patrons of such ranges, while such members or patrons are

using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the

Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a

non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun

gun or taser or other firearm on the land or in the legal

dwelling of another person as an invitee with that person's

permission.

(c) Subsection 24-1(a)(7) does not apply to or affect any

of the following:

(1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through

(3) of this subsection to possess machine guns, if the

machine guns are broken down in a non-functioning state or

are not immediately accessible.

(5) Persons licensed under federal law to manufacture

any weapon from which 8 or more shots or bullets can be

discharged by a single function of the firing device, or

ammunition for such weapons, and actually engaged in the

business of manufacturing such weapons or ammunition, but

only with respect to activities which are within the lawful

scope of such business, such as the manufacture,

transportation, or testing of such weapons or ammunition.

This exemption does not authorize the general private

possession of any weapon from which 8 or more shots or

bullets can be discharged by a single function of the

firing device, but only such possession and activities as

are within the lawful scope of a licensed manufacturing

business described in this paragraph.

During transportation, such weapons shall be broken

down in a non-functioning state or not immediately

accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental

activities necessary thereto, of rifles, shotguns, and

weapons made from rifles or shotguns, or ammunition for

such rifles, shotguns or weapons, where engaged in by a

person operating as a contractor or subcontractor pursuant

to a contract or subcontract for the development and supply

of such rifles, shotguns, weapons or ammunition to the

United States government or any branch of the Armed Forces

of the United States, when such activities are necessary

and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such

contractor or subcontractor who is operating within the

scope of his employment, where such activities involving

such weapon, weapons or ammunition are necessary and

incident to fulfilling the terms of such contract.

(7) A person possessing a rifle with a barrel or

barrels less than 16 inches in length if: (A) the person

has been issued a Curios and Relics license from the U.S.

Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

the person is an active member of a bona fide, nationally

recognized military re-enacting group and the modification

is required and necessary to accurately portray the weapon

for historical re-enactment purposes; the re-enactor is in

possession of a valid and current re-enacting group

membership credential; and the overall length of the weapon

as modified is not less than 26 inches.

(d) Subsection 24-1(a)(1) does not apply to the purchase,

possession or carrying of a black-jack or slung-shot by a peace

officer.

(e) Subsection 24-1(a)(8) does not apply to any owner,

manager or authorized employee of any place specified in that

subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

Section 24-1.6 do not apply to members of any club or

organization organized for the purpose of practicing shooting

at targets upon established target ranges, whether public or

private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

to:

(1) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(2) Bonafide collectors of antique or surplus military

ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of

ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed

by the federal government, in connection with the supply of

those organizations and persons exempted by subdivision

(g)(1) of this Section, or like organizations and persons

outside this State, or the transportation of explosive

bullets to any organization or person exempted in this

Section by a common carrier or by a vehicle owned or leased

by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect

persons licensed under federal law to manufacture any device or

attachment of any kind designed, used, or intended for use in

silencing the report of any firearm, firearms, or ammunition

for those firearms equipped with those devices, and actually

engaged in the business of manufacturing those devices,

firearms, or ammunition, but only with respect to activities

that are within the lawful scope of that business, such as the

manufacture, transportation, or testing of those devices,

firearms, or ammunition. This exemption does not authorize the

general private possession of any device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm, but only such possession and activities

as are within the lawful scope of a licensed manufacturing

business described in this subsection (g-5). During

transportation, these devices shall be detached from any weapon

or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any parole agent or parole

supervisor who meets the qualifications and conditions

prescribed in Section 3-14-1.5 of the Unified Code of

Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace

officer while serving as a member of a tactical response team

or special operations team. A peace officer may not personally

own or apply for ownership of a device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm. These devices shall be owned and

maintained by lawfully recognized units of government whose

duties include the investigation of criminal acts.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

athlete's possession, transport on official Olympic and

Paralympic transit systems established for athletes, or use of

competition firearms sanctioned by the International Olympic

Committee, the International Paralympic Committee, the

International Shooting Sport Federation, or USA Shooting in

connection with such athlete's training for and participation

in shooting competitions at the 2016 Olympic and Paralympic

Games and sanctioned test events leading up to the 2016 Olympic

and Paralympic Games.

(h) An information or indictment based upon a violation of

any subsection of this Article need not negative any exemptions

contained in this Article. The defendant shall have the burden

of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or

affect the transportation, carrying, or possession, of any

pistol or revolver, stun gun, taser, or other firearm consigned

to a common carrier operating under license of the State of

Illinois or the federal government, where such transportation,

carrying, or possession is incident to the lawful

transportation in which such common carrier is engaged; and

nothing in this Article shall prohibit, apply to, or affect the

transportation, carrying, or possession of any pistol,

revolver, stun gun, taser, or other firearm, not the subject of

and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

this Article, which is unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container, by the

possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;

97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;

98-463, eff. 8-16-13; 98-725, eff. 1-1-15.)

Section 99. Effective date. This Act takes effect upon

becoming law.