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91_HB0620enr
HB0620 Enrolled LRB9102726ACtm
1 AN ACT in relation to security guards.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Private Detective, Private Alarm, Private
5 Security, and Locksmith Act of 1993 is amended by changing
6 Section 30 as follows:
7 (225 ILCS 446/30)
8 Sec. 30. Exemptions.
9 (a) This Act does not apply to:
10 (1) An officer or employee of the United States,
11 this State, or any political subdivision of either while
12 the officer or employee is engaged in the performance of
13 his or her official duties within the course and scope of
14 his or her employment with the United States, this State,
15 or any political subdivision of either. However, any
16 person who offers his or her services as a private
17 detective or private security contractor, or any title
18 when similar services are performed for compensation,
19 fee, or other valuable consideration, whether received
20 directly or indirectly, is subject to this Act and its
21 licensing requirements.
22 (2) An attorney-at-law licensed to practice in
23 Illinois while engaging in the practice of law.
24 (3) A person engaged exclusively in the business of
25 obtaining and furnishing information as to the financial
26 rating or credit worthiness of persons; and a person who
27 provides consumer reports in connection with:
28 (i) Credit transactions involving the consumer
29 on whom the information is to be furnished and
30 involving the extensions of credit to the consumer.
31 (ii) Information for employment purposes.
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1 (iii) Information for the underwriting of
2 insurance involving the consumer.
3 (4) Insurance adjusters legally employed or under
4 contract as adjusters and who engage in no other
5 investigative activities other than those directly
6 connected with adjustment of claims against an insurance
7 company or self-insured by which they are employed or
8 with which they have a contract. No insurance adjuster
9 or company may utilize the term "investigation" or any
10 derivative thereof in its company name or in its
11 advertising other than for the handling of insurance
12 claims.
13 For the purposes of this Code, "insurance adjuster"
14 includes any person expressly authorized to act on behalf
15 of an insurance company or self-insured and any employee
16 thereof who acts or appears to act on behalf of the
17 insurance company or self-insured in matters relating to
18 claims, including but not limited to independent
19 contractors while performing claim services at the
20 direction of the company.
21 (5) A person engaged exclusively and employed by a
22 person, firm, association, or corporation in the business
23 of transporting persons or property in interstate
24 commerce and making an investigation related to the
25 business of that employer.
26 (6) Any person, watchman, or guard employed
27 exclusively and regularly by one employer in connection
28 with the affairs of that employer only and there exists
29 an employer/employee relationship.
30 (7) Any law enforcement officer, as defined in the
31 Illinois Police Training Act, who has successfully
32 completed the requirements of basic law enforcement and
33 firearms training as prescribed by the Illinois Law
34 Enforcement Training Standards Board, employed by an
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1 employer in connection with the affairs of that employer,
2 provided he or she is exclusively employed by the
3 employer during the hours or times he or she is scheduled
4 to work for that employer, and there exists an employer
5 and employee relationship.
6 In this subsection an "employee" is a person who is
7 employed by an employer who has the right to control and
8 direct the employee who performs the services in
9 question, not only as to the result to be accomplished by
10 the work, but also as to the details and means by which
11 the result is to be accomplished; and an "employer" is
12 any person or entity, with the exception of a private
13 detective, private detective agency, private security
14 contractor, private security contractor agency, private
15 alarm contractor, or private alarm contractor agency,
16 whose purpose it is to hire persons to perform the
17 business of a private detective, private detective
18 agency, private security contractor, private security
19 contractor agency, private alarm contractor, or private
20 alarm contractor agency.
21 (8) A person who sells burglar alarm systems and
22 does not install, monitor, maintain, alter, repair,
23 service, or respond to burglar alarm systems at protected
24 premises or premises to be protected, provided:
25 (i) The burglar alarm systems are
26 approved either by Underwriters Laboratories or
27 another authoritative source recognized by the
28 Department and are identified by a federally
29 registered trademark.
