State of Illinois
90th General Assembly
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90_HB2674

      225 ILCS 446/180
      225 ILCS 446/192 new
      225 ILCS 446/193 new
          Amends the  Private  Detective,  Private  Alarm,  Private
      Security,  and  Locksmith  Act  of  1993  to  require private
      detectives, employees of a private security contractor agency
      who perform guarding functions, and employees  of  a  private
      alarm  contractor  agency  who  respond  to  alarm systems to
      undergo additional weaponry and restraint technique training.
      Prohibits private security contractor agencies from providing
      armed personnel for labor disputes or at strike locations  in
      the course of providing private security contractor services.
      Bars  a private security contractor licensee, employee of the
      licensee, or private security guard from performing specified
      acts during a labor dispute, strike, or lockout.
                                                     LRB9007490DPcw
                                               LRB9007490DPcw
 1        AN ACT to amend the  Private  Detective,  Private  Alarm,
 2    Private  Security,  and  Locksmith  Act  of  1993 by changing
 3    Section 180 and adding Sections 192 and 193.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The Private Detective, Private Alarm, Private
 7    Security,  and  Locksmith  Act of 1993 is amended by changing
 8    Section 180 and adding Sections 192 and 193 as follows:
 9        (225 ILCS 446/180)
10        Sec. 180.  Employee training.  Individuals registered  as
11    employees  of  any  agency  certified  under this Act, except
12    private  detectives,  employees   of   a   private   security
13    contractor  agency  who  perform guarding functions, or those
14    employees of a private alarm contractor agency who respond to
15    alarm systems,  must  complete  a  minimum  of  20  hours  of
16    training  related  to  their  employment  to be provided by a
17    qualified  instructor.   The  substance  and  format  of  the
18    training shall be germane to the  work  of  the  employee  as
19    determined  by  the employer and shall be completed under the
20    provisions of this Act.
21        Private detectives, individuals registered  as  employees
22    of  a private security contractor agency who perform guarding
23    functions, or employees of a private alarm contractor  agency
24    who  responds  to alarm systems shall complete within 30 days
25    of their employment  a  minimum  of  20  hours  of  classroom
26    training.   The  classroom  training  shall  be provided by a
27    qualified instructor and shall include the following  subject
28    matters:
29             (1)  The law regarding arrest and search and seizure
30        as it applies to private security.
31             (2)  Civil  and  criminal liability for acts related
                            -2-                LRB9007490DPcw
 1        to private security.
 2             (3)  The use of force, the legal limitations on  the
 3        justifiable   use   of   force   and  deadly  force,  and
 4        alternatives to the use of force.
 5             (4)  Arrest and control techniques.
 6             (5)  The elements of  offenses  under  the  Criminal
 7        Code  of  1961  directly  related  to  the  protection of
 8        persons and property.
 9             (6)  The law on private police and on  reporting  to
10        law enforcement agencies.
11             (7)  Fire   prevention,  fire  equipment,  and  fire
12        safety.
13             (8)  The  procedures  for  service  of  process  and
14        report writing.
15             (9)  Human and public relations.
16             (10)  First Aid.
17             (11)  In the case of a person employed to use,  when
18        necessary,  a  weapon other than a firearm, including but
19        not limited to a bludgeon,  nightstick,  baton,  chemical
20        weapon,  or electronic incapacitation device, training in
21        the use of the weapon.
22             (12)  Training  in   the   use   of   restraint   or
23        immobilization    techniques,   including   the   carotid
24        restraint.
25             (13)  Standards for weapons and equipment issued  to
26        or carried or used by the licensee or employee.
27        It  is  the responsibility of the employer to certify, on
28    forms provided by  the  Department,  that  the  employee  has
29    successfully  completed  the  training.   The form shall be a
30    permanent record of the training completed  by  the  employee
31    and  shall be placed in the employee's file with the employer
32    for the term that the employee is retained by  the  employer.
33    The  form  shall  be returned to the employee when his or her
34    employment is terminated.  Failure to return the form to  the
                            -3-                LRB9007490DPcw
 1    employee  is  grounds for discipline.  The employee shall not
 2    be required to complete the training required under this  Act
 3    once the employee has been issued a form.
 4        Nothing  in this Act prevents any employer from providing
 5    or requiring additional training beyond the required 20 hours
 6    that the employer feels  is  necessary  and  appropriate  for
 7    competent job performance.
 8        Any  certification  of  completion  of  the 20-hour basic
 9    training that was issued under the Private Detective, Private
10    Alarm and Private Security Act of 1983 shall be  accepted  as
11    proof of training under this Section.
12        The  Department  shall prescribe by rule at least 6 hours
13    of  annual,  continuing  training  requirements  for  private
14    detectives, employees of a private security contractor agency
15    who perform guarding functions, and employees  of  a  private
16    alarm contractor agency who respond to alarm systems.
17    (Source: P.A. 88-363.)
18        (225 ILCS 446/192 new)
19        Sec.   192.    Labor   disputes.    No  private  security
20    contractor agency shall, in the course of  providing  private
21    security  contractor  services,  provide  armed personnel for
22    labor disputes or at strike locations.  This Section does not
23    apply to an agency's use of armed security personnel services
24    in the  usual  course  of  business  for  the  protection  of
25    persons, property, and payroll.
26        (225 ILCS 446/193 new)
27        Sec. 193.  Acts prohibited during labor disputes.
28        (a)  This  Section applies to (1)  a licensee or employee
29    of a licensee who is primarily  performing  private  security
30    contractor  services  and (2) a private security guard who is
31    primarily performing the duties of a security guard.
32        (b)  A person  listed  under  subsection  (a)  shall  not
                            -4-                LRB9007490DPcw
 1    perform  any  of  the  following  activities  during  a labor
 2    dispute, strike, or lockout:
 3             (1)  incite or encourage a participant  to  perform,
 4        or   aid   in   the  incitement  or  encouragement  of  a
 5        participant in performing, unlawful acts against  another
 6        person or property;
 7             (2)  photograph   a  participant  when  neither  the
 8        participant nor the photographer is on the premises being
 9        protected by the person or entity listed under subsection
10        (a);
11             (3)  stop or detain a vehicle unless the vehicle  is
12        on  the  premises being protected by the person or entity
13        listed under subsection (a);
14             (4)  conduct  surveillance  of  participants,   when
15        neither  the  participant  nor  the person conducting the
16        surveillance is on the premises being  protected  by  the
17        person or entity listed under subsection (a); or
18             (5)  any   other  activities  with  the  purpose  of
19        intimidating or provoking a participant.
20        (c)  A person or entity  who  violates  this  Section  is
21    guilty of a Class A misdemeanor.  In addition, the Department
22    shall  suspend the license of a person or entity who is found
23    to have violated  this  Section,  under  the  formal  hearing
24    provisions of Section 130, for 60 days in the case of a first
25    violation,  6  months  in the case of a second violation, and
26    one year in the case of a third or subsequent violation.

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