State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 003 ]

91_HB0620eng

 
HB0620 Engrossed                               LRB9102726ACtm

 1        AN ACT in relation to security guards.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Private Detective, Private Alarm, Private
 5    Security, and Locksmith Act of 1993 is  amended  by  changing
 6    Section 30 as follows:

 7        (225 ILCS 446/30)
 8        Sec. 30.  Exemptions.
 9        (a)  This Act does not apply to:
10             (1)  An  officer  or  employee of the United States,
11        this State, or any political subdivision of either  while
12        the  officer or employee is engaged in the performance of
13        his or her official duties within the course and scope of
14        his or her employment with the United States, this State,
15        or any political subdivision  of  either.   However,  any
16        person  who  offers  his  or  her  services  as a private
17        detective or private security contractor,  or  any  title
18        when  similar  services  are  performed for compensation,
19        fee, or other valuable  consideration,  whether  received
20        directly  or  indirectly,  is subject to this Act and its
21        licensing requirements.
22             (2)  An  attorney-at-law  licensed  to  practice  in
23        Illinois while engaging in the practice of law.
24             (3)  A person engaged exclusively in the business of
25        obtaining and furnishing information as to the  financial
26        rating  or credit worthiness of persons; and a person who
27        provides consumer reports in connection with:
28                  (i)  Credit transactions involving the consumer
29             on whom the  information  is  to  be  furnished  and
30             involving the extensions of credit to the consumer.
31                  (ii)  Information for employment purposes.
 
HB0620 Engrossed            -2-                LRB9102726ACtm
 1                  (iii)  Information   for  the  underwriting  of
 2             insurance involving the consumer.
 3             (4)  Insurance adjusters legally employed  or  under
 4        contract   as  adjusters  and  who  engage  in  no  other
 5        investigative  activities  other  than   those   directly
 6        connected  with adjustment of claims against an insurance
 7        company or self-insured by which  they  are  employed  or
 8        with  which  they have a contract.  No insurance adjuster
 9        or company may utilize the term  "investigation"  or  any
10        derivative   thereof  in  its  company  name  or  in  its
11        advertising other than  for  the  handling  of  insurance
12        claims.
13             For  the purposes of this Code, "insurance adjuster"
14        includes any person expressly authorized to act on behalf
15        of an insurance company or self-insured and any  employee
16        thereof  who  acts  or  appears  to  act on behalf of the
17        insurance company or self-insured in matters relating  to
18        claims,   including   but   not  limited  to  independent
19        contractors  while  performing  claim  services  at   the
20        direction of the company.
21             (5)  A  person engaged exclusively and employed by a
22        person, firm, association, or corporation in the business
23        of  transporting  persons  or  property   in   interstate
24        commerce  and  making  an  investigation  related  to the
25        business of that employer.
26             (6)  Any  person,  watchman,   or   guard   employed
27        exclusively  and  regularly by one employer in connection
28        with the affairs of that employer only and  there  exists
29        an employer/employee relationship.
30             (7)  Any  law enforcement officer, as defined in the
31        Illinois  Police  Training  Act,  who  has   successfully
32        completed  the  requirements of basic law enforcement and
33        firearms training  as  prescribed  by  the  Illinois  Law
34        Enforcement  Training  Standards  Board,  employed  by an
 
HB0620 Engrossed            -3-                LRB9102726ACtm
 1        employer in connection with the affairs of that employer,
 2        provided  he  or  she  is  exclusively  employed  by  the
 3        employer during the hours or times he or she is scheduled
 4        to work for that employer, and there exists  an  employer
 5        and employee relationship.
 6             In  this subsection an "employee" is a person who is
 7        employed by an employer who has the right to control  and
 8        direct   the   employee  who  performs  the  services  in
 9        question, not only as to the result to be accomplished by
10        the work, but also as to the details and means  by  which
11        the  result  is  to be accomplished; and an "employer" is
12        any person or entity, with the  exception  of  a  private
13        detective,  private  detective  agency,  private security
14        contractor, private security contractor  agency,  private
15        alarm  contractor,  or  private  alarm contractor agency,
16        whose purpose it  is  to  hire  persons  to  perform  the
17        business   of  a  private  detective,  private  detective
18        agency, private  security  contractor,  private  security
19        contractor  agency,  private alarm contractor, or private
20        alarm contractor agency.
21             (8)  A person who sells burglar  alarm  systems  and
22        does  not  install,  monitor,  maintain,  alter,  repair,
23        service, or respond to burglar alarm systems at protected
24        premises or premises to be protected, provided:
25                       (i)  The   burglar   alarm   systems   are
26                  approved either by Underwriters Laboratories or
27                  another  authoritative source recognized by the
28                  Department and are identified  by  a  federally
29                  registered trademark.
30                       (ii)  The   owner  of  the  trademark  has
31                  expressly authorized the  person  to  sell  the
32                  trademark  owner's  products,  and  the  person
33                  provides  proof  of this authorization upon the
34                  request of the Department.
 
