Public Act 099-0174
 
HB1422 EnrolledLRB099 03523 HAF 23531 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Sections 20-10 and 40-10 as follows:
 
    (225 ILCS 447/20-10)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 20-10. Qualifications for licensure as a private alarm
contractor.
    (a) A person is qualified for licensure as a private alarm
contractor if he or she meets all of the following
requirements:
        (1) Is at least 21 years of age.
        (2) Has not been convicted of any felony in any
    jurisdiction or at least 10 years have elapsed since the
    time of full discharge from a sentence imposed for a felony
    conviction.
        (3) Is of good moral character. Good moral character is
    a continuing requirement of licensure. Conviction of
    crimes other than felonies may be used in determining moral
    character, but shall not constitute an absolute bar to
    licensure, except where the applicant is a registered sex
    offender.
        (4) Has not been declared by any court of competent
    jurisdiction to be incompetent by reason of mental or
    physical defect or disease, unless a court has subsequently
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from
    narcotic addiction or dependence.
        (6) Has a minimum of 3 years experience during the 5
    years immediately preceding the application (i) working as
    a full-time manager for a licensed private alarm contractor
    agency or (ii) working for a government, one of the armed
    forces of the United States, or private entity that
    inspects, reviews, designs, sells, installs, operates,
    services, or monitors alarm systems that, in the judgment
    of the Board, satisfies the standards of alarm industry
    competence. The Board and the Department may accept, in
    lieu of the experience requirement in this item (6),
    alternative experience working as a full-time manager for a
    private alarm contractor agency licensed in another state
    or for a private alarm contractor agency in a state that
    does not license such agencies, if the experience is
    substantially equivalent to that gained working for an
    Illinois licensed private alarm contractor agency. An
    applicant who has received a 4-year degree or higher in
    electrical engineering or a related field from a program
    approved by the Board or a business degree from an
    accredited college or university shall be given credit for
    2 years of the required experience. An applicant who has
    successfully completed a national certification program
    approved by the Board shall be given credit for one year of
    the required experience.
        (7) Has not been dishonorably discharged from the armed
    forces of the United States.
        (8) Has passed an examination authorized by the
    Department.
        (9) Submits his or her fingerprints, proof of having
    general liability insurance required under subsection (c),
    and the required license fee.
        (10) Has not violated Section 10-5 of this Act.
    (b) (Blank).
    (c) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to the
Department before being issued a license. Failure to maintain
general liability insurance and to provide the Department with
written proof of the insurance shall result in cancellation of
the license without hearing.
(Source: P.A. 98-253, eff. 8-9-13.)
 
    (225 ILCS 447/40-10)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 40-10. Disciplinary sanctions.
    (a) The Department may deny issuance, refuse to renew, or
restore or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or non-disciplinary action against
any license, registration, permanent employee registration
card, canine handler authorization card, canine trainer
authorization card, or firearm control card, may impose a fine
not to exceed $10,000 for each violation, and may assess costs
as provided for under Section 45-60, for any of the following:
        (1) Fraud, deception, or misrepresentation in
    obtaining or renewing of a license or registration.
        (2) Professional incompetence as manifested by poor
    standards of service.
        (3) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (4) Conviction of or by plea of guilty or plea of nolo
    contendere to a felony or misdemeanor in this State or any
    other jurisdiction or the entry of an administrative
    sanction by a government agency in this State or any other
    jurisdiction; action taken under this paragraph (4) for a
    misdemeanor or an administrative sanction is limited to a
    misdemeanor or administrative sanction that has as an
    essential element of dishonesty or fraud or involves
    larceny, embezzlement, or obtaining money, property, or
    credit by false pretenses or by means of a confidence
    game. , finding of guilt, jury verdict, or entry of judgment
    or by sentencing of any crime including, but not limited
    to, convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation, under
    the laws of any jurisdiction of the United States that is
    (i) a felony in a federal court; or (ii) a misdemeanor, an
    essential element of which is dishonesty, or that is
    directly related to the practice of the profession.
        (5) Performing any services in a grossly negligent
    manner or permitting any of a licensee's employees to
    perform services in a grossly negligent manner, regardless
    of whether actual damage to the public is established.