30 (ii) The owner of the trademark has
31 expressly authorized the person to sell the
32 trademark owner's products, and the person
33 provides proof of this authorization upon the
34 request of the Department.
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1 (iii) The owner of the trademark
2 maintains, and provides upon the Department's
3 request, a certificate evidencing insurance for
4 bodily injury or property damage arising from
5 faulty or defective products in an amount not
6 less than $1,000,000 combined single limit;
7 provided that the policy of insurance need not
8 relate exclusively to burglar alarm systems.
9 (9) A person who sells, installs, maintains, or
10 repairs automobile alarm systems.
11 (9-5) A person, firm, or corporation engaged solely
12 and exclusively in tracing and compiling lineage or
13 ancestry.
14 (10) A person employed as either an armed or
15 unarmed security guard at a nuclear energy, storage,
16 weapons or development site or facility regulated by the
17 Nuclear Regulatory Commission who has completed the
18 background screening and training mandated by the rules
19 and regulations of the Nuclear Regulatory Commission.
20 (b) Nothing in this Act prohibits any of the following:
21 (A) Servicing, installing, repairing, or rebuilding
22 automotive locks by automotive service dealers, as long
23 as they do not hold themselves out to the public as
24 locksmiths.
25 (B) Police, fire, or other municipal employees from
26 opening a lock in an emergency situation, as long as they
27 do not hold themselves out to the public as locksmiths.
28 (C) Any merchant or retail or hardware store from
29 duplicating keys, from installing, servicing, repairing,
30 rebuilding, reprogramming, or maintaining electronic
31 garage door devices or from selling locks or similar
32 security accessories not prohibited from sale by the
33 State of Illinois, as long as they do not hold themselves
34 out to the public as locksmiths.
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1 (D) The installation or removal of complete locks
2 or locking devices by members of the building trades when
3 doing so in the course of residential or commercial new
4 construction or remodeling, as long as they do not hold
5 themselves out to the public as locksmiths.
6 (E) The employees of towing services, repossessors,
7 or auto clubs from opening automotive locks in the normal
8 course of their duties, as long as they do not hold
9 themselves out to the public as locksmiths. Additionally,
10 this Act shall not prohibit employees of towing services
11 from opening motor vehicle locks to enable a vehicle to
12 be moved without towing, provided that the towing service
13 does not hold itself out to the public, by yellow page
14 advertisement, through a sign at the facilities of the
15 towing service, or by any other advertisement, as a
16 locksmith.
17 (F) The practice of locksmithing by students in the
18 course of study in programs approved by the Department,
19 provided that the students do not hold themselves out to
20 the public as locksmiths.
21 (G) Servicing, installing, repairing, or rebuilding
22 locks by a lock manufacturer or anyone employed by a lock
23 manufacturer, as long as they do not hold themselves out
24 to the public as locksmiths.
25 (H) The provision of any of the products or
26 services in the practice of locksmithing as identified in
27 Section 5 of this Act by a business licensed by the State
28 of Illinois as a private alarm contractor or private
29 alarm contractor agency, as long as the principal purpose
30 of the services provided to a customer is not the
31 practice of locksmithing and the business does not hold
32 itself out to the public as a locksmith agency.
33 (I) Any maintenance employee of a property
34 management company at a multi-family residential building
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1 from servicing, installing, repairing, or opening locks
2 for tenants as long as the maintenance employee does not
3 hold himself or herself out to the public as a locksmith.
4 (J) A person, firm, or corporation from engaging in
5 fire protection engineering, including the design,
6 testing, and inspection of fire protection systems.
7 (K) The practice of professional engineering as
8 defined in the Professional Engineering Practice Act of
9 1989.
10 (L) The practice of structural engineering as
11 defined in the Structural Engineering Licensing Act of
12 1989.
