101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4795

 

Introduced 2/18/2020, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 447/35-40
225 ILCS 447/35-45
720 ILCS 5/24-2

    Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Makes changes in provisions concerning firearm training requirements under the Act. Requires that commercial or industrial operations that employ one or more persons (rather than 5 or more persons) shall register their security forces with the Department of Financial and Professional Regulation and that registration subjects the security force to certain requirements. Amends the Criminal Code of 2012 to make conforming changes.


LRB101 17824 SPS 67257 b

 

 

A BILL FOR

 

HB4795LRB101 17824 SPS 67257 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 Sections 35-40 and 35-45 as follows:
 
7    (225 ILCS 447/35-40)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 35-40. Firearm control; training requirements.
10    (a) The Department shall, pursuant to rule, approve or
11disapprove training programs for the firearm training course,
12which shall be taught by a qualified instructor. Qualifications
13for instructors shall be set by rule. The firearm training
14course shall be conducted by entities, by a licensee, or by an
15agency licensed by this Act, provided the course is approved by
16the Department. The firearm course shall consist of the
17following minimum requirements:
18        (1) 48 40 hours of training as follows: ,
19            (A) 20 hours consisting of training which shall be
20        as described in Sections 15-20, 20-20, or 25-20, as
21        applicable; , and 20 hours of which shall include all of
22        the following:
23            (B) 8 hours consisting of practice firing on a

 

 

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1        range with live ammunition, including, but not limited
2        to, firing a minimum of 50 rounds of live ammunition
3        (factory loaded service ammunition or factory reloaded
4        ammunition) and attaining a minimum score of 70%
5        accuracy with each type of weapon the person is
6        authorized by the Department to carry and for which the
7        person has been trained; and
8            (C) 20 hours consisting of instruction in: (A)
9        Instruction in
10                (i) the dangers of and misuse of firearms,
11            their storage, safety rules, and care and cleaning
12            of firearms;
13                (ii) defensive tactics for in-holster weapon
14            retention;
15                (iii) . (B) Practice firing on a range with live
16            ammunition. (C) Instruction in the legal use of
17            firearms;
18                (iv) . (D) A presentation of the ethical and
19            moral considerations necessary for any person who
20            possesses a firearm;
21                (v) . (E) A review of the laws regarding arrest,
22            search, and seizure; and
23                (vi) liability . (F) Liability for acts that
24            may be performed in the course of employment.
25        (2) An examination shall be given at the completion of
26    the course. The examination shall consist of a firearms

 

 

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1    qualification course and a written examination. Successful
2    completion shall be determined by the Department.
3    (b) The firearm training requirement may be waived for a
4licensee or employee who has completed training provided by the
5Illinois Law Enforcement Training Standards Board or the
6equivalent public body of another state or is a qualified
7retired law enforcement officer as defined in the federal Law
8Enforcement Officers Safety Act of 2004 and is in compliance
9with all of the requirements of that Act, provided
10documentation showing requalification with the weapon on the
11firing range is submitted to the Department.
12    (c) In addition to the training provided for in subsection
13(a), a licensee or employee in possession of a valid firearm
14control card shall complete an additional 8 hours of refresher
15training each calendar year commencing with the calendar year
16following one year after the date of the issuance of the
17firearm control card. The 8 hours of training shall consist of
18practice firing on a range with live ammunition, including, but
19not limited to, firing a minimum of 50 rounds of live
20ammunition (factory loaded service ammunition or factory
21reloaded ammunition) and attaining a minimum score of 70%
22accuracy with each type of weapon the person is authorized by
23the Department to carry and for which the person has been
24trained.
25(Source: P.A. 98-253, eff. 8-9-13.)
 