        (6) Continued practice, although the person has become
    unfit to practice due to any of the following:
            (A) Physical illness, mental illness, or other
        impairment, including, but not limited to,
        deterioration through the aging process or loss of
        motor skills that results in the inability to serve the
        public with reasonable judgment, skill, or safety.
            (B) (Blank).
            (C) Habitual or excessive use or abuse of drugs
        defined in law as controlled substances, alcohol, or
        any other substance that results in the inability to
        practice with reasonable judgment, skill, or safety.
        (7) Receiving, directly or indirectly, compensation
    for any services not rendered.
        (8) Willfully deceiving or defrauding the public on a
    material matter.
        (9) Failing to account for or remit any moneys or
    documents coming into the licensee's possession that
    belong to another person or entity.
        (10) Discipline by another United States jurisdiction,
    foreign nation, or governmental agency, if at least one of
    the grounds for the discipline is the same or substantially
    equivalent to those set forth in this Act.
        (11) Giving differential treatment to a person that is
    to that person's detriment because of race, color, creed,
    sex, religion, or national origin.
        (12) Engaging in false or misleading advertising.
        (13) Aiding, assisting, or willingly permitting
    another person to violate this Act or rules promulgated
    under it.
        (14) Performing and charging for services without
    authorization to do so from the person or entity serviced.
        (15) Directly or indirectly offering or accepting any
    benefit to or from any employee, agent, or fiduciary
    without the consent of the latter's employer or principal
    with intent to or the understanding that this action will
    influence his or her conduct in relation to his or her
    employer's or principal's affairs.
        (16) Violation of any disciplinary order imposed on a
    licensee by the Department.
        (17) Performing any act or practice that is a violation
    of this Act or the rules for the administration of this
    Act, or having a conviction or administrative finding of
    guilty as a result of violating any federal or State laws,
    rules, or regulations that apply exclusively to the
    practices of private detectives, private alarm
    contractors, private security contractors, fingerprint
    vendors, or locksmiths.
        (18) Conducting an agency without a valid license.
        (19) Revealing confidential information, except as
    required by law, including but not limited to information
    available under Section 2-123 of the Illinois Vehicle Code.
        (20) Failing to make available to the Department, upon
    request, any books, records, or forms required by this Act.
        (21) Failing, within 30 days, to respond to a written
    request for information from the Department.
        (22) Failing to provide employment information or
    experience information required by the Department
    regarding an applicant for licensure.
        (23) Failing to make available to the Department at the
    time of the request any indicia of licensure or
    registration issued under this Act.
        (24) Purporting to be a licensee-in-charge of an agency
    without active participation in the agency.
        (25) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (26) Violating subsection (f) of Section 30-30.
        (27) A firearm control card holder having more firearms
    in his or her immediate possession than he or she can
    reasonably exercise control over.
        (28) Failure to report in writing to the Department,
    within 60 days of an entry of a settlement or a verdict in
    excess of $10,000, any legal action in which the quality of
    the licensee's or registrant's professional services was
    the subject of the legal action.
    (b) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine.
    (c) The Department shall adopt rules that set forth
standards of service for the following: (i) acceptable error
rate in the transmission of fingerprint images and other data
to the Department of State Police; (ii) acceptable error rate
in the collection and documentation of information used to
generate fingerprint work orders; and (iii) any other standard
of service that affects fingerprinting services as determined
by the Department.
    The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(Source: P.A. 98-253, eff. 8-9-13.)
 
    Section 10. The Criminal Code of 2012 is amended by
changing Section 24-2 as follows:
 
    (720 ILCS 5/24-2)
    Sec. 24-2. Exemptions.
    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
        (1) Peace officers, and any person summoned by a peace
    officer to assist in making arrests or preserving the
    peace, while actually engaged in assisting such officer.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense,
    while in the performance of their official duty, or while
    commuting between their homes and places of employment.
        (3) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard or the
    Reserve Officers Training Corps, while in the performance
    of their official duty.
        (4) Special agents employed by a railroad or a public
    utility to perform police functions, and guards of armored
    car companies, while actually engaged in the performance of
    the duties of their employment or commuting between their
    homes and places of employment; and watchmen while actually
    engaged in the performance of the duties of their
    employment.