13 (M) The practice of architecture as defined in the
14 Illinois Architecture Practice Act of 1989.
15 (N) The activities of persons or firms licensed
16 under the Illinois Public Accounting Act if performed in
17 the course of their professional practice.
18 (c) This Act does not prohibit any persons legally
19 regulated in this State under any other Act from engaging in
20 the practice for which they are licensed, provided that they
21 do not represent themselves by any title prohibited by this
22 Act.
23 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
24 90-633, eff. 7-24-98.)
25 Section 10. The Criminal Code of 1961 is amended by
26 changing Section 24-2 as follows:
27 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
28 Sec. 24-2. Exemptions.
29 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
30 do not apply to or affect any of the following:
31 (1) Peace officers, and any person summoned by a
32 peace officer to assist in making arrests or preserving
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1 the peace, while actually engaged in assisting such
2 officer.
3 (2) Wardens, superintendents and keepers of
4 prisons, penitentiaries, jails and other institutions for
5 the detention of persons accused or convicted of an
6 offense, while in the performance of their official duty,
7 or while commuting between their homes and places of
8 employment.
9 (3) Members of the Armed Services or Reserve Forces
10 of the United States or the Illinois National Guard or
11 the Reserve Officers Training Corps, while in the
12 performance of their official duty.
13 (4) Special agents employed by a railroad or a
14 public utility to perform police functions, and guards of
15 armored car companies, while actually engaged in the
16 performance of the duties of their employment or
17 commuting between their homes and places of employment;
18 and watchmen while actually engaged in the performance of
19 the duties of their employment.
20 (5) Persons licensed as private security
21 contractors, private detectives, or private alarm
22 contractors, or employed by an agency certified by the
23 Department of Professional Regulation, if their duties
24 include the carrying of a weapon under the provisions of
25 the Private Detective, Private Alarm, and Private
26 Security Act of 1983, while actually engaged in the
27 performance of the duties of their employment or
28 commuting between their homes and places of employment,
29 provided that such commuting is accomplished within one
30 hour from departure from home or place of employment, as
31 the case may be. Persons exempted under this subdivision
32 (a)(5) shall be required to have completed a course of
33 study in firearms handling and training approved and
34 supervised by the Department of Professional Regulation
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1 as prescribed by Section 28 of the Private Detective,
2 Private Alarm, and Private Security Act of 1983, prior to
3 becoming eligible for this exemption. The Department of
4 Professional Regulation shall provide suitable
5 documentation demonstrating the successful completion of
6 the prescribed firearms training. Such documentation
7 shall be carried at all times when such persons are in
8 possession of a concealable weapon.
9 (6) Any person regularly employed in a commercial
10 or industrial operation as a security guard for the
11 protection of persons employed and private property
12 related to such commercial or industrial operation, while
13 actually engaged in the performance of his or her duty or
14 traveling between sites or properties belonging to the
15 employer, and who, as a security guard, is a member of a
16 security force of at least 5 persons registered with the
17 Department of Professional Regulation; provided that such
18 security guard has successfully completed a course of
19 study, approved by and supervised by the Department of
20 Professional Regulation, consisting of not less than 40
21 hours of training that includes the theory of law
22 enforcement, liability for acts, and the handling of
23 weapons. A person shall be considered eligible for this
24 exemption if he or she has completed the required 20
25 hours of training for a security officer and 20 hours of
26 required firearm training, and has been issued a firearm
27 authorization card by the Department of Professional
28 Regulation. Conditions for the renewal of firearm
29 authorization cards issued under the provisions of this
30 Section shall be the same as for those cards issued under
31 the provisions of the Private Detective, Private Alarm
32 and Private Security Act of 1983. Such firearm
33 authorization card shall be carried by the security guard
34 at all times when he or she is in possession of a
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1 concealable weapon.
2 (7) Agents and investigators of the Illinois
3 Legislative Investigating Commission authorized by the
4 Commission to carry the weapons specified in subsections
5 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
6 any investigation for the Commission.
