101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3654

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 447/35-30

    Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that no person shall be issued a permanent employee registration card who has been convicted of battery, aggravated battery, domestic battery, or aggravated domestic battery if the offense for which the person was convicted or adjudicated was sexually motivated. Effective immediately.


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A BILL FOR

 

HB3654LRB101 11013 JRG 56207 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Section 35-30 as follows:
 
7    (225 ILCS 447/35-30)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 35-30. Employee requirements. All employees of a
10licensed agency, other than those exempted, shall apply for a
11permanent employee registration card. The holder of an agency
12license issued under this Act, known in this Section as
13"employer", may employ in the conduct of his or her business
14employees under the following provisions:
15    (a) No person shall be issued a permanent employee
16registration card who:
17        (1) Is younger than 18 years of age.
18        (2) Is younger than 21 years of age if the services
19    will include being armed.
20        (3) Has been determined by the Department to be unfit
21    by reason of conviction of an offense in this or another
22    state, including registration as a sex offender, but not
23    including a traffic offense. Persons convicted of felonies

 

 

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1    involving bodily harm, weapons, violence, or theft within
2    the previous 10 years shall be presumed to be unfit for
3    registration. The Department shall adopt rules for making
4    those determinations that shall afford the applicant due
5    process of law.
6        (4) Has had a license or permanent employee
7    registration card denied, suspended, or revoked under this
8    Act (i) within one year before the date the person's
9    application for permanent employee registration card is
10    received by the Department; and (ii) that refusal, denial,
11    suspension, or revocation was based on any provision of
12    this Act other than Section 40-50, item (6) or (8) of
13    subsection (a) of Section 15-10, subsection (b) of Section
14    15-10, item (6) or (8) of subsection (a) of Section 20-10,
15    subsection (b) of Section 20-10, item (6) or (8) of
16    subsection (a) of Section 25-10, subsection (b) of Section
17    25-10, item (7) of subsection (a) of Section 30-10,
18    subsection (b) of Section 30-10, or Section 10-40.
19        (5) Has been declared incompetent by any court of
20    competent jurisdiction by reason of mental disease or
21    defect and has not been restored.
22        (6) Has been dishonorably discharged from the armed
23    services of the United States.
24        (7) Has been convicted of battery under Section 12-3 of
25    the Criminal Code of 2012, aggravated battery under Section
26    12-3.05 of the Criminal Code of 2012, domestic battery

 

 

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1    under Section 12-3.2 of the Criminal Code of 2012, or
2    aggravated domestic battery under Section 12-3.3 of the
3    Criminal Code of 2012 if the offense for which the person
4    was convicted or adjudicated was sexually motivated, as
5    defined by Section 10 of the Sex Offender Management Board
6    Act.
7    (b) No person may be employed by a private detective
8agency, private security contractor agency, private alarm
9contractor agency, fingerprint vendor agency, or locksmith
10agency under this Section until he or she has executed and
11furnished to the employer, on forms furnished by the
12Department, a verified statement to be known as "Employee's
13Statement" setting forth:
14        (1) The person's full name, age, and residence address.
15        (2) The business or occupation engaged in for the 5
16    years immediately before the date of the execution of the
17    statement, the place where the business or occupation was
18    engaged in, and the names of employers, if any.
19        (3) That the person has not had a license or employee
20    registration denied, revoked, or suspended under this Act
21    (i) within one year before the date the person's
22    application for permanent employee registration card is
23    received by the Department; and (ii) that refusal, denial,
24    suspension, or revocation was based on any provision of
25    this Act other than Section 40-50, item (6) or (8) of
26    subsection (a) of Section 15-10, subsection (b) of Section

 

 

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1    15-10, item (6) or (8) of subsection (a) of Section 20-10,
2    subsection (b) of Section 20-10, item (6) or (8) of
3    subsection (a) of Section 25-10, subsection (b) of Section
4    25-10, item (7) of subsection (a) of Section 30-10,
5    subsection (b) of Section 30-10, or Section 10-40.
6        (4) Any conviction of a felony or misdemeanor.
7        (5) Any declaration of incompetence by a court of
8    competent jurisdiction that has not been restored.
9        (6) Any dishonorable discharge from the armed services
10    of the United States.
11        (7) Any other information as may be required by any
12    rule of the Department to show the good character,
13    competency, and integrity of the person executing the
14    statement.
15    (c) Each applicant for a permanent employee registration
16card shall have his or her fingerprints submitted to the
17Department of State Police in an electronic format that
18complies with the form and manner for requesting and furnishing
19criminal history record information as prescribed by the
20Department of State Police. These fingerprints shall be checked
21against the Department of State Police and Federal Bureau of
22Investigation criminal history record databases now and
23hereafter filed. The Department of State Police shall charge
24applicants a fee for conducting the criminal history records
25check, which shall be deposited in the State Police Services
26Fund and shall not exceed the actual cost of the records check.