 

 

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1    (225 ILCS 447/35-45)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 35-45. Armed proprietary security force.
4    (a) All financial institutions or commercial or industrial
5operations that employ one or more armed employees and all
6commercial or industrial operations that employ 5 or more
7persons as armed employees shall register their security forces
8with the Department on forms provided by the Department.
9Registration subjects the security force to all of the
10requirements of this Section. For the purposes of this Section,
11"financial institution" includes a bank, savings and loan
12association, credit union, currency exchange, or company
13providing armored car services.
14    (a-1) Commercial or industrial operations that employ less
15than 5 persons as armed employees may register their security
16forces with the Department on forms provided by the Department.
17Registration subjects the security force to all of the
18requirements of this Section.
19    (b) All armed employees of the registered proprietary
20security force must complete a 20-hour basic training course
21and all the 20-hour firearm training requirements of this
22Section.
23    (c) Every proprietary security force is required to apply
24to the Department, on forms supplied by the Department, for a
25firearm control card for each armed employee. Each armed
26employee shall have his or her fingerprints submitted to the

 

 

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1Department of State Police in an electronic format that
2complies with the form and manner for requesting and furnishing
3criminal history record information as prescribed by the
4Department of State Police. These fingerprints shall be checked
5against the Department of State Police and Federal Bureau of
6Investigation criminal history record databases. The
7Department of State Police shall charge the armed employee a
8fee for conducting the criminal history records check, which
9shall be deposited in the State Police Services Fund and shall
10not exceed the actual cost of the records check. The Department
11of State Police shall furnish, pursuant to positive
12identification, records of Illinois convictions to the
13Department. The Department may require armed employees to pay a
14separate fingerprinting fee, either to the Department or
15directly to the vendor. The Department, in its discretion, may
16allow an armed employee who does not have reasonable access to
17a designated vendor to provide his or her fingerprints in an
18alternative manner. The Department, in its discretion, may also
19use other procedures in performing or obtaining criminal
20background checks of armed employees. Instead of submitting his
21or her fingerprints, an individual may submit proof that is
22satisfactory to the Department that an equivalent security
23clearance has been conducted. Also, an individual who has
24retired as a peace officer within 12 months before application
25may submit verification, on forms provided by the Department
26and signed by his or her employer, of his or her previous

 

 

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1full-time employment as a peace officer.
2    (d) The Department may provide rules for the administration
3of this Section.
4(Source: P.A. 98-253, eff. 8-9-13.)
 
5    Section 10. The Criminal Code of 2012 is amended by
6changing Section 24-2 as follows:
 
7    (720 ILCS 5/24-2)
8    Sec. 24-2. Exemptions.
9    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
11the following:
12        (1) Peace officers, and any person summoned by a peace
13    officer to assist in making arrests or preserving the
14    peace, while actually engaged in assisting such officer.
15        (2) Wardens, superintendents and keepers of prisons,
16    penitentiaries, jails and other institutions for the
17    detention of persons accused or convicted of an offense,
18    while in the performance of their official duty, or while
19    commuting between their homes and places of employment.
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard or the
22    Reserve Officers Training Corps, while in the performance
23    of their official duty.
24        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance of
3    the duties of their employment or commuting between their
4    homes and places of employment; and watchmen while actually
5    engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by a private security contractor, private
10    detective, or private alarm contractor agency licensed by
11    the Department of Financial and Professional Regulation,
12    if their duties include the carrying of a weapon under the
13    provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004, while actually engaged in the performance of the
16    duties of their employment or commuting between their homes
17    and places of employment. A person shall be considered
18    eligible for this exemption if he or she has completed the
19    required 28 20 hours of training for a private security
20    contractor, private detective, or private alarm
21    contractor, or employee of a licensed private security
22    contractor, private detective, or private alarm contractor
23    agency and 20 hours of required firearm training, and has
24    been issued a firearm control card by the Department of
25    Financial and Professional Regulation. Conditions for the
26    renewal of firearm control cards issued under the

 

 

