[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0287
HB0620 Enrolled LRB9102726ACtm
AN ACT in relation to security guards.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 is amended by changing
Section 30 as follows:
(225 ILCS 446/30)
Sec. 30. Exemptions.
(a) This Act does not apply to:
(1) An officer or employee of the United States,
this State, or any political subdivision of either while
the officer or employee is engaged in the performance of
his or her official duties within the course and scope of
his or her employment with the United States, this State,
or any political subdivision of either. However, any
person who offers his or her services as a private
detective or private security contractor, or any title
when similar services are performed for compensation,
fee, or other valuable consideration, whether received
directly or indirectly, is subject to this Act and its
licensing requirements.
(2) An attorney-at-law licensed to practice in
Illinois while engaging in the practice of law.
(3) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial
rating or credit worthiness of persons; and a person who
provides consumer reports in connection with:
(i) Credit transactions involving the consumer
on whom the information is to be furnished and
involving the extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of
insurance involving the consumer.
(4) Insurance adjusters legally employed or under
contract as adjusters and who engage in no other
investigative activities other than those directly
connected with adjustment of claims against an insurance
company or self-insured by which they are employed or
with which they have a contract. No insurance adjuster
or company may utilize the term "investigation" or any
derivative thereof in its company name or in its
advertising other than for the handling of insurance
claims.
For the purposes of this Code, "insurance adjuster"
includes any person expressly authorized to act on behalf
of an insurance company or self-insured and any employee
thereof who acts or appears to act on behalf of the
insurance company or self-insured in matters relating to
claims, including but not limited to independent
contractors while performing claim services at the
direction of the company.
(5) A person engaged exclusively and employed by a
person, firm, association, or corporation in the business
of transporting persons or property in interstate
commerce and making an investigation related to the
business of that employer.
(6) Any person, watchman, or guard employed
exclusively and regularly by one employer in connection
with the affairs of that employer only and there exists
an employer/employee relationship.
(7) Any law enforcement officer, as defined in the
Illinois Police Training Act, who has successfully
completed the requirements of basic law enforcement and
firearms training as prescribed by the Illinois Law
Enforcement Training Standards Board, employed by an
employer in connection with the affairs of that employer,
provided he or she is exclusively employed by the
employer during the hours or times he or she is scheduled
to work for that employer, and there exists an employer
and employee relationship.
In this subsection an "employee" is a person who is
employed by an employer who has the right to control and
direct the employee who performs the services in
question, not only as to the result to be accomplished by
the work, but also as to the details and means by which
the result is to be accomplished; and an "employer" is
any person or entity, with the exception of a private
detective, private detective agency, private security
contractor, private security contractor agency, private
alarm contractor, or private alarm contractor agency,
whose purpose it is to hire persons to perform the
business of a private detective, private detective
agency, private security contractor, private security
contractor agency, private alarm contractor, or private
alarm contractor agency.
(8) A person who sells burglar alarm systems and
does not install, monitor, maintain, alter, repair,
service, or respond to burglar alarm systems at protected
premises or premises to be protected, provided:
(i) The burglar alarm systems are
approved either by Underwriters Laboratories or
another authoritative source recognized by the
Department and are identified by a federally
registered trademark.
(ii) The owner of the trademark has
expressly authorized the person to sell the
trademark owner's products, and the person
provides proof of this authorization upon the
request of the Department.
(iii) The owner of the trademark
maintains, and provides upon the Department's
request, a certificate evidencing insurance for
bodily injury or property damage arising from
faulty or defective products in an amount not
less than $1,000,000 combined single limit;
provided that the policy of insurance need not
relate exclusively to burglar alarm systems.
(9) A person who sells, installs, maintains, or
repairs automobile alarm systems.
(9-5) A person, firm, or corporation engaged solely
and exclusively in tracing and compiling lineage or
ancestry.
(10) A person employed as either an armed or
unarmed security guard at a nuclear energy, storage,
weapons or development site or facility regulated by the
Nuclear Regulatory Commission who has completed the
background screening and training mandated by the rules
and regulations of the Nuclear Regulatory Commission.
(b) Nothing in this Act prohibits any of the following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long
as they do not hold themselves out to the public as
locksmiths.
(B) Police, fire, or other municipal employees from
opening a lock in an emergency situation, as long as they
do not hold themselves out to the public as locksmiths.
(C) Any merchant or retail or hardware store from
duplicating keys, from installing, servicing, repairing,
rebuilding, reprogramming, or maintaining electronic
garage door devices or from selling locks or similar
security accessories not prohibited from sale by the
State of Illinois, as long as they do not hold themselves
out to the public as locksmiths.
(D) The installation or removal of complete locks
or locking devices by members of the building trades when
doing so in the course of residential or commercial new
construction or remodeling, as long as they do not hold
themselves out to the public as locksmiths.
(E) The employees of towing services, repossessors,
or auto clubs from opening automotive locks in the normal
course of their duties, as long as they do not hold
themselves out to the public as locksmiths. Additionally,
this Act shall not prohibit employees of towing services
from opening motor vehicle locks to enable a vehicle to
be moved without towing, provided that the towing service
does not hold itself out to the public, by yellow page
advertisement, through a sign at the facilities of the
towing service, or by any other advertisement, as a
locksmith.
(F) The practice of locksmithing by students in the
course of study in programs approved by the Department,
provided that the students do not hold themselves out to
the public as locksmiths.
(G) Servicing, installing, repairing, or rebuilding
locks by a lock manufacturer or anyone employed by a lock
manufacturer, as long as they do not hold themselves out
to the public as locksmiths.
(H) The provision of any of the products or
services in the practice of locksmithing as identified in
Section 5 of this Act by a business licensed by the State
of Illinois as a private alarm contractor or private
alarm contractor agency, as long as the principal purpose
of the services provided to a customer is not the
practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency.