 

 

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1The Department of State Police shall furnish, pursuant to
2positive identification, records of Illinois convictions to
3the Department. The Department may require applicants to pay a
4separate fingerprinting fee, either to the Department or
5directly to the vendor. The Department, in its discretion, may
6allow an applicant who does not have reasonable access to a
7designated vendor to provide his or her fingerprints in an
8alternative manner. The Department, in its discretion, may also
9use other procedures in performing or obtaining criminal
10background checks of applicants. Instead of submitting his or
11her fingerprints, an individual may submit proof that is
12satisfactory to the Department that an equivalent security
13clearance has been conducted. Also, an individual who has
14retired as a peace officer within 12 months of application may
15submit verification, on forms provided by the Department and
16signed by his or her employer, of his or her previous full-time
17employment as a peace officer.
18    (d) The Department shall issue a permanent employee
19registration card, in a form the Department prescribes, to all
20qualified applicants. The holder of a permanent employee
21registration card shall carry the card at all times while
22actually engaged in the performance of the duties of his or her
23employment. Expiration and requirements for renewal of
24permanent employee registration cards shall be established by
25rule of the Department. Possession of a permanent employee
26registration card does not in any way imply that the holder of

 

 

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1the card is employed by an agency unless the permanent employee
2registration card is accompanied by the employee
3identification card required by subsection (f) of this Section.
4    (e) Each employer shall maintain a record of each employee
5that is accessible to the duly authorized representatives of
6the Department. The record shall contain the following
7information:
8        (1) A photograph taken within 10 days of the date that
9    the employee begins employment with the employer. The
10    photograph shall be replaced with a current photograph
11    every 3 calendar years.
12        (2) The Employee's Statement specified in subsection
13    (b) of this Section.
14        (3) All correspondence or documents relating to the
15    character and integrity of the employee received by the
16    employer from any official source or law enforcement
17    agency.
18        (4) In the case of former employees, the employee
19    identification card of that person issued under subsection
20    (f) of this Section. Each employee record shall duly note
21    if the employee is employed in an armed capacity. Armed
22    employee files shall contain a copy of an active firearm
23    owner's identification card and a copy of an active firearm
24    control card. Each employer shall maintain a record for
25    each armed employee of each instance in which the
26    employee's weapon was discharged during the course of his

 

 

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1    or her professional duties or activities. The record shall
2    be maintained on forms provided by the Department, a copy
3    of which must be filed with the Department within 15 days
4    of an instance. The record shall include the date and time
5    of the occurrence, the circumstances involved in the
6    occurrence, and any other information as the Department may
7    require. Failure to provide this information to the
8    Department or failure to maintain the record as a part of
9    each armed employee's permanent file is grounds for
10    disciplinary action. The Department, upon receipt of a
11    report, shall have the authority to make any investigation
12    it considers appropriate into any occurrence in which an
13    employee's weapon was discharged and to take disciplinary
14    action as may be appropriate.
15        (5) A copy of the employee's permanent employee
16    registration card or a copy of the Department's "License
17    Lookup" Webpage showing that the employee has been issued a
18    valid permanent employee registration card by the
19    Department.
20    The Department may, by rule, prescribe further record
21requirements.
22    (f) Every employer shall furnish an employee
23identification card to each of his or her employees. This
24employee identification card shall contain a recent photograph
25of the employee, the employee's name, the name and agency
26license number of the employer, the employee's personal

 

 