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1    provisions of this Section shall be the same as for those
2    cards issued under the provisions of the Private Detective,
3    Private Alarm, Private Security, Fingerprint Vendor, and
4    Locksmith Act of 2004. The firearm control card shall be
5    carried by the private security contractor, private
6    detective, or private alarm contractor, or employee of the
7    licensed private security contractor, private detective,
8    or private alarm contractor agency at all times when he or
9    she is in possession of a concealable weapon permitted by
10    his or her firearm control card.
11        (6) Any person regularly employed in a commercial or
12    industrial operation as a security guard for the protection
13    of persons employed and private property related to such
14    commercial or industrial operation, while actually engaged
15    in the performance of his or her duty or traveling between
16    sites or properties belonging to the employer, and who, as
17    a security guard, is a member of a security force
18    registered with the Department of Financial and
19    Professional Regulation; provided that such security guard
20    has successfully completed a course of study, approved by
21    and supervised by the Department of Financial and
22    Professional Regulation, consisting of not less than 40
23    hours of training that includes the theory of law
24    enforcement, liability for acts, and the handling of
25    weapons. A person shall be considered eligible for this
26    exemption if he or she has completed the required 28 20

 

 

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1    hours of training for a security officer and 20 hours of
2    required firearm training, and has been issued a firearm
3    control card by the Department of Financial and
4    Professional Regulation. Conditions for the renewal of
5    firearm control cards issued under the provisions of this
6    Section shall be the same as for those cards issued under
7    the provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004. The firearm control card shall be carried by the
10    security guard at all times when he or she is in possession
11    of a concealable weapon permitted by his or her firearm
12    control card.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution as a
19    security guard for the protection of other employees and
20    property related to such financial institution, while
21    actually engaged in the performance of their duties,
22    commuting between their homes and places of employment, or
23    traveling between sites or properties owned or operated by
24    such financial institution, and who, as a security guard,
25    is a member of a security force registered with the
26    Department; provided that any person so employed has

 

 

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1    successfully completed a course of study, approved by and
2    supervised by the Department of Financial and Professional
3    Regulation, consisting of not less than 40 hours of
4    training which includes theory of law enforcement,
5    liability for acts, and the handling of weapons. A person
6    shall be considered to be eligible for this exemption if he
7    or she has completed the required 20 hours of training for
8    a security officer and 28 20 hours of required firearm
9    training, and has been issued a firearm control card by the
10    Department of Financial and Professional Regulation.
11    Conditions for renewal of firearm control cards issued
12    under the provisions of this Section shall be the same as
13    for those issued under the provisions of the Private
14    Detective, Private Alarm, Private Security, Fingerprint
15    Vendor, and Locksmith Act of 2004. The firearm control card
16    shall be carried by the security guard at all times when he
17    or she is in possession of a concealable weapon permitted
18    by his or her firearm control card. For purposes of this
19    subsection, "financial institution" means a bank, savings
20    and loan association, credit union or company providing
21    armored car services.
22        (9) Any person employed by an armored car company to
23    drive an armored car, while actually engaged in the
24    performance of his duties.
25        (10) Persons who have been classified as peace officers
26    pursuant to the Peace Officer Fire Investigation Act.

 

 

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1        (11) Investigators of the Office of the State's
2    Attorneys Appellate Prosecutor authorized by the board of
3    governors of the Office of the State's Attorneys Appellate
4    Prosecutor to carry weapons pursuant to Section 7.06 of the
5    State's Attorneys Appellate Prosecutor's Act.
6        (12) Special investigators appointed by a State's
7    Attorney under Section 3-9005 of the Counties Code.
8        (12.5) Probation officers while in the performance of
9    their duties, or while commuting between their homes,
10    places of employment or specific locations that are part of
11    their assigned duties, with the consent of the chief judge
12    of the circuit for which they are employed, if they have
13    received weapons training according to requirements of the
14    Peace Officer and Probation Officer Firearm Training Act.
15        (13) Court Security Officers while in the performance
16    of their official duties, or while commuting between their
17    homes and places of employment, with the consent of the
18    Sheriff.
19        (13.5) A person employed as an armed security guard at
20    a nuclear energy, storage, weapons or development site or
21    facility regulated by the Nuclear Regulatory Commission
22    who has completed the background screening and training
23    mandated by the rules and regulations of the Nuclear
24    Regulatory Commission.
25        (14) Manufacture, transportation, or sale of weapons
26    to persons authorized under subdivisions (1) through

