HB0488sam001 99TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 4/14/2015

 

 


 

 


 
09900HB0488sam001LRB099 03851 MLM 32840 a

1
AMENDMENT TO HOUSE BILL 488

2    AMENDMENT NO. ______. Amend House Bill 488 as follows:
 
3    "Section 5. The Private Detective, Private Alarm, Private
4Security, Fingerprint Vendor, and Locksmith Act of 2004 is
5amended by changing Section 40-5 as follows:
 
6    (225 ILCS 447/40-5)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 40-5. Injunctive relief.
9    (a) The practice of a private detective, private security
10contractor, private alarm contractor, fingerprint vendor,
11locksmith, private detective agency, private security
12contractor agency, private alarm contractor agency,
13fingerprint vendor agency, or locksmith agency by any person,
14firm, corporation, or other legal entity that has not been
15issued a license by the Department or whose license has been
16suspended, revoked, or not renewed is hereby declared to be

 

 

09900HB0488sam001- 2 -LRB099 03851 MLM 32840 a

1inimical to the public safety and welfare and to constitute a
2public nuisance. The Secretary may, in the name of the People
3of the State of Illinois through the Attorney General of the
4State of Illinois or the State's Attorney of any county in
5which the violation is alleged to have occurred in the State of
6Illinois, petition for an order enjoining the violation or for
7an order enforcing compliance with this Act. Upon the filing of
8a verified petition in court, if satisfied by affidavit or
9otherwise that the person, firm, corporation, or other legal
10entity is or has been conducting activities in violation of
11this Act, the court may enter a temporary restraining order or
12preliminary injunction, without bond, enjoining the defendant
13from further activity. A copy of the verified complaint shall
14be served upon the defendant and the proceedings shall be
15conducted as in civil cases. If it is established the defendant
16has been or is conducting activities in violation of this Act,
17the court may enter a judgment enjoining the defendant from
18that activity. In case of violation of any injunctive order or
19judgment entered under this Section, the court may punish the
20offender for contempt of court. Injunctive proceedings shall be
21in addition to all other penalties under this Act.
22    (b) If any person practices as a private detective, private
23security contractor, private alarm contractor, fingerprint
24vendor, locksmith, private detective agency, private security
25contractor agency, private alarm contractor agency,
26fingerprint vendor agency, or locksmith agency or holds himself

 

 

09900HB0488sam001- 3 -LRB099 03851 MLM 32840 a

1or herself out as such without having a valid license under
2this Act, then any licensee, any interested party, or any
3person injured thereby may, in addition to the Secretary,
4petition for relief as provided in subsection (a) of this
5Section. Reasonable attorney's fees and costs may be awarded to
6the licensee, interested party, or person injured if he or she
7successfully obtains injunctive relief, whether by consent or
8otherwise.
9(Source: P.A. 98-253, eff. 8-9-13.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".