7 (8) Persons employed by a financial institution for
8 the protection of other employees and property related to
9 such financial institution, while actually engaged in the
10 performance of their duties, commuting between their
11 homes and places of employment, or traveling between
12 sites or properties owned or operated by such financial
13 institution, provided that any person so employed has
14 successfully completed a course of study, approved by and
15 supervised by the Department of Professional Regulation,
16 consisting of not less than 40 hours of training which
17 includes theory of law enforcement, liability for acts,
18 and the handling of weapons. A person shall be considered
19 to be eligible for this exemption if he or she has
20 completed the required 20 hours of training for a
21 security officer and 20 hours of required firearm
22 training, and has been issued a firearm authorization
23 card by the Department of Professional Regulation.
24 Conditions for renewal of firearm authorization cards
25 issued under the provisions of this Section shall be the
26 same as for those issued under the provisions of the
27 Private Detective, Private Alarm and Private Security Act
28 of 1983. Such firearm authorization card shall be
29 carried by the person so trained at all times when such
30 person is in possession of a concealable weapon. For
31 purposes of this subsection, "financial institution"
32 means a bank, savings and loan association, credit union
33 or company providing armored car services.
34 (9) Any person employed by an armored car company
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1 to drive an armored car, while actually engaged in the
2 performance of his duties.
3 (10) Persons who have been classified as peace
4 officers pursuant to the Peace Officer Fire Investigation
5 Act.
6 (11) Investigators of the Office of the State's
7 Attorneys Appellate Prosecutor authorized by the board of
8 governors of the Office of the State's Attorneys
9 Appellate Prosecutor to carry weapons pursuant to Section
10 7.06 of the State's Attorneys Appellate Prosecutor's Act.
11 (12) Special investigators appointed by a State's
12 Attorney under Section 3-9005 of the Counties Code.
13 (13) Court Security Officers while in the
14 performance of their official duties, or while commuting
15 between their homes and places of employment, with the
16 consent of the Sheriff.
17 (13.5) A person employed as an armed security guard
18 at a nuclear energy, storage, weapons or development site
19 or facility regulated by the Nuclear Regulatory
20 Commission who has completed the background screening and
21 training mandated by the rules and regulations of the
22 Nuclear Regulatory Commission.
23 (14) Manufacture, transportation, or sale of
24 weapons to persons authorized under subdivisions (1)
25 through (13.5) (13) of this subsection to possess those
26 weapons.
27 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
28 to or affect any of the following:
29 (1) Members of any club or organization organized
30 for the purpose of practicing shooting at targets upon
31 established target ranges, whether public or private, and
32 patrons of such ranges, while such members or patrons are
33 using their firearms on those target ranges.
34 (2) Duly authorized military or civil organizations
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1 while parading, with the special permission of the
2 Governor.
3 (3) Licensed hunters, trappers or fishermen while
4 engaged in hunting, trapping or fishing.
5 (4) Transportation of weapons that are broken down
6 in a non-functioning state or are not immediately
7 accessible.
8 (c) Subsection 24-1(a)(7) does not apply to or affect
9 any of the following:
10 (1) Peace officers while in performance of their
11 official duties.
12 (2) Wardens, superintendents and keepers of
13 prisons, penitentiaries, jails and other institutions for
14 the detention of persons accused or convicted of an
15 offense.
16 (3) Members of the Armed Services or Reserve Forces
17 of the United States or the Illinois National Guard,
18 while in the performance of their official duty.
19 (4) Manufacture, transportation, or sale of machine
20 guns to persons authorized under subdivisions (1) through
21 (3) of this subsection to possess machine guns, if the
22 machine guns are broken down in a non-functioning state
23 or are not immediately accessible.