 

 

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1    (13.5) of this subsection to possess those weapons.
2    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
3to or affect any person carrying a concealed pistol, revolver,
4or handgun and the person has been issued a currently valid
5license under the Firearm Concealed Carry Act at the time of
6the commission of the offense.
7     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
8to or affect a qualified current or retired law enforcement
9officer qualified under the laws of this State or under the
10federal Law Enforcement Officers Safety Act.
11    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 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        (5) Carrying or possessing any pistol, revolver, stun
26    gun or taser or other firearm on the land or in the legal

 

 

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1    dwelling of another person as an invitee with that person's
2    permission.
3    (c) Subsection 24-1(a)(7) does not apply to or affect any
4of the following:
5        (1) Peace officers while in performance of their
6    official duties.
7        (2) Wardens, superintendents and keepers of prisons,
8    penitentiaries, jails and other institutions for the
9    detention of persons accused or convicted of an offense.
10        (3) Members of the Armed Services or Reserve Forces of
11    the United States or the Illinois National Guard, while in
12    the performance of their official duty.
13        (4) Manufacture, transportation, or sale of machine
14    guns to persons authorized under subdivisions (1) through
15    (3) of this subsection to possess machine guns, if the
16    machine guns are broken down in a non-functioning state or
17    are not immediately accessible.
18        (5) Persons licensed under federal law to manufacture
19    any weapon from which 8 or more shots or bullets can be
20    discharged by a single function of the firing device, or
21    ammunition for such weapons, and actually engaged in the
22    business of manufacturing such weapons or ammunition, but
23    only with respect to activities which are within the lawful
24    scope of such business, such as the manufacture,
25    transportation, or testing of such weapons or ammunition.
26    This exemption does not authorize the general private

 

 

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1    possession of any weapon from which 8 or more shots or
2    bullets can be discharged by a single function of the
3    firing device, but only such possession and activities as
4    are within the lawful scope of a licensed manufacturing
5    business described in this paragraph.
6        During transportation, such weapons shall be broken
7    down in a non-functioning state or not immediately
8    accessible.
9        (6) The manufacture, transport, testing, delivery,
10    transfer or sale, and all lawful commercial or experimental
11    activities necessary thereto, of rifles, shotguns, and
12    weapons made from rifles or shotguns, or ammunition for
13    such rifles, shotguns or weapons, where engaged in by a
14    person operating as a contractor or subcontractor pursuant
15    to a contract or subcontract for the development and supply
16    of such rifles, shotguns, weapons or ammunition to the
17    United States government or any branch of the Armed Forces
18    of the United States, when such activities are necessary
19    and incident to fulfilling the terms of such contract.
20        The exemption granted under this subdivision (c)(6)
21    shall also apply to any authorized agent of any such
22    contractor or subcontractor who is operating within the
23    scope of his employment, where such activities involving
24    such weapon, weapons or ammunition are necessary and
25    incident to fulfilling the terms of such contract.
26        (7) A person possessing a rifle with a barrel or

 

 

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1    barrels less than 16 inches in length if: (A) the person
2    has been issued a Curios and Relics license from the U.S.
3    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
4    the person is an active member of a bona fide, nationally
5    recognized military re-enacting group and the modification
6    is required and necessary to accurately portray the weapon
7    for historical re-enactment purposes; the re-enactor is in
8    possession of a valid and current re-enacting group
9    membership credential; and the overall length of the weapon
10    as modified is not less than 26 inches.
11    (d) Subsection 24-1(a)(1) does not apply to the purchase,
12possession or carrying of a black-jack or slung-shot by a peace
13officer.
14    (e) Subsection 24-1(a)(8) does not apply to any owner,
15manager or authorized employee of any place specified in that
16subsection nor to any law enforcement officer.
17    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
18Section 24-1.6 do not apply to members of any club or
19organization organized for the purpose of practicing shooting
20at targets upon established target ranges, whether public or
21private, while using their firearms on those target ranges.
22    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
23to:
24        (1) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while in
26    the performance of their official duty.