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1description, the signature of the employer, the signature of
2that employee, the date of issuance, and an employee
3identification card number.
4    (g) No employer may issue an employee identification card
5to any person who is not employed by the employer in accordance
6with this Section or falsely state or represent that a person
7is or has been in his or her employ. It is unlawful for an
8applicant for registered employment to file with the Department
9the fingerprints of a person other than himself or herself.
10    (h) Every employer shall obtain the identification card of
11every employee who terminates employment with him or her.
12    (i) Every employer shall maintain a separate roster of the
13names of all employees currently working in an armed capacity
14and submit the roster to the Department on request.
15    (j) No agency may employ any person to perform a licensed
16activity under this Act unless the person possesses a valid
17permanent employee registration card or a valid license under
18this Act, or is exempt pursuant to subsection (n).
19    (k) Notwithstanding the provisions of subsection (j), an
20agency may employ a person in a temporary capacity if all of
21the following conditions are met:
22        (1) The agency completes in its entirety and submits to
23    the Department an application for a permanent employee
24    registration card, including the required fingerprint
25    receipt and fees.
26        (2) The agency has verification from the Department

 

 

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1    that the applicant has no record of any criminal conviction
2    pursuant to the criminal history check conducted by the
3    Department of State Police. The agency shall maintain the
4    verification of the results of the Department of State
5    Police criminal history check as part of the employee
6    record as required under subsection (e) of this Section.
7        (3) The agency exercises due diligence to ensure that
8    the person is qualified under the requirements of the Act
9    to be issued a permanent employee registration card.
10        (4) The agency maintains a separate roster of the names
11    of all employees whose applications are currently pending
12    with the Department and submits the roster to the
13    Department on a monthly basis. Rosters are to be maintained
14    by the agency for a period of at least 24 months.
15    An agency may employ only a permanent employee applicant
16for which it either submitted a permanent employee application
17and all required forms and fees or it confirms with the
18Department that a permanent employee application and all
19required forms and fees have been submitted by another agency,
20licensee or the permanent employee and all other requirements
21of this Section are met.
22    The Department shall have the authority to revoke, without
23a hearing, the temporary authority of an individual to work
24upon receipt of Federal Bureau of Investigation fingerprint
25data or a report of another official authority indicating a
26criminal conviction. If the Department has not received a

 

 

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1temporary employee's Federal Bureau of Investigation
2fingerprint data within 120 days of the date the Department
3received the Department of State Police fingerprint data, the
4Department may, at its discretion, revoke the employee's
5temporary authority to work with 15 days written notice to the
6individual and the employing agency.
7    An agency may not employ a person in a temporary capacity
8if it knows or reasonably should have known that the person has
9been convicted of a crime under the laws of this State, has
10been convicted in another state of any crime that is a crime
11under the laws of this State, has been convicted of any crime
12in a federal court, or has been posted as an unapproved
13applicant by the Department. Notice by the Department to the
14agency, via certified mail, personal delivery, electronic
15mail, or posting on the Department's Internet site accessible
16to the agency that the person has been convicted of a crime
17shall be deemed constructive knowledge of the conviction on the
18part of the agency. The Department may adopt rules to implement
19this subsection (k).
20    (l) No person may be employed under this Section in any
21capacity if:
22        (1) the person, while so employed, is being paid by the
23    United States or any political subdivision for the time so
24    employed in addition to any payments he or she may receive
25    from the employer; or
26        (2) the person wears any portion of his or her official

 

 

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1    uniform, emblem of authority, or equipment while so
2    employed.
3    (m) If information is discovered affecting the
4registration of a person whose fingerprints were submitted
5under this Section, the Department shall so notify the agency
6that submitted the fingerprints on behalf of that person.
7    (n) Peace officers shall be exempt from the requirements of
8this Section relating to permanent employee registration
9cards. The agency shall remain responsible for any peace
10officer employed under this exemption, regardless of whether
11the peace officer is compensated as an employee or as an
12independent contractor and as further defined by rule.
13    (o) Persons who have no access to confidential or security
14information, who do not go to a client's or prospective
15client's residence or place of business, and who otherwise do
16not provide traditional security services are exempt from
17employee registration. Examples of exempt employees include,
18but are not limited to, employees working in the capacity of
19ushers, directors, ticket takers, cashiers, drivers, and
20reception personnel. Confidential or security information is
21that which pertains to employee files, scheduling, client
22contracts, or technical security and alarm data.
23    (p) An applicant who is 21 years of age or older seeking a
24religious exemption to the photograph requirement of this
25Section shall furnish with the application an approved copy of
26United States Department of the Treasury Internal Revenue

 

 

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1Service Form 4029. Regardless of age, an applicant seeking a
2religious exemption to this photograph requirement shall
3submit fingerprints in a form and manner prescribed by the
4Department with his or her application in lieu of a photograph.
5(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.