Illinois General Assembly - Full Text of SB1753
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Full Text of SB1753  100th General Assembly

SB1753sam001 100TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/27/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1753

2    AMENDMENT NO. ______. Amend Senate Bill 1753 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8    (Section scheduled to be repealed on January 1, 2024)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 also, in addition to the Secretary,
5petition for relief. Upon the filing of a verified petition in
6court, if satisfied by affidavit or otherwise that the person,
7firm, corporation, or other legal entity is or has been
8conducting unlicensed activities in violation of this Act, the
9court may enter a temporary restraining order or preliminary
10injunction, without bond, enjoining the defendant from further
11practicing in an unlicensed capacity. A copy of the verified
12complaint shall be served upon the defendant and the
13proceedings shall be conducted as in civil cases. If it is
14established the defendant has been or is conducting unlicensed
15activities in violation of this Act, the court may enter a
16judgment enjoining the defendant from that activity and may
17award the licensee, interested party, or person injured
18reasonable attorney's fees and costs regardless of whether the
19injunctive relief was obtained by consent or by court order. In
20case of violation of any injunctive order or judgment entered
21under this Section, the court may punish the offender for
22contempt of court. as provided in subsection (a) of this
23Section.
24(Source: P.A. 98-253, eff. 8-9-13.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".