        (5) Persons licensed as private security contractors,
    private detectives, or private alarm contractors, or
    employed by a private security contractor, private
    detective, or private alarm contractor an agency licensed
    certified by the Department of Financial and Professional
    Regulation, if their duties include the carrying of a
    weapon under the provisions of the Private Detective,
    Private Alarm, Private Security, Fingerprint Vendor, and
    Locksmith Act of 2004, while actually engaged in the
    performance of the duties of their employment or commuting
    between their homes and places of employment, provided that
    such commuting is accomplished within one hour from
    departure from home or place of employment, as the case may
    be. A person shall be considered eligible for this
    exemption if he or she has completed the required 20 hours
    of training for a private security contractor, private
    detective, or private alarm contractor, or employee of a
    licensed private security contractor, private detective,
    or private alarm contractor agency and 20 hours of required
    firearm training, and has been issued a firearm control
    card by the Department of Financial and Professional
    Regulation. Conditions for the renewal of firearm control
    cards issued under the provisions of this Section shall be
    the same as for those cards issued under the provisions of
    the Private Detective, Private Alarm, Private Security,
    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
    control card shall be carried by the private security
    contractor, private detective, or private alarm
    contractor, or employee of the licensed private security
    contractor, private detective, or private alarm contractor
    agency at all times when he or she is in possession of a
    concealable weapon permitted by his or her firearm control
    card.
        (6) Any person regularly employed in a commercial or
    industrial operation as a security guard for the protection
    of persons employed and private property related to such
    commercial or industrial operation, while actually engaged
    in the performance of his or her duty or traveling between
    sites or properties belonging to the employer, and who, as
    a security guard, is a member of a security force of at
    least 5 persons registered with the Department of Financial
    and Professional Regulation; provided that such security
    guard has successfully completed a course of study,
    approved by and supervised by the Department of Financial
    and Professional Regulation, consisting of not less than 40
    hours of training that includes the theory of law
    enforcement, liability for acts, and the handling of
    weapons. A person shall be considered eligible for this
    exemption if he or she has completed the required 20 hours
    of training for a security officer and 20 hours of required
    firearm training, and has been issued a firearm control
    card by the Department of Financial and Professional
    Regulation. Conditions for the renewal of firearm control
    cards issued under the provisions of this Section shall be
    the same as for those cards issued under the provisions of
    the Private Detective, Private Alarm, Private Security,
    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
    control card shall be carried by the security guard at all
    times when he or she is in possession of a concealable
    weapon permitted by his or her firearm control card.
        (7) Agents and investigators of the Illinois
    Legislative Investigating Commission authorized by the
    Commission to carry the weapons specified in subsections
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
    any investigation for the Commission.
        (8) Persons employed by a financial institution as a
    security guard for the protection of other employees and
    property related to such financial institution, while
    actually engaged in the performance of their duties,
    commuting between their homes and places of employment, or
    traveling between sites or properties owned or operated by
    such financial institution, and who, as a security guard,
    is a member of a security force registered with the
    Department; provided that any person so employed has
    successfully completed a course of study, approved by and
    supervised by the Department of Financial and Professional
    Regulation, consisting of not less than 40 hours of
    training which includes theory of law enforcement,
    liability for acts, and the handling of weapons. A person
    shall be considered to be eligible for this exemption if he
    or she has completed the required 20 hours of training for
    a security officer and 20 hours of required firearm
    training, and has been issued a firearm control card by the
    Department of Financial and Professional Regulation.
    Conditions for renewal of firearm control cards issued
    under the provisions of this Section shall be the same as
    for those issued under the provisions of the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004. The Such firearm control
    card shall be carried by the security guard person so
    trained at all times when he or she such person is in
    possession of a concealable weapon permitted by his or her
    firearm control card. For purposes of this subsection,
    "financial institution" means a bank, savings and loan
    association, credit union or company providing armored car
    services.
        (9) Any person employed by an armored car company to
    drive an armored car, while actually engaged in the
    performance of his duties.
        (10) Persons who have been classified as peace officers
    pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    Attorneys Appellate Prosecutor authorized by the board of
    governors of the Office of the State's Attorneys Appellate
    Prosecutor to carry weapons pursuant to Section 7.06 of the
    State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    Attorney under Section 3-9005 of the Counties Code.
