Illinois General Assembly - Full Text of HB0488
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Full Text of HB0488  99th General Assembly

HB0488sam002 99TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 4/29/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 488

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8    (Section scheduled to be repealed on January 1, 2024)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

 

 

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1suspended, revoked, or not renewed is hereby declared to be
2inimical to the public safety and welfare and to constitute a
3public nuisance. The Secretary may, in the name of the People
4of the State of Illinois through the Attorney General of the
5State of Illinois or the State's Attorney of any county in
6which the violation is alleged to have occurred in the State of
7Illinois, petition for an order enjoining the violation or for
8an order enforcing compliance with this Act. Upon the filing of
9a verified petition in court, if satisfied by affidavit or
10otherwise that the person, firm, corporation, or other legal
11entity is or has been conducting activities in violation of
12this Act, the court may enter a temporary restraining order or
13preliminary injunction, without bond, enjoining the defendant
14from further activity. A copy of the verified complaint shall
15be served upon the defendant and the proceedings shall be
16conducted as in civil cases. If it is established the defendant
17has been or is conducting activities in violation of this Act,
18the court may enter a judgment enjoining the defendant from
19that activity. In case of violation of any injunctive order or
20judgment entered under this Section, the court may punish the
21offender for contempt of court. Injunctive proceedings shall be
22in addition to all other penalties under this Act.
23    (b) If any person practices as a private detective, private
24security contractor, private alarm contractor, fingerprint
25vendor, locksmith, private detective agency, private security
26contractor agency, private alarm contractor agency,

 

 

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1fingerprint vendor agency, or locksmith agency or holds himself
2or herself out as such without having a valid license under
3this Act, then any licensee, any interested party, or any
4person injured thereby may, in addition to the Secretary,
5petition for relief as provided in subsection (a) of this
6Section. Reasonable attorney's fees and costs may be awarded to
7the licensee, interested party, or person injured if he or she
8successfully obtains injunctive relief, whether by consent or
9otherwise.
10(Source: P.A. 98-253, eff. 8-9-13.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".