Full Text of HB4863 95th General Assembly
HB4863 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4863
Introduced , by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: |
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225 ILCS 447/5-10 |
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225 ILCS 447/35-45 |
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Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. Provides that a commercial or industrial operation that employs less than 5 employees in an armed capacity and that is approved by the Department of Financial and Professional Regulation may, but is not required to, register as a proprietary security force. Provides that an armed employee of an operation that elects to register may provide armed employee functions in the performance of his or her overall job duties and is not required to be employed with the operation as an armed employee on a full-time basis.
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A BILL FOR
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HB4863 |
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LRB095 18928 RAS 45081 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 |
| amended by changing Sections 5-10 and 35-45 as follows:
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| (225 ILCS 447/5-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 5-10. Definitions. As used in this Act:
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| "Advertisement" means any printed material that is | 11 |
| published in a phone book,
newspaper, magazine, pamphlet, | 12 |
| newsletter, or other similar type of publication
that is
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| intended to either attract business or merely provide contact | 14 |
| information to
the public for
an agency or licensee. | 15 |
| Advertisement shall include any material disseminated by
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| printed or electronic means or media, but shall not include a | 17 |
| licensee's or an
agency's
letterhead, business cards, or other | 18 |
| stationery used in routine business
correspondence or
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| customary name, address, and number type listings in a | 20 |
| telephone directory.
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| "Alarm system" means any system, including an electronic | 22 |
| access control
system, a
surveillance video system, a security | 23 |
| video system, a burglar alarm system, a
fire alarm
system, or |
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LRB095 18928 RAS 45081 b |
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| any other electronic system, that activates an audible, | 2 |
| visible,
remote, or
recorded signal that is designed for the | 3 |
| protection or detection of intrusion,
entry, theft,
fire, | 4 |
| vandalism, escape, or trespass.
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| "Armed employee" means a licensee or registered person who | 6 |
| is employed by an
agency licensed or an armed proprietary | 7 |
| security force registered under this
Act who carries a weapon | 8 |
| while engaged in the
performance
of official duties within the | 9 |
| course and scope of his or her employment during
the hours
and | 10 |
| times the employee is scheduled to work or is commuting between | 11 |
| his or her
home or
place of employment, provided that commuting | 12 |
| is accomplished within one hour
from
departure from home or | 13 |
| place of employment.
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| "Armed proprietary security force" means a security force | 15 |
| made up of 5 or
more
armed individuals employed by a private, | 16 |
| commercial, or industrial operation or
one or
more armed | 17 |
| individuals employed by a financial institution as security | 18 |
| officers
for the
protection of persons or property or a | 19 |
| commercial or industrial operation that elects to register its | 20 |
| security force with the Department .
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| "Board" means the Private Detective, Private Alarm, | 22 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
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| "Branch office" means a business location removed from the | 24 |
| place of business
for which an agency license has been issued, | 25 |
| including, but not limited to,
locations where active employee | 26 |
| records that are required to be maintained
under this Act are |
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LRB095 18928 RAS 45081 b |
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| kept, where prospective new
employees
are processed, or where | 2 |
| members of the public are invited in to transact
business. A
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| branch office does not include an office or other facility | 4 |
| located on the
property of an
existing client that is utilized | 5 |
| solely for the benefit of that client and is
not owned or
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| leased by the agency.
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| "Canine handler" means a person who uses or handles a | 8 |
| trained dog
to protect persons or property or
to conduct | 9 |
| investigations. | 10 |
| "Canine handler authorization card" means a card issued by | 11 |
| the Department that authorizes
the holder to use or handle a | 12 |
| trained dog to protect persons or property or to conduct
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| investigations during the performance of his or her duties as | 14 |
| specified in this Act. | 15 |
| "Canine trainer" means a person who acts as a dog trainer | 16 |
| for the purpose of training dogs to protect
persons or property | 17 |
| or to conduct investigations. | 18 |
| "Canine trainer authorization card" means a card issued by | 19 |
| the Department that authorizes the
holder to train a dog to | 20 |
| protect persons or property or to conduct investigations during | 21 |
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performance of his or her duties as specified in this Act. | 22 |
| "Canine training facility" means a facility operated by a | 23 |
| licensed private detective agency or private
security agency | 24 |
| wherein dogs are trained for the purposes of protecting persons | 25 |
| or property or to
conduct investigations.
