State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 006 ][ House Amendment 008 ]

91_SB0452

 
                                              LRB9100558ACtmA

 1        AN  ACT  to  amend  the Private Detective, Private Alarm,
 2    Private Security, and  Locksmith  Act  of  1993  by  changing
 3    Section 80.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The Private Detective, Private Alarm, Private
 7    Security, and Locksmith Act of 1993 is  amended  by  changing
 8    Section 80 as follows:

 9        (225 ILCS 446/80)
10        Sec.  80.  Employee  requirements.   All  employees  of a
11    licensed agency, other than those exempted, shall apply for a
12    Permanent Employee  Registration  Card.   The  holder  of  an
13    agency  certificate  issued under this Act, known in this Act
14    as "employer", may employ  in  the  conduct  of  his  or  her
15    business employees under the following provisions:
16        (a)  No  person  shall  be  issued  a  permanent employee
17    registration card who:
18             (1)  Is under 18 years of age.
19             (2)  Is under 21 years of age if the  services  will
20        include being armed.
21             (3)  Has  been  determined  by  the Department to be
22        unfit by reason of conviction of an offense  in  this  or
23        another  state,  other than a minor traffic offense.  The
24        Department shall promulgate rules for procedures by which
25        those circumstances shall be determined and  that  afford
26        the applicant due process of law.
27             (4)  Has   had   a  license  or  permanent  employee
28        registration card refused, denied, suspended, or  revoked
29        under this Act.
30             (5)  Has  been  declared incompetent by any court of
31        competent jurisdiction by reason  of  mental  disease  or
 
                            -2-               LRB9100558ACtmA
 1        defect and has not been restored.
 2             (6)  Has been dishonorably discharged from the armed
 3        services of the United States.
 4        (b)  No  person  may  be  employed by a private detective
 5    agency, private security contractor agency, or private  alarm
 6    contractor  agency,  or  locksmith  agency under this Section
 7    until he or she has executed and furnished to  the  employer,
 8    on forms furnished by the Department, a verified statement to
 9    be known as "Employee's Statement" setting forth:
10             (1)  The  person's  full  name,  age,  and residence
11        address.
12             (2)  The business or occupation engaged in for the 5
13        years immediately before the date of the execution of the
14        statement, the place where the business or occupation was
15        engaged in, and the names of employers, if any.
16             (3)  That the  person  has  not  had  a  license  or
17        employee  registration  refused,  revoked,  or  suspended
18        under this Act.
19             (4)  Any conviction of a felony or misdemeanor.
20             (5)  Any  declaration  of incompetency by a court of
21        competent jurisdiction that has not been restored.
22             (6)  Any  dishonorable  discharge  from  the   armed
23        services of the United States.
24             (7)  Any other information as may be required by any
25        rule  of  the  Department  to  show  the  good character,
26        competency, and integrity of  the  person  executing  the
27        statement.
28        (c)  Each applicant for a permanent employee registration
29    card shall submit to the Department with the applicable fees,
30    on  fingerprint cards furnished by the Department, 2 complete
31    sets of fingerprints that are verified to  be  those  of  the
32    applicant.   If an applicant's fingerprint cards are returned
33    to the Department as unclassifiable by the screening  agency,
34    the  applicant  has 90 days after notification is sent by the
 
                            -3-               LRB9100558ACtmA
 1    Department to submit additional fingerprint cards taken by  a
 2    different    technician   to   replace   the   unclassifiable
 3    fingerprint cards.
 4        The  Department  shall  notify  the  submitting  licensed
 5    agency within 10 days if the  applicant's  fingerprint  cards
 6    are  returned  to the Department as unclassifiable.  However,
 7    instead of submitting fingerprint cards,  an  individual  may
 8    submit  proof  that is satisfactory to the Department that an
 9    equivalent security clearance has been  conducted.   Also,  a
10    full-time peace officer or an individual who has retired as a
11    peace  officer  within  12  months  of application may submit
12    verification, on forms provided by the Department and  signed
13    by  one's  employer,  of his or her full-time employment as a
14    peace officer.  "Peace  officer"  means  any  person  who  by
15    virtue of his or her office or public employment is vested by
16    law  with  a duty to maintain public order or to make arrests
17    for offenses, whether that duty extends to all offenses or is
18    limited to specific offenses; officers, agents, or  employees
19    of  the federal government commissioned by federal statute to
20    make arrests for violations  of  federal  criminal  laws  are
21    considered peace officers.
22        (d)  Upon  receipt of the verified fingerprint cards, the
23    Department shall cause the fingerprints to be  compared  with
24    fingerprints  of  criminals  now  or hereafter filed with the
25    Illinois Department of State Police.  The Department may also
26    cause the fingerprints to be checked against the fingerprints
27    of criminals now or hereafter filed in the records  of  other
28    official fingerprint files within or without this State.  The
29    Department  shall  issue  a  permanent  employee registration
30    card, in a form the Department prescribes, to  all  qualified
31    applicants.   The  Department  shall  notify  the  submitting
32    licensed agency within 10 days upon the issuance of or intent
33    to deny the permanent employee registration card.  The holder
34    of  a  permanent  employee  registration card shall carry the
 
