Sen. Michael E. Hastings
Filed: 4/14/2015
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1 | AMENDMENT TO HOUSE BILL 488
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2 | AMENDMENT NO. ______. Amend House Bill 488 as follows:
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3 | "Section 5. The Private Detective, Private Alarm, Private | ||||||
4 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
5 | amended by changing Section 40-5 as follows:
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6 | (225 ILCS 447/40-5)
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7 | (Section scheduled to be repealed on January 1, 2024)
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8 | Sec. 40-5. Injunctive relief. | ||||||
9 | (a) The practice of a private
detective, private security | ||||||
10 | contractor, private alarm
contractor, fingerprint vendor, | ||||||
11 | locksmith, private detective agency, private
security | ||||||
12 | contractor agency, private alarm contractor agency,
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13 | fingerprint vendor agency, or locksmith agency by any person, | ||||||
14 | firm, corporation, or other
legal entity that has not been | ||||||
15 | issued a license by the
Department or whose license has been | ||||||
16 | suspended, revoked, or
not renewed is hereby declared to be |
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1 | inimical to the public
safety and welfare and to constitute a | ||||||
2 | public nuisance. The
Secretary may, in the name of the People | ||||||
3 | of the State of Illinois through the Attorney General of the | ||||||
4 | State of Illinois or the State's Attorney
of any county in | ||||||
5 | which the violation is alleged to have occurred in the State of | ||||||
6 | Illinois, petition for an order enjoining the violation or for | ||||||
7 | an order enforcing compliance with this Act. Upon the
filing of | ||||||
8 | a verified petition in court, if satisfied by
affidavit or | ||||||
9 | otherwise that the person, firm, corporation, or
other legal | ||||||
10 | entity is or has been conducting activities in
violation of | ||||||
11 | this Act, the court may enter a temporary
restraining order or | ||||||
12 | preliminary injunction, without bond,
enjoining the defendant | ||||||
13 | from further activity. A copy of the
verified complaint shall | ||||||
14 | be served upon the defendant and the
proceedings shall be | ||||||
15 | conducted as in civil cases. If it is
established the defendant | ||||||
16 | has been or is conducting activities
in violation of this Act, | ||||||
17 | the court may enter a judgment
enjoining the defendant from | ||||||
18 | that activity. In case of
violation of any injunctive order or | ||||||
19 | judgment entered under
this Section, the court may punish the | ||||||
20 | offender for contempt
of court. Injunctive proceedings shall be | ||||||
21 | in addition to all
other penalties under this Act.
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22 | (b) If any person practices as a private detective, private | ||||||
23 | security contractor, private alarm contractor, fingerprint | ||||||
24 | vendor, locksmith, private detective agency, private security | ||||||
25 | contractor agency, private alarm contractor agency, | ||||||
26 | fingerprint vendor agency, or locksmith agency or holds himself |
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1 | or herself out as such without having a valid license under | ||||||
2 | this Act, then any licensee, any interested party, or any | ||||||
3 | person injured thereby may, in addition to the Secretary, | ||||||
4 | petition for relief as provided in subsection (a) of this | ||||||
5 | Section. Reasonable attorney's fees and costs may be awarded to | ||||||
6 | the licensee, interested party, or person injured if he or she | ||||||
7 | successfully obtains injunctive relief, whether by consent or | ||||||
8 | otherwise. | ||||||
9 | (Source: P.A. 98-253, eff. 8-9-13.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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