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| "Corporation" means an artificial person or legal entity |
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LRB095 18928 RAS 45081 b |
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| created by or under
the
authority of the laws of a state, | 2 |
| including without limitation a corporation,
limited liability | 3 |
| company, or any other legal entity.
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| "Department" means the Department of Financial and
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| Professional Regulation.
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| "Employee" means a person who works for a person or agency | 7 |
| that has the
right to
control the details of the work performed | 8 |
| and is not dependent upon whether or
not
federal or state | 9 |
| payroll taxes are withheld.
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| "Fingerprint vendor" means a person that offers, | 11 |
| advertises, or provides services to fingerprint individuals, | 12 |
| through electronic or other means, for the purpose of providing | 13 |
| fingerprint images and associated demographic data to the | 14 |
| Department of State Police for processing fingerprint based | 15 |
| criminal history record information inquiries. | 16 |
| "Fingerprint vendor agency" means a person, firm, | 17 |
| corporation, or other legal entity that engages in the | 18 |
| fingerprint vendor business and employs, in addition to the | 19 |
| fingerprint vendor licensee-in-charge, at least one other | 20 |
| person in conducting that business. | 21 |
| "Fingerprint vendor licensee-in-charge" means a person who | 22 |
| has been designated by a fingerprint vendor agency to be the | 23 |
| licensee-in-charge of an agency who is a full-time management | 24 |
| employee or owner who assumes sole responsibility for | 25 |
| maintaining all records required by this Act and who assumes | 26 |
| sole responsibility for assuring the licensed agency's |
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LRB095 18928 RAS 45081 b |
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| compliance with its responsibilities as stated in this Act. The | 2 |
| Department shall adopt rules mandating licensee-in-charge | 3 |
| participation in agency affairs.
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| "Fire alarm system" means any system that is activated by | 5 |
| an automatic or
manual device in the detection of smoke, heat, | 6 |
| or fire that activates an
audible, visible, or
remote signal | 7 |
| requiring a response.
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| "Firearm control card" means a card issued by the | 9 |
| Department that
authorizes
the holder, who has complied with | 10 |
| the training and other requirements of this Act, to carry a | 11 |
| weapon during the performance of his or her duties as
specified | 12 |
| in
this Act.
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| "Firm" means an unincorporated business entity, including | 14 |
| but not limited to
proprietorships and partnerships.
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| "Locksmith" means
a person who engages in a business or | 16 |
| holds himself out to the public as
providing a service that | 17 |
| includes, but is not limited to, the servicing,
installing, | 18 |
| originating first keys, re-coding, repairing, maintaining,
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| manipulating, or bypassing of a mechanical or electronic | 20 |
| locking device, access
control or video surveillance system at | 21 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 22 |
| automatic teller machines.
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| "Locksmith agency" means a person, firm, corporation, or | 24 |
| other legal entity
that engages
in the
locksmith business and | 25 |
| employs, in addition to the locksmith
licensee-in-charge, at | 26 |
| least
one other person in conducting such business.
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| "Locksmith licensee-in-charge" means a person who has been | 2 |
| designated by
agency to be the licensee-in-charge of an agency,
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| who is a
full-time management employee or owner who assumes | 4 |
| sole responsibility
for
maintaining all records required by | 5 |
| this Act, and who assumes sole
responsibility for
assuring the | 6 |
| licensed agency's compliance with its responsibilities as | 7 |
| stated
in this Act. The Department shall adopt rules mandating | 8 |
| licensee-in-charge
participation in agency affairs.
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| "Peace officer" or "police officer" means a person who, by | 10 |
| virtue of office
or
public
employment, is vested by law with a | 11 |
| duty to maintain public order or to make
arrests for
offenses, | 12 |
| whether that duty extends to all offenses or is limited to | 13 |
| specific
offenses.
