SB1753sam001 100TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/27/2017

10000SB1753sam001 LRB100 06325 SMS 25601 a

AMENDMENT TO SENATE BILL 1753

AMENDMENT NO. ______. Amend Senate Bill 1753 by replacing everything after the enacting clause with the following:

"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:

(225 ILCS 447/40-5)

(Section scheduled to be repealed on January 1, 2024)

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, 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 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.

(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 also, in addition to the Secretary, petition for relief. 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 unlicensed activities in violation of this Act, the court may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further practicing in an unlicensed capacity. 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 unlicensed activities in violation of this Act, the court may enter a judgment enjoining the defendant from that activity and may award the licensee, interested party, or person injured reasonable attorney's fees and costs regardless of whether the injunctive relief was obtained by consent or by court order. In case of violation of any injunctive order or judgment entered under this Section, the court may punish the offender for contempt of court. as provided in subsection (a) of this Section.

(Source: P.A. 98-253, eff. 8-9-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".