                            -4-               LRB9100558ACtmA
 1    card at all times while actually engaged in  the  performance
 2    of  the  duties  of  his  or  her employment.  Expiration and
 3    requirements for renewal of permanent  employee  registration
 4    cards  shall  be  established  by  rule  of  the  Department.
 5    Possession of a permanent employee registration card does not
 6    in  any  way imply that the holder of the card is employed by
 7    an agency unless the permanent employee registration card  is
 8    accompanied  by  the employee identification card required by
 9    subsection (g) of this Section.
10        (e)  Within 5 days of  the  receipt  of  the  application
11    materials,  the  Department  shall institute an investigation
12    for a criminal record by checking the applicant's  name  with
13    immediately available criminal history information systems.
14        (f)  Each  employer  shall  maintain  a  record  of  each
15    employee   that   is   accessible   to  the  duly  authorized
16    representatives of the Department.  The record shall  contain
17    the following information:
18             (1)  A  photograph  taken within 10 days of the date
19        that the employee begins employment  with  the  employer.
20        The   photograph   shall   be  replaced  with  a  current
21        photograph every 3 calendar years.
22             (2)  The   employee's   statement    specified    in
23        subsection (b) of this Section.
24             (3)  All correspondence or documents relating to the
25        character  and  integrity of the employee received by the
26        employer from any  official  source  or  law  enforcement
27        agency.
28             (4)  In  the  case of former employees, the employee
29        identification  card  of   that   person   issued   under
30        subsection (g) of this Section.
31        (5)  Each employee record shall duly note if the employee
32    is employed in an armed capacity.  Armed employee files shall
33    contain  a  copy  of  an active Firearm Owners Identification
34    Card and a copy of an active Firearm Authorization Card.
 
                            -5-               LRB9100558ACtmA
 1        (6)  Each employer shall maintain a record for each armed
 2    employee of each instance in which the employee's weapon  was
 3    discharged  during  the  course  of  his  or her professional
 4    duties or activities.  The  record  shall  be  maintained  on
 5    forms  provided  by  the  Department, a copy of which must be
 6    filed with the Department within 15 days of an instance.  The
 7    record shall include the date and time of the occurrence, the
 8    circumstances involved  in  the  occurrence,  and  any  other
 9    information  as  the  Department  may  require.   Failure  to
10    provide  this  information  to  the  Department or failure to
11    maintain the record  as  a  part  of  each  armed  employee's
12    permanent  file  is  grounds  for  disciplinary  action.  The
13    Department,  upon  receipt  of  a  report,  shall  have   the
14    authority  to make any investigation it considers appropriate
15    into  any  occurrence  in  which  an  employee's  weapon  was
16    discharged  and  to  take  disciplinary  action  as  may   be
17    appropriate.
18        (7)  The  Department  may,  by  rule,  prescribe  further
19    record requirements.
20        (g)  Every    employer    shall   furnish   an   employee
21    identification card to each of his or  her  employees.   This
22    employee   identification   card   shall   contain  a  recent
23    photograph of the employee, the employee's name, the name and
24    agency certification number of the employer,  the  employee's
25    personal  description,  the  signature  of  the employer, the
26    signature of that employee, the  date  of  issuance,  and  an
27    employee identification card number.
28        (h)  No  employer  may  issue  an employee identification
29    card to any person who is not employed  by  the  employer  in
30    accordance  with  this  Section or falsely state or represent
31    that a person is or has been in his or  her  employ.   It  is
32    unlawful  for  an applicant for registered employment to file
33    with the Department the fingerprints of a person  other  than
34    himself  or  herself, or to fail to exercise due diligence in
 
                            -6-               LRB9100558ACtmA
 1    resubmitting replacement fingerprints for those employees who
 2    have  had  original  fingerprint  submissions   returned   as
 3    unclassifiable.
 4        (i)  Every  employer shall obtain the identification card
 5    of every employee who terminates employment with him or her.
 6        (j)  Every employer shall maintain a separate  roster  of
 7    the  names  of  all  employees  currently working in an armed
 8    capacity and submit the roster to the Department on request.
 9        (k)  No agency may  employ  any  person  under  this  Act
10    unless:
11             (1)  The person possesses a valid permanent employee
12        registration card or the person has a valid license under
13        this Act; or
14             (2)  The agency:
15                  (i)  on  behalf of each person completes in its
16             entirety  and   submits   to   the   Department   an
17             application  for  a  permanent employee registration
18             card, including the required  fingerprint  card  and
19             fees;
20                  (ii)  exercises  due  diligence  to ensure that
21             the person is qualified under  the  requirements  of
22             the   Act   to   be   issued  a  permanent  employee
23             registration card; and
24                  (iii)  maintains a separate roster of the names
25             of all employees whose  applications  are  currently
26             pending  with  the Department and submits the roster
27             to the Department on a monthly basis.   Rosters  are
28             to  be  maintained  by the agency for a period of at
29             least 24 months.
30        (l)  Failure by an  agency  to  submit  the  application,
31    fees,  and  fingerprints  specified  in  this  Section before
32    scheduling the person for work shall result in a fine, in  an
33    amount  up  to  $1,000,  or  other  disciplinary action being
34    imposed against the agency.  Failure to maintain  and  submit
 
                            -7-               LRB9100558ACtmA
 1    the  specified  rosters  is grounds for discipline under this
 2    Act.
 3        (m)  No person may be employed under this Section in  any
 4    capacity if:
 5             (i)  The  person  while so employed is being paid by
 6        the United States or any political  subdivision  for  the
 7        time  so  employed  in addition to any payments he or she
 8        may receive from the employer.
 9             (ii)  The person wears any portion  of  his  or  her
10        official uniform, emblem of authority, or equipment while
11        so employed except as provided in Section 30.
12        (n)  If   information   is   discovered   affecting   the
13    registration  of  a  person whose fingerprints were submitted
14    under this Section, the Department shall so notify the agency
15    that submitted the fingerprints on behalf of that person.
16    (Source: P.A. 88-363; 89-366, eff. 1-1-96; revised 10-31-98.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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