Officers, agents, or employees of the | 14 |
| federal government commissioned by
federal
statute
to make | 15 |
| arrests for violations of federal laws are considered peace | 16 |
| officers.
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| "Permanent employee registration card" means a card issued | 18 |
| by the Department
to an
individual who has applied to the | 19 |
| Department and meets the requirements for
employment by a | 20 |
| licensed agency under this Act.
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| "Person" means a natural person.
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| "Private alarm contractor" means a person who engages in a | 23 |
| business that
individually or through others undertakes, | 24 |
| offers to undertake, purports to
have the
capacity to | 25 |
| undertake, or submits a bid to sell, install, design, monitor, | 26 |
| maintain,
alter, repair,
replace, or service alarm and other |
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LRB095 18928 RAS 45081 b |
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| security-related systems or parts thereof,
including fire
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| alarm systems, at protected premises or premises to be | 3 |
| protected or responds to
alarm
systems at a protected premises | 4 |
| on an emergency basis and not as a full-time
security officer. | 5 |
| "Private alarm contractor" does not include a person, firm,
or
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| corporation that
manufactures or sells alarm systems
only from | 7 |
| its place of business and does not sell, install, monitor, | 8 |
| maintain,
alter, repair, replace, service, or respond to alarm | 9 |
| systems at protected
premises or premises to be protected.
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| "Private alarm contractor agency" means a person, | 11 |
| corporation, or other
entity
that
engages in the private alarm | 12 |
| contracting business and employs, in addition to
the private
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| alarm contractor-in-charge, at least one other person in | 14 |
| conducting such
business.
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| "Private alarm contractor licensee-in-charge" means a | 16 |
| person who has been
designated by an
agency to be the | 17 |
| licensee-in-charge of an agency, who is a full-time management
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| employee or owner who
assumes sole
responsibility for | 19 |
| maintaining all records required by this Act, and who
assumes
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| sole
responsibility for assuring the licensed agency's | 21 |
| compliance with its
responsibilities as
stated in this Act.
The | 22 |
| Department shall adopt rules mandating licensee-in-charge | 23 |
| participation in
agency affairs.
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| "Private detective" means any person who by any means, | 25 |
| including, but not
limited to, manual, canine odor detection,
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| or electronic methods, engages in the business of, accepts
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LRB095 18928 RAS 45081 b |
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| employment
to furnish, or agrees to make or makes | 2 |
| investigations for a fee or other
consideration to
obtain | 3 |
| information relating to:
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| (1) Crimes or wrongs done or threatened against the | 5 |
| United States, any
state or
territory of the United States, | 6 |
| or any local government of a state or
territory.
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| (2) The identity, habits, conduct, business | 8 |
| occupation, honesty,
integrity,
credibility, knowledge, | 9 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 10 |
| whereabouts, affiliations, associations, transactions, | 11 |
| acts,
reputation, or character of any person, firm, or | 12 |
| other entity by any means,
manual or electronic.
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| (3) The location, disposition, or recovery of lost or | 14 |
| stolen property.
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| (4) The cause, origin, or responsibility for fires, | 16 |
| accidents, or injuries
to
individuals or real or personal | 17 |
| property.
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| (5) The truth or falsity of any statement or | 19 |
| representation.
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| (6) Securing evidence to be used before any court, | 21 |
| board, or investigating
body.
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| (7) The protection of individuals from bodily harm or | 23 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 25 |
| proceedings without court
order.
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| "Private detective agency" means a person, firm, |
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HB4863 |
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LRB095 18928 RAS 45081 b |
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| corporation, or other legal
entity that engages
in the
private | 2 |
| detective business and employs, in addition to the | 3 |
| licensee-in-charge,
one or more
persons in conducting such | 4 |
| business.
