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91_HB0620ham003
LRB9102726RCpcam
1 AMENDMENT TO HOUSE BILL 620
2 AMENDMENT NO. . Amend House Bill 620 by replacing
3 the title with the following:
4 "AN ACT in relation to security guards."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Private Detective, Private Alarm,
8 Private Security, and Locksmith Act of 1993 is amended by
9 changing Section 30 as follows:
10 (225 ILCS 446/30)
11 Sec. 30. Exemptions.
12 (a) This Act does not apply to:
13 (1) An officer or employee of the United States,
14 this State, or any political subdivision of either while
15 the officer or employee is engaged in the performance of
16 his or her official duties within the course and scope of
17 his or her employment with the United States, this State,
18 or any political subdivision of either. However, any
19 person who offers his or her services as a private
20 detective or private security contractor, or any title
21 when similar services are performed for compensation,
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1 fee, or other valuable consideration, whether received
2 directly or indirectly, is subject to this Act and its
3 licensing requirements.
4 (2) An attorney-at-law licensed to practice in
5 Illinois while engaging in the practice of law.
6 (3) A person engaged exclusively in the business of
7 obtaining and furnishing information as to the financial
8 rating or credit worthiness of persons; and a person who
9 provides consumer reports in connection with:
10 (i) Credit transactions involving the consumer
11 on whom the information is to be furnished and
12 involving the extensions of credit to the consumer.
13 (ii) Information for employment purposes.
14 (iii) Information for the underwriting of
15 insurance involving the consumer.
16 (4) Insurance adjusters legally employed or under
17 contract as adjusters and who engage in no other
18 investigative activities other than those directly
19 connected with adjustment of claims against an insurance
20 company or self-insured by which they are employed or
21 with which they have a contract. No insurance adjuster
22 or company may utilize the term "investigation" or any
23 derivative thereof in its company name or in its
24 advertising other than for the handling of insurance
25 claims.
26 For the purposes of this Code, "insurance adjuster"
27 includes any person expressly authorized to act on behalf
28 of an insurance company or self-insured and any employee
29 thereof who acts or appears to act on behalf of the
30 insurance company or self-insured in matters relating to
31 claims, including but not limited to independent
32 contractors while performing claim services at the
33 direction of the company.
34 (5) A person engaged exclusively and employed by a
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1 person, firm, association, or corporation in the business
2 of transporting persons or property in interstate
3 commerce and making an investigation related to the
4 business of that employer.
5 (6) Any person, watchman, or guard employed
6 exclusively and regularly by one employer in connection
7 with the affairs of that employer only and there exists
8 an employer/employee relationship.
9 (7) Any law enforcement officer, as defined in the
10 Illinois Police Training Act, who has successfully
11 completed the requirements of basic law enforcement and
12 firearms training as prescribed by the Illinois Law
13 Enforcement Training Standards Board, employed by an
14 employer in connection with the affairs of that employer,
15 provided he or she is exclusively employed by the
16 employer during the hours or times he or she is scheduled
17 to work for that employer, and there exists an employer
18 and employee relationship.
19 In this subsection an "employee" is a person who is
20 employed by an employer who has the right to control and
21 direct the employee who performs the services in
22 question, not only as to the result to be accomplished by
23 the work, but also as to the details and means by which
24 the result is to be accomplished; and an "employer" is
25 any person or entity, with the exception of a private
26 detective, private detective agency, private security
27 contractor, private security contractor agency, private
28 alarm contractor, or private alarm contractor agency,
29 whose purpose it is to hire persons to perform the
30 business of a private detective, private detective
31 agency, private security contractor, private security
32 contractor agency, private alarm contractor, or private
33 alarm contractor agency.
34 (8) A person who sells burglar alarm systems and
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1 does not install, monitor, maintain, alter, repair,
2 service, or respond to burglar alarm systems at protected
3 premises or premises to be protected, provided:
4 (i) The burglar alarm systems are
5 approved either by Underwriters Laboratories or
6 another authoritative source recognized by the
7 Department and are identified by a federally
8 registered trademark.
