Full Text of SB1753 100th General Assembly
SB1753sam001 100TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 4/27/2017
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| 1 | | AMENDMENT TO SENATE BILL 1753
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1753 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Private Detective, Private Alarm, Private | 5 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 | | amended by changing Section 40-5 as follows:
| 7 | | (225 ILCS 447/40-5)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 40-5. Injunctive relief. | 10 | | (a) The practice of a private
detective, private security | 11 | | contractor, private alarm
contractor, fingerprint vendor, | 12 | | locksmith, private detective agency, private
security | 13 | | contractor agency, private alarm contractor agency,
| 14 | | fingerprint vendor agency, or locksmith agency by any person, | 15 | | firm, corporation, or other
legal entity that has not been | 16 | | issued a license by the
Department or whose license has been |
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| 1 | | suspended, revoked, or
not renewed is hereby declared to be | 2 | | inimical to the public
safety and welfare and to constitute a | 3 | | public nuisance. The
Secretary may, in the name of the People | 4 | | of the State of Illinois through the Attorney General of the | 5 | | State of Illinois or the State's Attorney
of any county in | 6 | | which the violation is alleged to have occurred in the State of | 7 | | Illinois, petition for an order enjoining the violation or for | 8 | | an order enforcing compliance with this Act. Upon the
filing of | 9 | | a verified petition in court, if satisfied by
affidavit or | 10 | | otherwise that the person, firm, corporation, or
other legal | 11 | | entity is or has been conducting activities in
violation of | 12 | | this Act, the court may enter a temporary
restraining order or | 13 | | preliminary injunction, without bond,
enjoining the defendant | 14 | | from further activity. A copy of the
verified complaint shall | 15 | | be served upon the defendant and the
proceedings shall be | 16 | | conducted as in civil cases. If it is
established the defendant | 17 | | has been or is conducting activities
in violation of this Act, | 18 | | the court may enter a judgment
enjoining the defendant from | 19 | | that activity. In case of
violation of any injunctive order or | 20 | | judgment entered under
this Section, the court may punish the | 21 | | offender for contempt
of court. Injunctive proceedings shall be | 22 | | in addition to all
other penalties under this Act.
| 23 | | (b) If any person practices as a private detective, private | 24 | | security contractor, private alarm contractor, fingerprint | 25 | | vendor, locksmith, private detective agency, private security | 26 | | contractor agency, private alarm contractor agency, |
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| 1 | | fingerprint vendor agency, or locksmith agency or holds himself | 2 | | or herself out as such without having a valid license under | 3 | | this Act, then any licensee, any interested party, or any | 4 | | person injured thereby may also , in addition to the Secretary, | 5 | | petition for relief . Upon the filing of a verified petition in | 6 | | court, if satisfied by affidavit or otherwise that the person, | 7 | | firm, corporation, or other legal entity is or has been | 8 | | conducting unlicensed activities in violation of this Act, the | 9 | | court may enter a temporary restraining order or preliminary | 10 | | injunction, without bond, enjoining the defendant from further | 11 | | practicing in an unlicensed capacity. A copy of the verified | 12 | | complaint shall be served upon the defendant and the | 13 | | proceedings shall be conducted as in civil cases. If it is | 14 | | established the defendant has been or is conducting unlicensed | 15 | | activities in violation of this Act, the court may enter a | 16 | | judgment enjoining the defendant from that activity and may | 17 | | award the licensee, interested party, or person injured | 18 | | reasonable attorney's fees and costs regardless of whether the | 19 | | injunctive relief was obtained by consent or by court order. In | 20 | | case of violation of any injunctive order or judgment entered | 21 | | under this Section, the court may punish the offender for | 22 | | contempt of court. as provided in subsection (a) of this | 23 | | Section. | 24 | | (Source: P.A. 98-253, eff. 8-9-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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