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Sen. Michael E. Hastings
Filed: 4/29/2015
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| 1 | | AMENDMENT TO HOUSE BILL 488
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| 2 | | AMENDMENT NO. ______. Amend House Bill 488 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Private Detective, Private Alarm, Private |
| 5 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 6 | | amended by changing Section 40-5 as follows:
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| 7 | | (225 ILCS 447/40-5)
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| 8 | | (Section scheduled to be repealed on January 1, 2024)
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| 9 | | Sec. 40-5. Injunctive relief. |
| 10 | | (a) The practice of a private
detective, private security |
| 11 | | contractor, private alarm
contractor, fingerprint vendor, |
| 12 | | locksmith, private detective agency, private
security |
| 13 | | contractor agency, private alarm contractor agency,
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| 14 | | fingerprint vendor agency, or locksmith agency by any person, |
| 15 | | firm, corporation, or other
legal entity that has not been |
| 16 | | issued a license by the
Department or whose license has been |
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| 1 | | suspended, revoked, or
not renewed is hereby declared to be |
| 2 | | inimical to the public
safety and welfare and to constitute a |
| 3 | | public nuisance. The
Secretary may, in the name of the People |
| 4 | | of the State of Illinois through the Attorney General of the |
| 5 | | State of Illinois or the State's Attorney
of any county in |
| 6 | | which the violation is alleged to have occurred in the State of |
| 7 | | Illinois, petition for an order enjoining the violation or for |
| 8 | | an order enforcing compliance with this Act. Upon the
filing of |
| 9 | | a verified petition in court, if satisfied by
affidavit or |
| 10 | | otherwise that the person, firm, corporation, or
other legal |
| 11 | | entity is or has been conducting activities in
violation of |
| 12 | | this Act, the court may enter a temporary
restraining order or |
| 13 | | preliminary injunction, without bond,
enjoining the defendant |
| 14 | | from further activity. A copy of the
verified complaint shall |
| 15 | | be served upon the defendant and the
proceedings shall be |
| 16 | | conducted as in civil cases. If it is
established the defendant |
| 17 | | has been or is conducting activities
in violation of this Act, |
| 18 | | the court may enter a judgment
enjoining the defendant from |
| 19 | | that activity. In case of
violation of any injunctive order or |
| 20 | | judgment entered under
this Section, the court may punish the |
| 21 | | offender for contempt
of court. Injunctive proceedings shall be |
| 22 | | in addition to all
other penalties under this Act.
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| 23 | | (b) If any person practices as a private detective, private |
| 24 | | security contractor, private alarm contractor, fingerprint |
| 25 | | vendor, locksmith, private detective agency, private security |
| 26 | | contractor agency, private alarm contractor agency, |
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| 1 | | fingerprint vendor agency, or locksmith agency or holds himself |
| 2 | | or herself out as such without having a valid license under |
| 3 | | this Act, then any licensee, any interested party, or any |
| 4 | | person injured thereby may, in addition to the Secretary, |
| 5 | | petition for relief as provided in subsection (a) of this |
| 6 | | Section. Reasonable attorney's fees and costs may be awarded to |
| 7 | | the licensee, interested party, or person injured if he or she |
| 8 | | successfully obtains injunctive relief, whether by consent or |
| 9 | | otherwise. |
| 10 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.".
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