9 (ii) The owner of the trademark has
10 expressly authorized the person to sell the
11 trademark owner's products, and the person
12 provides proof of this authorization upon the
13 request of the Department.
14 (iii) The owner of the trademark
15 maintains, and provides upon the Department's
16 request, a certificate evidencing insurance for
17 bodily injury or property damage arising from
18 faulty or defective products in an amount not
19 less than $1,000,000 combined single limit;
20 provided that the policy of insurance need not
21 relate exclusively to burglar alarm systems.
22 (9) A person who sells, installs, maintains, or
23 repairs automobile alarm systems.
24 (9-5) A person, firm, or corporation engaged solely
25 and exclusively in tracing and compiling lineage or
26 ancestry.
27 (10) A person employed as either an armed or
28 unarmed security guard at a nuclear energy, storage,
29 weapons or development site or facility regulated by the
30 Nuclear Regulatory Commission who has completed the
31 background screening and training mandated by the rules
32 and regulations of the Nuclear Regulatory Commission.
33 (b) Nothing in this Act prohibits any of the following:
34 (A) Servicing, installing, repairing, or rebuilding
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1 automotive locks by automotive service dealers, as long
2 as they do not hold themselves out to the public as
3 locksmiths.
4 (B) Police, fire, or other municipal employees from
5 opening a lock in an emergency situation, as long as they
6 do not hold themselves out to the public as locksmiths.
7 (C) Any merchant or retail or hardware store from
8 duplicating keys, from installing, servicing, repairing,
9 rebuilding, reprogramming, or maintaining electronic
10 garage door devices or from selling locks or similar
11 security accessories not prohibited from sale by the
12 State of Illinois, as long as they do not hold themselves
13 out to the public as locksmiths.
14 (D) The installation or removal of complete locks
15 or locking devices by members of the building trades when
16 doing so in the course of residential or commercial new
17 construction or remodeling, as long as they do not hold
18 themselves out to the public as locksmiths.
19 (E) The employees of towing services, repossessors,
20 or auto clubs from opening automotive locks in the normal
21 course of their duties, as long as they do not hold
22 themselves out to the public as locksmiths. Additionally,
23 this Act shall not prohibit employees of towing services
24 from opening motor vehicle locks to enable a vehicle to
25 be moved without towing, provided that the towing service
26 does not hold itself out to the public, by yellow page
27 advertisement, through a sign at the facilities of the
28 towing service, or by any other advertisement, as a
29 locksmith.
30 (F) The practice of locksmithing by students in the
31 course of study in programs approved by the Department,
32 provided that the students do not hold themselves out to
33 the public as locksmiths.
34 (G) Servicing, installing, repairing, or rebuilding
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1 locks by a lock manufacturer or anyone employed by a lock
2 manufacturer, as long as they do not hold themselves out
3 to the public as locksmiths.
4 (H) The provision of any of the products or
5 services in the practice of locksmithing as identified in
6 Section 5 of this Act by a business licensed by the State
7 of Illinois as a private alarm contractor or private
8 alarm contractor agency, as long as the principal purpose
9 of the services provided to a customer is not the
10 practice of locksmithing and the business does not hold
11 itself out to the public as a locksmith agency.
12 (I) Any maintenance employee of a property
13 management company at a multi-family residential building
14 from servicing, installing, repairing, or opening locks
15 for tenants as long as the maintenance employee does not
16 hold himself or herself out to the public as a locksmith.
17 (J) A person, firm, or corporation from engaging in
18 fire protection engineering, including the design,
19 testing, and inspection of fire protection systems.
20 (K) The practice of professional engineering as
21 defined in the Professional Engineering Practice Act of
22 1989.
23 (L) The practice of structural engineering as
24 defined in the Structural Engineering Licensing Act of
25 1989.