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| "Private detective licensee-in-charge" means a person who | 6 |
| has been designated
by an agency
to be the licensee-in-charge | 7 |
| of an
agency,
who is a full-time management employee or owner
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| who assumes sole
responsibility
for
maintaining all records | 9 |
| required by this Act, and who assumes sole
responsibility
for | 10 |
| assuring
the licensed agency's compliance with its | 11 |
| responsibilities as stated in this
Act. The Department shall | 12 |
| adopt rules mandating licensee-in-charge
participation in | 13 |
| agency affairs.
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| "Private security contractor" means a person who engages in | 15 |
| the business of
providing a private security officer, watchman, | 16 |
| patrol, guard dog, canine odor detection, or a similar service | 17 |
| by
any other
title or name on a contractual basis for another | 18 |
| person, firm, corporation, or
other entity
for a fee or other | 19 |
| consideration and performing one or more of the following
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| functions:
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| (1) The prevention or detection of intrusion, entry, | 22 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 23 |
| governmental property.
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| (2) The prevention, observation, or detection of any | 25 |
| unauthorized activity
on
private or governmental property.
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| (3) The protection of persons authorized to be on the |
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LRB095 18928 RAS 45081 b |
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| premises of the
person,
firm, or other entity for which the | 2 |
| security contractor contractually provides
security | 3 |
| services.
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| (4) The prevention of the misappropriation or | 5 |
| concealment of goods, money,
bonds, stocks, notes, | 6 |
| documents, or papers.
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| (5) The control, regulation, or direction of the | 8 |
| movement of the public
for
the
time specifically required | 9 |
| for the protection of property owned or controlled
by the | 10 |
| client.
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| (6) The protection of individuals from bodily harm or | 12 |
| death (bodyguard
functions).
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| "Private security contractor agency" means a person, firm, | 14 |
| corporation, or
other legal entity that
engages in
the private | 15 |
| security contractor business and that employs, in addition to | 16 |
| the
licensee-in-charge, one or more persons in conducting such | 17 |
| business.
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| "Private security contractor licensee-in-charge" means a | 19 |
| person who has been
designated by an agency to be the
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| licensee-in-charge of an
agency, who is a full-time management | 21 |
| employee or owner
who assumes sole responsibility for | 22 |
| maintaining all records required by this
Act, and who
assumes | 23 |
| sole responsibility for assuring the licensed agency's | 24 |
| compliance with
its
responsibilities as
stated in this Act. The | 25 |
| Department shall adopt rules mandating
licensee-in-charge | 26 |
| participation in agency affairs.
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LRB095 18928 RAS 45081 b |
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| "Public member" means a person who is not a licensee or | 2 |
| related to a
licensee, or who is not an employer or employee of | 3 |
| a licensee. The term
"related to" shall be determined by the | 4 |
| rules of the Department.
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| "Secretary" means the Secretary of Financial and | 6 |
| Professional Regulation.
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| (Source: P.A. 95-613, eff. 9-11-07.)
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| (225 ILCS 447/35-45)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-45. Armed proprietary security force.
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| (a) All financial institutions that employ one or more
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| armed employees and all private, commercial , or
industrial | 13 |
| operations that employ 5 or more persons as armed
employees | 14 |
| shall register their security forces
with the Department on | 15 |
| forms provided by the Department. | 16 |
| (a-5) A commercial or industrial operation that employs | 17 |
| less than 5 employees in an armed capacity and that is approved | 18 |
| by the Department may, but is not required to, register as a | 19 |
| proprietary security force. An armed employee of an operation | 20 |
| that elects to register under this subsection (a-5) may provide | 21 |
| armed employee functions in the performance of his or her | 22 |
| overall job duties and is not required to be employed with the | 23 |
| operation as an armed employee on a full-time basis.
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| (b) All armed employees of the registered
proprietary | 25 |
| security force must complete a 20-hour basic
training course |
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LRB095 18928 RAS 45081 b |
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| and 20-hour firearm training.
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| (c) Every proprietary security force is required to
apply | 3 |
| to the Department, on forms supplied by the Department,
for a | 4 |
| firearm control card for each armed employee.
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| (d) The Department may provide rules for the
administration | 6 |
| of this Section.
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| (Source: P.A. 95-613, eff. 9-11-07.)
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