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Public Act 102-0418
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| HB1831 Enrolled | LRB102 13569 SPS 18917 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
amended by changing Section 40-5 as follows:
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(225 ILCS 447/40-5)
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(Section scheduled to be repealed on January 1, 2024)
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Sec. 40-5. Injunctive relief. |
(a) The practice of a private
detective, private security |
contractor, private alarm
contractor, fingerprint vendor, |
locksmith, private detective agency, private
security |
contractor agency, private alarm contractor agency,
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fingerprint vendor agency, or locksmith agency by any person, |
firm, corporation, or other
legal entity that has not been |
issued a license by the
Department or whose license has been |
suspended, revoked, or
not renewed is hereby declared to be |
inimical to the public
safety and welfare and to constitute a |
public nuisance. The
Secretary may, in the name of the People |
of the State of Illinois through the Attorney General of the |
State of Illinois or the State's Attorney
of any county in |
which the violation is alleged to have occurred in the State of |
Illinois, petition for an order enjoining the violation or for |
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an order enforcing compliance with this Act. Upon the
filing |
of a verified petition in court, if satisfied by
affidavit or |
otherwise that the person, firm, corporation, or
other legal |
entity is or has been conducting activities in
violation of |
this Act, the court may enter a temporary
restraining order or |
preliminary injunction, without bond,
enjoining the defendant |
from further activity. A copy of the
verified complaint shall |
be served upon the defendant and the
proceedings shall be |
conducted as in civil cases. If it is
established the |
defendant has been or is conducting activities
in violation of |
this Act, the court may enter a judgment
enjoining the |
defendant from that activity. In case of
violation of any |
injunctive order or judgment entered under
this Section, the |
court may punish the offender for contempt
of court. |
Injunctive proceedings shall be in addition to all
other |
penalties under this Act.
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(b) If any person practices as a private detective, |
private security contractor, private alarm contractor, |
fingerprint vendor, locksmith, private detective agency, |
private security contractor agency, private alarm contractor |
agency, fingerprint vendor agency, or locksmith agency or |
holds himself or herself out as such without having a valid |
license under this Act, then any licensee, any interested |
party, or any person injured thereby may, in addition to the |
Secretary, petition for relief as provided in subsection (a) |
of this Section. Reasonable attorney's fees and costs may be |