26 (M) The practice of architecture as defined in the
27 Illinois Architecture Practice Act of 1989.
28 (N) The activities of persons or firms licensed
29 under the Illinois Public Accounting Act if performed in
30 the course of their professional practice.
31 (c) This Act does not prohibit any persons legally
32 regulated in this State under any other Act from engaging in
33 the practice for which they are licensed, provided that they
34 do not represent themselves by any title prohibited by this
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1 Act.
2 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
3 90-633, eff. 7-24-98.)
4 Section 10. The Criminal Code of 1961 is amended by
5 changing Section 24-2 as follows:
6 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
7 Sec. 24-2. Exemptions.
8 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
9 do not apply to or affect any of the following:
10 (1) Peace officers, and any person summoned by a
11 peace officer to assist in making arrests or preserving
12 the peace, while actually engaged in assisting such
13 officer.
14 (2) Wardens, superintendents and keepers of
15 prisons, penitentiaries, jails and other institutions for
16 the detention of persons accused or convicted of an
17 offense, while in the performance of their official duty,
18 or while commuting between their homes and places of
19 employment.
20 (3) Members of the Armed Services or Reserve Forces
21 of the United States or the Illinois National Guard or
22 the Reserve Officers Training Corps, while in the
23 performance of their official duty.
24 (4) Special agents employed by a railroad or a
25 public utility to perform police functions, and guards of
26 armored car companies, while actually engaged in the
27 performance of the duties of their employment or
28 commuting between their homes and places of employment;
29 and watchmen while actually engaged in the performance of
30 the duties of their employment.
31 (5) Persons licensed as private security
32 contractors, private detectives, or private alarm
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1 contractors, or employed by an agency certified by the
2 Department of Professional Regulation, if their duties
3 include the carrying of a weapon under the provisions of
4 the Private Detective, Private Alarm, and Private
5 Security Act of 1983, while actually engaged in the
6 performance of the duties of their employment or
7 commuting between their homes and places of employment,
8 provided that such commuting is accomplished within one
9 hour from departure from home or place of employment, as
10 the case may be. Persons exempted under this subdivision
11 (a)(5) shall be required to have completed a course of
12 study in firearms handling and training approved and
13 supervised by the Department of Professional Regulation
14 as prescribed by Section 28 of the Private Detective,
15 Private Alarm, and Private Security Act of 1983, prior to
16 becoming eligible for this exemption. The Department of
17 Professional Regulation shall provide suitable
18 documentation demonstrating the successful completion of
19 the prescribed firearms training. Such documentation
20 shall be carried at all times when such persons are in
21 possession of a concealable weapon.
22 (6) Any person regularly employed in a commercial
23 or industrial operation as a security guard for the
24 protection of persons employed and private property
25 related to such commercial or industrial operation, while
26 actually engaged in the performance of his or her duty or
27 traveling between sites or properties belonging to the
28 employer, and who, as a security guard, is a member of a
29 security force of at least 5 persons registered with the
30 Department of Professional Regulation; provided that such
31 security guard has successfully completed a course of
32 study, approved by and supervised by the Department of
33 Professional Regulation, consisting of not less than 40
34 hours of training that includes the theory of law
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1 enforcement, liability for acts, and the handling of
2 weapons. A person shall be considered eligible for this
3 exemption if he or she has completed the required 20
4 hours of training for a security officer and 20 hours of
5 required firearm training, and has been issued a firearm
6 authorization card by the Department of Professional
7 Regulation. Conditions for the renewal of firearm
8 authorization cards issued under the provisions of this
9 Section shall be the same as for those cards issued under
10 the provisions of the Private Detective, Private Alarm
11 and Private Security Act of 1983. Such firearm
12 authorization card shall be carried by the security guard
13 at all times when he or she is in possession of a
14 concealable weapon.
15 (7) Agents and investigators of the Illinois
16 Legislative Investigating Commission authorized by the
17 Commission to carry the weapons specified in subsections
18 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
19 any investigation for the Commission.