24 (5) Persons licensed under federal law to
25 manufacture any weapon from which 8 or more shots or
26 bullets can be discharged by a single function of the
27 firing device, or ammunition for such weapons, and
28 actually engaged in the business of manufacturing such
29 weapons or ammunition, but only with respect to
30 activities which are within the lawful scope of such
31 business, such as the manufacture, transportation, or
32 testing of such weapons or ammunition. This exemption
33 does not authorize the general private possession of any
34 weapon from which 8 or more shots or bullets can be
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1 discharged by a single function of the firing device, but
2 only such possession and activities as are within the
3 lawful scope of a licensed manufacturing business
4 described in this paragraph.
5 During transportation, such weapons shall be broken
6 down in a non-functioning state or not immediately
7 accessible.
8 (6) The manufacture, transport, testing, delivery,
9 transfer or sale, and all lawful commercial or
10 experimental activities necessary thereto, of rifles,
11 shotguns, and weapons made from rifles or shotguns, or
12 ammunition for such rifles, shotguns or weapons, where
13 engaged in by a person operating as a contractor or
14 subcontractor pursuant to a contract or subcontract for
15 the development and supply of such rifles, shotguns,
16 weapons or ammunition to the United States government or
17 any branch of the Armed Forces of the United States, when
18 such activities are necessary and incident to fulfilling
19 the terms of such contract.
20 The exemption granted under this subdivision (c)(6)
21 shall also apply to any authorized agent of any such
22 contractor or subcontractor who is operating within the
23 scope of his employment, where such activities involving
24 such weapon, weapons or ammunition are necessary and
25 incident to fulfilling the terms of such contract.
26 During transportation, any such weapon shall be
27 broken down in a non-functioning state, or not
28 immediately accessible.
29 (d) Subsection 24-1(a)(1) does not apply to the
30 purchase, possession or carrying of a black-jack or
31 slung-shot by a peace officer.
32 (e) Subsection 24-1(a)(8) does not apply to any owner,
33 manager or authorized employee of any place specified in that
34 subsection nor to any law enforcement officer.
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1 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
2 not apply to members of any club or organization organized
3 for the purpose of practicing shooting at targets upon
4 established target ranges, whether public or private, while
5 using their firearms on those target ranges.
6 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
7 apply to:
8 (1) Members of the Armed Services or Reserve Forces
9 of the United States or the Illinois National Guard,
10 while in the performance of their official duty.
11 (2) Bonafide collectors of antique or surplus
12 military ordinance.
13 (3) Laboratories having a department of forensic
14 ballistics, or specializing in the development of
15 ammunition or explosive ordinance.
16 (4) Commerce, preparation, assembly or possession
17 of explosive bullets by manufacturers of ammunition
18 licensed by the federal government, in connection with
19 the supply of those organizations and persons exempted by
20 subdivision (g)(1) of this Section, or like organizations
21 and persons outside this State, or the transportation of
22 explosive bullets to any organization or person exempted
23 in this Section by a common carrier or by a vehicle owned
24 or leased by an exempted manufacturer.
25 (h) An information or indictment based upon a violation
26 of any subsection of this Article need not negative any
27 exemptions contained in this Article. The defendant shall
28 have the burden of proving such an exemption.
29 (i) Nothing in this Article shall prohibit, apply to, or
30 affect the transportation, carrying, or possession, of any
31 pistol or revolver, stun gun, taser, or other firearm
32 consigned to a common carrier operating under license of the
33 State of Illinois or the federal government, where such
34 transportation, carrying, or possession is incident to the
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1 lawful transportation in which such common carrier is
2 engaged; and nothing in this Article shall prohibit, apply
3 to, or affect the transportation, carrying, or possession of
4 any pistol, revolver, stun gun, taser, or other firearm, not
5 the subject of and regulated by subsection 24-1(a)(7) or
6 subsection 24-2(c) of this Article, which is unloaded and
7 enclosed in a case, firearm carrying box, shipping box, or
8 other container, by the possessor of a valid Firearm Owners
9 Identification Card.
10 (Source: P.A. 89-685, eff. 6-1-97.)
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