(I) Any maintenance employee of a property
management company at a multi-family residential building
from servicing, installing, repairing, or opening locks
for tenants as long as the maintenance employee does not
hold himself or herself out to the public as a locksmith.
(J) A person, firm, or corporation from engaging in
fire protection engineering, including the design,
testing, and inspection of fire protection systems.
(K) The practice of professional engineering as
defined in the Professional Engineering Practice Act of
1989.
(L) The practice of structural engineering as
defined in the Structural Engineering Licensing Act of
1989.
(M) The practice of architecture as defined in the
Illinois Architecture Practice Act of 1989.
(N) The activities of persons or firms licensed
under the Illinois Public Accounting Act if performed in
the course of their professional practice.
(c) This Act does not prohibit any persons legally
regulated in this State under any other Act from engaging in
the practice for which they are licensed, provided that they
do not represent themselves by any title prohibited by this
Act.
(Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
90-633, eff. 7-24-98.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
do not apply to or affect any of the following:
(1) Peace officers, and any person summoned by a
peace officer to assist in making arrests or preserving
the peace, while actually engaged in assisting such
officer.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense, while in the performance of their official duty,
or while commuting between their homes and places of
employment.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard or
the Reserve Officers Training Corps, while in the
performance of their official duty.
(4) Special agents employed by a railroad or a
public utility to perform police functions, and guards of
armored car companies, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment;
and watchmen while actually engaged in the performance of
the duties of their employment.
(5) Persons licensed as private security
contractors, private detectives, or private alarm
contractors, or employed by an agency certified by the
Department of Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private Detective, Private Alarm, and Private
Security Act of 1983, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment,
provided that such commuting is accomplished within one
hour from departure from home or place of employment, as
the case may be. Persons exempted under this subdivision
(a)(5) shall be required to have completed a course of
study in firearms handling and training approved and
supervised by the Department of Professional Regulation
as prescribed by Section 28 of the Private Detective,
Private Alarm, and Private Security Act of 1983, prior to
becoming eligible for this exemption. The Department of
Professional Regulation shall provide suitable
documentation demonstrating the successful completion of
the prescribed firearms training. Such documentation
shall be carried at all times when such persons are in
possession of a concealable weapon.
(6) Any person regularly employed in a commercial
or industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force of at least 5 persons registered with the
Department of Professional Regulation; provided that such
security guard has successfully completed a course of
study, approved by and supervised by the Department of
Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20
hours of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
authorization card by the Department of Professional
Regulation. Conditions for the renewal of firearm
authorization cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm
and Private Security Act of 1983. Such firearm
authorization card shall be carried by the security guard
at all times when he or she is in possession of a
concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for
the protection of other employees and property related to
such financial institution, while actually engaged in the
performance of their duties, commuting between their
homes and places of employment, or traveling between
sites or properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts,
and the handling of weapons. A person shall be considered
to be eligible for this exemption if he or she has
completed the required 20 hours of training for a
security officer and 20 hours of required firearm
training, and has been issued a firearm authorization
card by the Department of Professional Regulation.
Conditions for renewal of firearm authorization cards
issued under the provisions of this Section shall be the
same as for those issued under the provisions of the
Private Detective, Private Alarm and Private Security Act
of 1983. Such firearm authorization card shall be
carried by the person so trained at all times when such
person is in possession of a concealable weapon. For
purposes of this subsection, "financial institution"
means a bank, savings and loan association, credit union
or company providing armored car services.
(9) Any person employed by an armored car company
to drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys
Appellate Prosecutor to carry weapons pursuant to Section
7.06 of the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(13) Court Security Officers while in the
performance of their official duties, or while commuting
between their homes and places of employment, with the
consent of the Sheriff.
(13.5) A person employed as an armed security guard
at a nuclear energy, storage, weapons or development site
or facility regulated by the Nuclear Regulatory
Commission who has completed the background screening and
training mandated by the rules and regulations of the
Nuclear Regulatory Commission.
(14) Manufacture, transportation, or sale of
weapons to persons authorized under subdivisions (1)
through (13.5) (13) of this subsection to possess those
weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any of the following:
(1) Members of any club or organization organized
for the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Licensed hunters, trappers or fishermen while
engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down
in a non-functioning state or are not immediately
accessible.
(c) Subsection 24-1(a)(7) does not apply to or affect
any of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state
or are not immediately accessible.
(5) Persons licensed under federal law to
manufacture any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, or ammunition for such weapons, and
actually engaged in the business of manufacturing such
weapons or ammunition, but only with respect to
activities which are within the lawful scope of such
business, such as the manufacture, transportation, or
testing of such weapons or ammunition. This exemption
does not authorize the general private possession of any
weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, but
only such possession and activities as are within the
lawful scope of a licensed manufacturing business
described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be
broken down in a non-functioning state, or not
immediately accessible.
(d) Subsection 24-1(a)(1) does not apply to the
purchase, possession or carrying of a black-jack or
slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
not apply to members of any club or organization organized
for the purpose of practicing shooting at targets upon
established target ranges, whether public or private, while
using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
apply to:
(1) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(2) Bonafide collectors of antique or surplus
military ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession
of explosive bullets by manufacturers of ammunition
licensed by the federal government, in connection with
the supply of those organizations and persons exempted by
subdivision (g)(1) of this Section, or like organizations
and persons outside this State, or the transportation of
explosive bullets to any organization or person exempted
in this Section by a common carrier or by a vehicle owned
or leased by an exempted manufacturer.
(h) An information or indictment based upon a violation
of any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall
have the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is
engaged; and nothing in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession of
any pistol, revolver, stun gun, taser, or other firearm, not
the subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 89-685, eff. 6-1-97.)
[ Top ]