20 (8) Persons employed by a financial institution for
21 the protection of other employees and property related to
22 such financial institution, while actually engaged in the
23 performance of their duties, commuting between their
24 homes and places of employment, or traveling between
25 sites or properties owned or operated by such financial
26 institution, provided that any person so employed has
27 successfully completed a course of study, approved by and
28 supervised by the Department of Professional Regulation,
29 consisting of not less than 40 hours of training which
30 includes theory of law enforcement, liability for acts,
31 and the handling of weapons. A person shall be considered
32 to be eligible for this exemption if he or she has
33 completed the required 20 hours of training for a
34 security officer and 20 hours of required firearm
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1 training, and has been issued a firearm authorization
2 card by the Department of Professional Regulation.
3 Conditions for renewal of firearm authorization cards
4 issued under the provisions of this Section shall be the
5 same as for those issued under the provisions of the
6 Private Detective, Private Alarm and Private Security Act
7 of 1983. Such firearm authorization card shall be
8 carried by the person so trained at all times when such
9 person is in possession of a concealable weapon. For
10 purposes of this subsection, "financial institution"
11 means a bank, savings and loan association, credit union
12 or company providing armored car services.
13 (9) Any person employed by an armored car company
14 to drive an armored car, while actually engaged in the
15 performance of his duties.
16 (10) Persons who have been classified as peace
17 officers pursuant to the Peace Officer Fire Investigation
18 Act.
19 (11) Investigators of the Office of the State's
20 Attorneys Appellate Prosecutor authorized by the board of
21 governors of the Office of the State's Attorneys
22 Appellate Prosecutor to carry weapons pursuant to Section
23 7.06 of the State's Attorneys Appellate Prosecutor's Act.
24 (12) Special investigators appointed by a State's
25 Attorney under Section 3-9005 of the Counties Code.
26 (13) Court Security Officers while in the
27 performance of their official duties, or while commuting
28 between their homes and places of employment, with the
29 consent of the Sheriff.
30 (13.5) A person employed as an armed security guard
31 at a nuclear energy, storage, weapons or development site
32 or facility regulated by the Nuclear Regulatory
33 Commission who has completed the background screening and
34 training mandated by the rules and regulations of the
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1 Nuclear Regulatory Commission.
2 (14) Manufacture, transportation, or sale of
3 weapons to persons authorized under subdivisions (1)
4 through (13.5) (13) of this subsection to possess those
5 weapons.
6 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
7 to or affect any of the following:
8 (1) Members of any club or organization organized
9 for the purpose of practicing shooting at targets upon
10 established target ranges, whether public or private, and
11 patrons of such ranges, while such members or patrons are
12 using their firearms on those target ranges.
13 (2) Duly authorized military or civil organizations
14 while parading, with the special permission of the
15 Governor.
16 (3) Licensed hunters, trappers or fishermen while
17 engaged in hunting, trapping or fishing.
18 (4) Transportation of weapons that are broken down
19 in a non-functioning state or are not immediately
20 accessible.
21 (c) Subsection 24-1(a)(7) does not apply to or affect
22 any of the following:
23 (1) Peace officers while in performance of their
24 official duties.
25 (2) Wardens, superintendents and keepers of
26 prisons, penitentiaries, jails and other institutions for
27 the detention of persons accused or convicted of an
28 offense.
29 (3) Members of the Armed Services or Reserve Forces
30 of the United States or the Illinois National Guard,
31 while in the performance of their official duty.
32 (4) Manufacture, transportation, or sale of machine
33 guns to persons authorized under subdivisions (1) through
34 (3) of this subsection to possess machine guns, if the
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1 machine guns are broken down in a non-functioning state
2 or are not immediately accessible.