HB0620 Engrossed            -4-                LRB9102726ACtm
 1                       (iii)  The   owner   of   the    trademark
 2                  maintains,  and  provides upon the Department's
 3                  request, a certificate evidencing insurance for
 4                  bodily injury or property damage  arising  from
 5                  faulty  or  defective products in an amount not
 6                  less than  $1,000,000  combined  single  limit;
 7                  provided  that the policy of insurance need not
 8                  relate exclusively to burglar alarm systems.
 9             (9)  A person who  sells,  installs,  maintains,  or
10        repairs automobile alarm systems.
11             (9-5)  A person, firm, or corporation engaged solely
12        and  exclusively  in  tracing  and  compiling  lineage or
13        ancestry.
14             (10)  A  person  employed  as  either  an  armed  or
15        unarmed security guard  at  a  nuclear  energy,  storage,
16        weapons  or development site or facility regulated by the
17        Nuclear  Regulatory  Commission  who  has  completed  the
18        background screening and training mandated by  the  rules
19        and regulations of the Nuclear Regulatory Commission.
20        (b)  Nothing in this Act prohibits any of the following:
21             (A)  Servicing, installing, repairing, or rebuilding
22        automotive  locks  by automotive service dealers, as long
23        as they do not hold  themselves  out  to  the  public  as
24        locksmiths.
25             (B)  Police, fire, or other municipal employees from
26        opening a lock in an emergency situation, as long as they
27        do not hold themselves out to the public as locksmiths.
28             (C)  Any  merchant  or retail or hardware store from
29        duplicating keys, from installing, servicing,  repairing,
30        rebuilding,   reprogramming,  or  maintaining  electronic
31        garage door devices or  from  selling  locks  or  similar
32        security  accessories  not  prohibited  from  sale by the
33        State of Illinois, as long as they do not hold themselves
34        out to the public as locksmiths.
 
HB0620 Engrossed            -5-                LRB9102726ACtm
 1             (D)  The installation or removal of  complete  locks
 2        or locking devices by members of the building trades when
 3        doing  so  in the course of residential or commercial new
 4        construction or remodeling, as long as they do  not  hold
 5        themselves out to the public as locksmiths.
 6             (E)  The employees of towing services, repossessors,
 7        or auto clubs from opening automotive locks in the normal
 8        course  of  their  duties,  as  long  as they do not hold
 9        themselves out to the public as locksmiths. Additionally,
10        this Act shall not prohibit employees of towing  services
11        from  opening  motor vehicle locks to enable a vehicle to
12        be moved without towing, provided that the towing service
13        does not hold itself out to the public,  by  yellow  page
14        advertisement,  through  a  sign at the facilities of the
15        towing service, or  by  any  other  advertisement,  as  a
16        locksmith.
17             (F)  The practice of locksmithing by students in the
18        course  of  study in programs approved by the Department,
19        provided that the students do not hold themselves out  to
20        the public as locksmiths.
21             (G)  Servicing, installing, repairing, or rebuilding
22        locks by a lock manufacturer or anyone employed by a lock
23        manufacturer,  as long as they do not hold themselves out
24        to the public as locksmiths.
25             (H)  The  provision  of  any  of  the  products   or
26        services in the practice of locksmithing as identified in
27        Section 5 of this Act by a business licensed by the State
28        of  Illinois  as  a  private  alarm contractor or private
29        alarm contractor agency, as long as the principal purpose
30        of the  services  provided  to  a  customer  is  not  the
31        practice  of  locksmithing and the business does not hold
32        itself out to the public as a locksmith agency.
33             (I)  Any  maintenance   employee   of   a   property
34        management company at a multi-family residential building
 
HB0620 Engrossed            -6-                LRB9102726ACtm
 1        from  servicing,  installing, repairing, or opening locks
 2        for tenants as long as the maintenance employee does  not
 3        hold himself or herself out to the public as a locksmith.
 4             (J)  A person, firm, or corporation from engaging in
 5        fire   protection   engineering,  including  the  design,
 6        testing, and inspection of fire protection systems.
 7             (K)  The practice  of  professional  engineering  as
 8        defined  in  the Professional Engineering Practice Act of
 9        1989.
10             (L)  The  practice  of  structural  engineering   as
11        defined  in  the  Structural Engineering Licensing Act of
12        1989.
13             (M)  The practice of architecture as defined in  the
14        Illinois Architecture Practice Act of 1989.
15             (N)  The  activities  of  persons  or firms licensed
16        under the Illinois Public Accounting Act if performed  in
17        the course of their professional practice.
18        (c)  This  Act  does  not  prohibit  any  persons legally
19    regulated in this State under any other Act from engaging  in
20    the  practice for which they are licensed, provided that they
21    do not represent themselves by any title prohibited  by  this
22    Act.
23    (Source:  P.A.  89-366,  eff.  1-1-96;  90-436,  eff. 1-1-98;
24    90-633, eff. 7-24-98.)