 

 

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1        (2) Bonafide collectors of antique or surplus military
2    ordnance.
3        (3) Laboratories having a department of forensic
4    ballistics, or specializing in the development of
5    ammunition or explosive ordnance.
6        (4) Commerce, preparation, assembly or possession of
7    explosive bullets by manufacturers of ammunition licensed
8    by the federal government, in connection with the supply of
9    those organizations and persons exempted by subdivision
10    (g)(1) of this Section, or like organizations and persons
11    outside this State, or the transportation of explosive
12    bullets to any organization or person exempted in this
13    Section by a common carrier or by a vehicle owned or leased
14    by an exempted manufacturer.
15    (g-5) Subsection 24-1(a)(6) does not apply to or affect
16persons licensed under federal law to manufacture any device or
17attachment of any kind designed, used, or intended for use in
18silencing the report of any firearm, firearms, or ammunition
19for those firearms equipped with those devices, and actually
20engaged in the business of manufacturing those devices,
21firearms, or ammunition, but only with respect to activities
22that are within the lawful scope of that business, such as the
23manufacture, transportation, or testing of those devices,
24firearms, or ammunition. This exemption does not authorize the
25general private possession of any device or attachment of any
26kind designed, used, or intended for use in silencing the

 

 

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1report of any firearm, but only such possession and activities
2as are within the lawful scope of a licensed manufacturing
3business described in this subsection (g-5). During
4transportation, these devices shall be detached from any weapon
5or not immediately accessible.
6    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any parole agent or parole
8supervisor who meets the qualifications and conditions
9prescribed in Section 3-14-1.5 of the Unified Code of
10Corrections.
11    (g-7) Subsection 24-1(a)(6) does not apply to a peace
12officer while serving as a member of a tactical response team
13or special operations team. A peace officer may not personally
14own or apply for ownership of a device or attachment of any
15kind designed, used, or intended for use in silencing the
16report of any firearm. These devices shall be owned and
17maintained by lawfully recognized units of government whose
18duties include the investigation of criminal acts.
19    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2024-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
21athlete's possession, transport on official Olympic and
22Paralympic transit systems established for athletes, or use of
23competition firearms sanctioned by the International Olympic
24Committee, the International Paralympic Committee, the
25International Shooting Sport Federation, or USA Shooting in
26connection with such athlete's training for and participation

 

 

HB4795- 18 -LRB101 17824 SPS 67257 b

1in shooting competitions at the 2016 Olympic and Paralympic
2Games and sanctioned test events leading up to the 2016 Olympic
3and Paralympic Games.
4    (h) An information or indictment based upon a violation of
5any subsection of this Article need not negative any exemptions
6contained in this Article. The defendant shall have the burden
7of proving such an exemption.
8    (i) Nothing in this Article shall prohibit, apply to, or
9affect the transportation, carrying, or possession, of any
10pistol or revolver, stun gun, taser, or other firearm consigned
11to a common carrier operating under license of the State of
12Illinois or the federal government, where such transportation,
13carrying, or possession is incident to the lawful
14transportation in which such common carrier is engaged; and
15nothing in this Article shall prohibit, apply to, or affect the
16transportation, carrying, or possession of any pistol,
17revolver, stun gun, taser, or other firearm, not the subject of
18and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
19this Article, which is unloaded and enclosed in a case, firearm
20carrying box, shipping box, or other container, by the
21possessor of a valid Firearm Owners Identification Card.
22(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)