3 (5) Persons licensed under federal law to
4 manufacture any weapon from which 8 or more shots or
5 bullets can be discharged by a single function of the
6 firing device, or ammunition for such weapons, and
7 actually engaged in the business of manufacturing such
8 weapons or ammunition, but only with respect to
9 activities which are within the lawful scope of such
10 business, such as the manufacture, transportation, or
11 testing of such weapons or ammunition. This exemption
12 does not authorize the general private possession of any
13 weapon from which 8 or more shots or bullets can be
14 discharged by a single function of the firing device, but
15 only such possession and activities as are within the
16 lawful scope of a licensed manufacturing business
17 described in this paragraph.
18 During transportation, such weapons shall be broken
19 down in a non-functioning state or not immediately
20 accessible.
21 (6) The manufacture, transport, testing, delivery,
22 transfer or sale, and all lawful commercial or
23 experimental activities necessary thereto, of rifles,
24 shotguns, and weapons made from rifles or shotguns, or
25 ammunition for such rifles, shotguns or weapons, where
26 engaged in by a person operating as a contractor or
27 subcontractor pursuant to a contract or subcontract for
28 the development and supply of such rifles, shotguns,
29 weapons or ammunition to the United States government or
30 any branch of the Armed Forces of the United States, when
31 such activities are necessary and incident to fulfilling
32 the terms of such contract.
33 The exemption granted under this subdivision (c)(6)
34 shall also apply to any authorized agent of any such
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1 contractor or subcontractor who is operating within the
2 scope of his employment, where such activities involving
3 such weapon, weapons or ammunition are necessary and
4 incident to fulfilling the terms of such contract.
5 During transportation, any such weapon shall be
6 broken down in a non-functioning state, or not
7 immediately accessible.
8 (d) Subsection 24-1(a)(1) does not apply to the
9 purchase, possession or carrying of a black-jack or
10 slung-shot by a peace officer.
11 (e) Subsection 24-1(a)(8) does not apply to any owner,
12 manager or authorized employee of any place specified in that
13 subsection nor to any law enforcement officer.
14 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
15 not apply to members of any club or organization organized
16 for the purpose of practicing shooting at targets upon
17 established target ranges, whether public or private, while
18 using their firearms on those target ranges.
19 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
20 apply to:
21 (1) Members of the Armed Services or Reserve Forces
22 of the United States or the Illinois National Guard,
23 while in the performance of their official duty.
24 (2) Bonafide collectors of antique or surplus
25 military ordinance.
26 (3) Laboratories having a department of forensic
27 ballistics, or specializing in the development of
28 ammunition or explosive ordinance.
29 (4) Commerce, preparation, assembly or possession
30 of explosive bullets by manufacturers of ammunition
31 licensed by the federal government, in connection with
32 the supply of those organizations and persons exempted by
33 subdivision (g)(1) of this Section, or like organizations
34 and persons outside this State, or the transportation of
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1 explosive bullets to any organization or person exempted
2 in this Section by a common carrier or by a vehicle owned
3 or leased by an exempted manufacturer.
4 (h) An information or indictment based upon a violation
5 of any subsection of this Article need not negative any
6 exemptions contained in this Article. The defendant shall
7 have the burden of proving such an exemption.
8 (i) Nothing in this Article shall prohibit, apply to, or
9 affect the transportation, carrying, or possession, of any
10 pistol or revolver, stun gun, taser, or other firearm
11 consigned to a common carrier operating under license of the
12 State of Illinois or the federal government, where such
13 transportation, carrying, or possession is incident to the
14 lawful transportation in which such common carrier is
15 engaged; and nothing in this Article shall prohibit, apply
16 to, or affect the transportation, carrying, or possession of
17 any pistol, revolver, stun gun, taser, or other firearm, not
18 the subject of and regulated by subsection 24-1(a)(7) or
19 subsection 24-2(c) of this Article, which is unloaded and
20 enclosed in a case, firearm carrying box, shipping box, or
21 other container, by the possessor of a valid Firearm Owners
22 Identification Card.
23 (Source: P.A. 89-685, eff. 6-1-97.)".