25        Section 10.  The Criminal Code  of  1961  is  amended  by
26    changing Section 24-2 as follows:

27        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
28        Sec. 24-2.  Exemptions.
29        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
30    do not apply to or affect any of the following:
31             (1)  Peace officers, and any person  summoned  by  a
32        peace  officer  to assist in making arrests or preserving
 
HB0620 Engrossed            -7-                LRB9102726ACtm
 1        the peace,  while  actually  engaged  in  assisting  such
 2        officer.
 3             (2)  Wardens,   superintendents   and   keepers   of
 4        prisons, penitentiaries, jails and other institutions for
 5        the  detention  of  persons  accused  or  convicted of an
 6        offense, while in the performance of their official duty,
 7        or while commuting between  their  homes  and  places  of
 8        employment.
 9             (3)  Members of the Armed Services or Reserve Forces
10        of  the  United  States or the Illinois National Guard or
11        the  Reserve  Officers  Training  Corps,  while  in   the
12        performance of their official duty.
13             (4)  Special  agents  employed  by  a  railroad or a
14        public utility to perform police functions, and guards of
15        armored car companies,  while  actually  engaged  in  the
16        performance   of   the  duties  of  their  employment  or
17        commuting between their homes and places  of  employment;
18        and watchmen while actually engaged in the performance of
19        the duties of their employment.
20             (5)  Persons    licensed    as    private   security
21        contractors,  private  detectives,   or   private   alarm
22        contractors,  or  employed  by an agency certified by the
23        Department of Professional Regulation,  if  their  duties
24        include  the carrying of a weapon under the provisions of
25        the  Private  Detective,  Private  Alarm,   and   Private
26        Security  Act  of  1983,  while  actually  engaged in the
27        performance  of  the  duties  of  their   employment   or
28        commuting  between  their homes and places of employment,
29        provided that such commuting is accomplished  within  one
30        hour  from departure from home or place of employment, as
31        the case may be.  Persons exempted under this subdivision
32        (a)(5) shall be required to have completed  a  course  of
33        study  in  firearms  handling  and  training approved and
34        supervised by the Department of  Professional  Regulation
 
HB0620 Engrossed            -8-                LRB9102726ACtm
 1        as  prescribed  by  Section  28 of the Private Detective,
 2        Private Alarm, and Private Security Act of 1983, prior to
 3        becoming eligible for this exemption.  The Department  of
 4        Professional    Regulation    shall    provide   suitable
 5        documentation demonstrating the successful completion  of
 6        the  prescribed  firearms  training.   Such documentation
 7        shall be carried at all times when such  persons  are  in
 8        possession of a concealable weapon.
 9             (6)  Any  person  regularly employed in a commercial
10        or industrial operation  as  a  security  guard  for  the
11        protection  of  persons  employed  and  private  property
12        related to such commercial or industrial operation, while
13        actually engaged in the performance of his or her duty or
14        traveling  between  sites  or properties belonging to the
15        employer, and who, as a security guard, is a member of  a
16        security  force of at least 5 persons registered with the
17        Department of Professional Regulation; provided that such
18        security guard has successfully  completed  a  course  of
19        study,  approved  by  and supervised by the Department of
20        Professional Regulation, consisting of not less  than  40
21        hours  of  training  that  includes  the  theory  of  law
22        enforcement,  liability  for  acts,  and  the handling of
23        weapons.  A person shall be considered eligible for  this
24        exemption  if  he  or  she  has completed the required 20
25        hours of training for a security officer and 20 hours  of
26        required  firearm training, and has been issued a firearm
27        authorization card  by  the  Department  of  Professional
28        Regulation.    Conditions  for  the  renewal  of  firearm
29        authorization cards issued under the provisions  of  this
30        Section shall be the same as for those cards issued under
31        the  provisions  of  the Private Detective, Private Alarm
32        and  Private  Security  Act  of   1983.    Such   firearm
33        authorization card shall be carried by the security guard
34        at  all  times  when  he  or  she  is  in possession of a
 
