97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3315

 

Introduced 2/7/2012, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 447/15-5
225 ILCS 447/45-65 new

    Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides an exemption from the provisions of the Act relating to licensure of private detectives for persons who engage in providing computer forensics services. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Effective immediately.


LRB097 20013 CEL 65321 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3315LRB097 20013 CEL 65321 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Section 15-5 and by adding Section 45-65 as
7follows:
 
8    (225 ILCS 447/15-5)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 15-5. Exemptions; private detective. The provisions
11of this Act relating to the licensure of private detectives do
12not apply to any of the following:
13        (1) An employee of the United States, Illinois, or a
14    political subdivision of either while the employee is
15    engaged in the performance of his or her official duties
16    within the scope of his or her employment. However, any
17    such person who offers his or her services as a private
18    detective or uses a similar title when these services are
19    performed for compensation or other consideration, whether
20    received directly or indirectly, is subject to this Act.
21        (2) A person, firm, or other entity engaged exclusively
22    in tracing and compiling lineage or ancestry who does not
23    hold himself or herself out to be a private detective.

 

 

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1        (3) A person engaged exclusively in obtaining and
2    furnishing information as to the financial rating or
3    creditworthiness of persons or a person who provides
4    reports in connection with (i) consumer credit
5    transactions, (ii) information for employment purposes, or
6    (iii) information for the underwriting of consumer
7    insurance.
8        (4) Insurance adjusters employed or under contract as
9    adjusters who engage in no other investigative activities
10    other than those directly connected with adjustment of
11    claims against an insurance company or a self-insured
12    entity by which they are employed or with which they have a
13    contract. No insurance adjuster or company may use the term
14    "investigation" or any derivative thereof, in its name or
15    in its advertising.
16        (5) A person, firm, or other entity engaged in
17    providing computer forensics services so long as the
18    person, firm, or other entity does not hold himself or
19    herself out to be a private detective. For the purposes of
20    this subsection, "computer forensics services" means a
21    branch of forensic science pertaining to the recovery and
22    analysis of electronically stored information.
23(Source: P.A. 93-438, eff. 8-5-03.)
 
24    (225 ILCS 447/45-65 new)
25    Sec. 45-65. Confidentiality. All information collected by

 

 

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1the Department in the course of an examination or investigation
2of a licensee or applicant, including, but not limited to, any
3complaint against a licensee filed with the Department and
4information collected to investigate any such complaint, shall
5be maintained for the confidential use of the Department and
6shall not be disclosed. The Department may not disclose the
7information to anyone other than law enforcement officials,
8other regulatory agencies that have an appropriate regulatory
9interest as determined by the Secretary, or a party presenting
10a lawful subpoena to the Department. Information and documents
11disclosed to a federal, State, county, or local law enforcement
12agency shall not be disclosed by the agency for any purpose to
13any other agency or person. A formal complaint filed against a
14licensee by the Department or any order issued by the
15Department against a licensee or applicant shall be a public
16record, except as otherwise prohibited by law.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.