        (12.5) Probation officers while in the performance of
    their duties, or while commuting between their homes,
    places of employment or specific locations that are part of
    their assigned duties, with the consent of the chief judge
    of the circuit for which they are employed, if they have
    received weapons training according to requirements of the
    Peace Officer and Probation Officer Firearm Training Act.
        (13) Court Security Officers while in the performance
    of their official duties, or while commuting between their
    homes and places of employment, with the consent of the
    Sheriff.
        (13.5) A person employed as an armed security guard at
    a nuclear energy, storage, weapons or development site or
    facility regulated by the Nuclear Regulatory Commission
    who has completed the background screening and training
    mandated by the rules and regulations of the Nuclear
    Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    to persons authorized under subdivisions (1) through
    (13.5) of this subsection to possess those weapons.
    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized for
    the purpose of practicing shooting at targets upon
    established target ranges, whether public or private, and
    patrons of such ranges, while such members or patrons are
    using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    while parading, with the special permission of the
    Governor.
        (3) Hunters, trappers or fishermen with a license or
    permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down in a
    non-functioning state or are not immediately accessible.
        (5) Carrying or possessing any pistol, revolver, stun
    gun or taser or other firearm on the land or in the legal
    dwelling of another person as an invitee with that person's
    permission.
    (c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
        (1) Peace officers while in performance of their
    official duties.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while in
    the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through
    (3) of this subsection to possess machine guns, if the
    machine guns are broken down in a non-functioning state or
    are not immediately accessible.
        (5) Persons licensed under federal law to manufacture
    any weapon from which 8 or more shots or bullets can be
    discharged by a single function of the firing device, or
    ammunition for such weapons, and actually engaged in the
    business of manufacturing such weapons or ammunition, but
    only with respect to activities which are within the lawful
    scope of such business, such as the manufacture,
    transportation, or testing of such weapons or ammunition.
    This exemption does not authorize the general private
    possession of any weapon from which 8 or more shots or
    bullets can be discharged by a single function of the
    firing device, but only such possession and activities as
    are within the lawful scope of a licensed manufacturing
    business described in this paragraph.
        During transportation, such weapons shall be broken
    down in a non-functioning state or not immediately
    accessible.
        (6) The manufacture, transport, testing, delivery,
    transfer or sale, and all lawful commercial or experimental
    activities necessary thereto, of rifles, shotguns, and
    weapons made from rifles or shotguns, or ammunition for
    such rifles, shotguns or weapons, where engaged in by a
    person operating as a contractor or subcontractor pursuant
    to a contract or subcontract for the development and supply
    of such rifles, shotguns, weapons or ammunition to the
    United States government or any branch of the Armed Forces
    of the United States, when such activities are necessary
    and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    shall also apply to any authorized agent of any such
    contractor or subcontractor who is operating within the
    scope of his employment, where such activities involving
    such weapon, weapons or ammunition are necessary and
    incident to fulfilling the terms of such contract.
        (7) A person possessing a rifle with a barrel or
    barrels less than 16 inches in length if: (A) the person
    has been issued a Curios and Relics license from the U.S.
    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
    the person is an active member of a bona fide, nationally
    recognized military re-enacting group and the modification
    is required and necessary to accurately portray the weapon
    for historical re-enactment purposes; the re-enactor is in
    possession of a valid and current re-enacting group
    membership credential; and the overall length of the weapon
    as modified is not less than 26 inches.
    (d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
    (e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
        (1) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while in
    the performance of their official duty.
        (2) Bonafide collectors of antique or surplus military
    ordinance.
        (3) Laboratories having a department of forensic
    ballistics, or specializing in the development of
    ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    explosive bullets by manufacturers of ammunition licensed
    by the federal government, in connection with the supply of
    those organizations and persons exempted by subdivision
    (g)(1) of this Section, or like organizations and persons
    outside this State, or the transportation of explosive
    bullets to any organization or person exempted in this
    Section by a common carrier or by a vehicle owned or leased
    by an exempted manufacturer.
    (g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
    (g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
    (h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
98-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.