HB0620 Engrossed            -9-                LRB9102726ACtm
 1        concealable weapon.
 2             (7)  Agents  and  investigators  of   the   Illinois
 3        Legislative  Investigating  Commission  authorized by the
 4        Commission to carry the weapons specified in  subsections
 5        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
 6        any investigation for the Commission.
 7             (8)  Persons employed by a financial institution for
 8        the protection of other employees and property related to
 9        such financial institution, while actually engaged in the
10        performance  of  their  duties,  commuting  between their
11        homes and places  of  employment,  or  traveling  between
12        sites  or  properties owned or operated by such financial
13        institution, provided that any  person  so  employed  has
14        successfully completed a course of study, approved by and
15        supervised  by the Department of Professional Regulation,
16        consisting of not less than 40 hours  of  training  which
17        includes  theory  of law enforcement, liability for acts,
18        and the handling of weapons. A person shall be considered
19        to be eligible for  this  exemption  if  he  or  she  has
20        completed  the  required  20  hours  of  training  for  a
21        security   officer  and  20  hours  of  required  firearm
22        training, and has been  issued  a  firearm  authorization
23        card   by  the  Department  of  Professional  Regulation.
24        Conditions for renewal  of  firearm  authorization  cards
25        issued  under the provisions of this Section shall be the
26        same as for those issued  under  the  provisions  of  the
27        Private Detective, Private Alarm and Private Security Act
28        of  1983.   Such  firearm  authorization  card  shall  be
29        carried  by  the person so trained at all times when such
30        person is in possession of  a  concealable  weapon.   For
31        purposes  of  this  subsection,  "financial  institution"
32        means  a bank, savings and loan association, credit union
33        or company providing armored car services.
34             (9)  Any person employed by an armored  car  company
 
HB0620 Engrossed            -10-               LRB9102726ACtm
 1        to  drive  an  armored car, while actually engaged in the
 2        performance of his duties.
 3             (10)  Persons who  have  been  classified  as  peace
 4        officers pursuant to the Peace Officer Fire Investigation
 5        Act.
 6             (11)  Investigators  of  the  Office  of the State's
 7        Attorneys Appellate Prosecutor authorized by the board of
 8        governors  of  the  Office  of  the   State's   Attorneys
 9        Appellate Prosecutor to carry weapons pursuant to Section
10        7.06 of the State's Attorneys Appellate Prosecutor's Act.
11             (12)  Special  investigators  appointed by a State's
12        Attorney under Section 3-9005 of the Counties Code.
13             (13)  Court   Security   Officers   while   in   the
14        performance of their official duties, or while  commuting
15        between  their  homes  and places of employment, with the
16        consent of the Sheriff.
17             (13.5)  A person employed as an armed security guard
18        at a nuclear energy, storage, weapons or development site
19        or  facility  regulated   by   the   Nuclear   Regulatory
20        Commission who has completed the background screening and
21        training  mandated  by  the  rules and regulations of the
22        Nuclear Regulatory Commission.
23             (14)  Manufacture,  transportation,   or   sale   of
24        weapons  to  persons  authorized  under  subdivisions (1)
25        through (13.5) (13) of this subsection to  possess  those
26        weapons.
27        (b)  Subsections  24-1(a)(4) and 24-1(a)(10) do not apply
28    to or affect any of the following:
29             (1)  Members of any club or  organization  organized
30        for  the  purpose  of practicing shooting at targets upon
31        established target ranges, whether public or private, and
32        patrons of such ranges, while such members or patrons are
33        using their firearms on those target ranges.
34             (2)  Duly authorized military or civil organizations
 
HB0620 Engrossed            -11-               LRB9102726ACtm
 1        while  parading,  with  the  special  permission  of  the
 2        Governor.
 3             (3)  Licensed hunters, trappers or  fishermen  while
 4        engaged in hunting, trapping or fishing.
 5             (4)  Transportation  of weapons that are broken down
 6        in  a  non-functioning  state  or  are  not   immediately
 7        accessible.
 8        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
 9    any of the following:
10             (1)  Peace officers while in  performance  of  their
11        official duties.
12             (2)  Wardens,   superintendents   and   keepers   of
13        prisons, penitentiaries, jails and other institutions for
14        the  detention  of  persons  accused  or  convicted of an
15        offense.
16             (3)  Members of the Armed Services or Reserve Forces
17        of the United States  or  the  Illinois  National  Guard,
18        while in the performance of their official duty.
19             (4)  Manufacture, transportation, or sale of machine
20        guns to persons authorized under subdivisions (1) through
21        (3)  of  this  subsection to possess machine guns, if the
22        machine guns are broken down in a  non-functioning  state
23        or are not immediately accessible.
24             (5)  Persons   licensed   under   federal   law   to
25        manufacture  any  weapon  from  which  8 or more shots or
26        bullets can be discharged by a  single  function  of  the
27        firing  device,  or  ammunition  for  such  weapons,  and
28        actually  engaged  in  the business of manufacturing such
29        weapons  or  ammunition,  but  only   with   respect   to
30        activities  which  are  within  the  lawful scope of such
31        business, such as  the  manufacture,  transportation,  or
32        testing  of  such  weapons or ammunition.  This exemption
33        does not authorize the general private possession of  any
34        weapon  from  which  8  or  more  shots or bullets can be
 
HB0620 Engrossed            -12-               LRB9102726ACtm
 1        discharged by a single function of the firing device, but
 2        only such possession and activities  as  are  within  the
 3        lawful   scope   of  a  licensed  manufacturing  business
 4        described in this paragraph.
 5             During transportation, such weapons shall be  broken
 6        down  in  a  non-functioning  state  or  not  immediately
 7        accessible.
 8             (6)  The  manufacture, transport, testing, delivery,
 9        transfer  or  sale,  and   all   lawful   commercial   or
10        experimental  activities  necessary  thereto,  of rifles,
11        shotguns, and weapons made from rifles  or  shotguns,  or
12        ammunition  for  such  rifles, shotguns or weapons, where
13        engaged in by a  person  operating  as  a  contractor  or
14        subcontractor  pursuant  to a contract or subcontract for
15        the development and  supply  of  such  rifles,  shotguns,
16        weapons  or ammunition to the United States government or
17        any branch of the Armed Forces of the United States, when
18        such activities are necessary and incident to  fulfilling
19        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             During transportation,  any  such  weapon  shall  be
27        broken   down   in   a   non-functioning  state,  or  not
28        immediately accessible.
29        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
30    purchase,   possession   or   carrying  of  a  black-jack  or
31    slung-shot by a peace officer.
32        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
33    manager or authorized employee of any place specified in that
34    subsection nor to any law enforcement officer.
 
HB0620 Engrossed            -13-               LRB9102726ACtm
 1        (f)  Subsection  24-1(a)(4) and subsection 24-1(a)(10) do
 2    not apply to members of any club  or  organization  organized
 3    for  the  purpose  of  practicing  shooting  at  targets upon
 4    established target ranges, whether public or  private,  while
 5    using their firearms on those target ranges.
 6        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
 7    apply to:
 8             (1)  Members of the Armed Services or Reserve Forces
 9        of  the  United  States  or  the Illinois National Guard,
10        while in the performance of their official duty.
11             (2)  Bonafide  collectors  of  antique  or   surplus
12        military ordinance.
13             (3)  Laboratories  having  a  department of forensic
14        ballistics,  or  specializing  in  the   development   of
15        ammunition or explosive ordinance.
16             (4)  Commerce,  preparation,  assembly or possession
17        of  explosive  bullets  by  manufacturers  of  ammunition
18        licensed by the federal government,  in  connection  with
19        the supply of those organizations and persons exempted by
20        subdivision (g)(1) of this Section, or like organizations
21        and  persons outside this State, or the transportation of
22        explosive bullets to any organization or person  exempted
23        in this Section by a common carrier or by a vehicle owned
24        or leased by an exempted manufacturer.
25        (h)  An  information or indictment based upon a violation
26    of any subsection of  this  Article  need  not  negative  any
27    exemptions  contained  in  this Article.  The defendant shall
28    have the burden of proving such an exemption.
29        (i)  Nothing in this Article shall prohibit, apply to, or
30    affect the transportation, carrying, or  possession,  of  any
31    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
32    consigned  to a common carrier operating under license of the
33    State of Illinois  or  the  federal  government,  where  such
34    transportation,  carrying,  or  possession is incident to the
 
HB0620 Engrossed            -14-               LRB9102726ACtm
 1    lawful  transportation  in  which  such  common  carrier   is
 2    engaged;  and  nothing  in this Article shall prohibit, apply
 3    to, or affect the transportation, carrying, or possession  of
 4    any  pistol, revolver, stun gun, taser, or other firearm, not
 5    the subject of and  regulated  by  subsection  24-1(a)(7)  or
 6    subsection  24-2(c)  of  this  Article, which is unloaded and
 7    enclosed in a case, firearm carrying box,  shipping  box,  or
 8    other  container,  by the possessor of a valid Firearm Owners
 9    Identification Card.
10    (Source: P.A. 89-685, eff. 6-1-97.)

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