Full Text of HB0836 102nd General Assembly
HB0836ham001 102ND GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/25/2021
| | 10200HB0836ham001 | | LRB102 11349 SPS 23289 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 836
| 2 | | AMENDMENT NO. ______. Amend House Bill 836 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 Sections 5-10, 15-25, 20-20, 25-20, 35-40, | 7 | | and 35-45 as follows:
| 8 | | (225 ILCS 447/5-10)
| 9 | | (Section scheduled to be repealed on January 1, 2024)
| 10 | | Sec. 5-10. Definitions. As used in this Act:
| 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's application file or the | 13 | | licensee's license file, as maintained by the Department's | 14 | | licensure maintenance unit. | 15 | | "Advertisement" means any public media, including printed | 16 | | or electronic material, that is published or displayed in a |
| | | 10200HB0836ham001 | - 2 - | LRB102 11349 SPS 23289 a |
|
| 1 | | phone book,
newspaper, magazine, pamphlet, newsletter, | 2 | | website, or other similar type of publication or electronic | 3 | | format
that is
intended to either attract business or merely | 4 | | provide contact information to
the public for
an agency or | 5 | | licensee. Advertisement shall not include a licensee's or an
| 6 | | agency's
letterhead, business cards, or other stationery used | 7 | | in routine business
correspondence or
customary name, address, | 8 | | and number type listings in a telephone directory.
| 9 | | "Alarm system" means any system, including an electronic | 10 | | access control
system, a
surveillance video system, a security | 11 | | video system, a burglar alarm system, a
fire alarm
system, or | 12 | | any other electronic system that activates an audible, | 13 | | visible,
remote, or
recorded signal that is designed for the | 14 | | protection or detection of intrusion,
entry, theft,
fire, | 15 | | vandalism, escape, or trespass, or other electronic systems | 16 | | designed for the protection of life by indicating the | 17 | | existence of an emergency situation. "Alarm system" also | 18 | | includes an emergency communication system and a mass | 19 | | notification system.
| 20 | | "Applicant" means a person or business applying for | 21 | | licensure, registration, or authorization under this Act. Any | 22 | | applicant or person who holds himself or herself out as an | 23 | | applicant is considered a licensee or registrant for the | 24 | | purposes of enforcement, investigation, hearings, and the | 25 | | Illinois Administrative Procedure Act. | 26 | | "Armed employee" means a licensee or registered person who |
| | | 10200HB0836ham001 | - 3 - | LRB102 11349 SPS 23289 a |
|
| 1 | | is employed by an
agency licensed or an armed proprietary | 2 | | security force registered under this
Act who carries a weapon | 3 | | while engaged in the
performance
of official duties within the | 4 | | course and scope of his or her employment during
the hours
and | 5 | | times the employee is scheduled to work or is commuting | 6 | | between his or her
home or
place of employment.
| 7 | | "Armed proprietary security force" means a security force | 8 | | made up of one or
more
armed individuals employed by a | 9 | | commercial or industrial operation or
by a financial | 10 | | institution as security officers
for the
protection of persons | 11 | | or property.
| 12 | | "Board" means the Private Detective, Private Alarm, | 13 | | Private Security, Fingerprint Vendor, and
Locksmith Board.
| 14 | | "Branch office" means a business location removed from the | 15 | | place of business
for which an agency license has been issued, | 16 | | including, but not limited to,
locations where active employee | 17 | | records that are required to be maintained
under this Act are | 18 | | kept, where prospective new
employees
are processed, or where | 19 | | members of the public are invited in to transact
business. A
| 20 | | branch office does not include an office or other facility | 21 | | located on the
property of an
existing client that is utilized | 22 | | solely for the benefit of that client and is
not owned or
| 23 | | leased by the agency.
| 24 | | "Canine handler" means a person who uses or handles a | 25 | | trained dog
to protect persons or property or
to conduct | 26 | | investigations. |
| | | 10200HB0836ham001 | - 4 - | LRB102 11349 SPS 23289 a |
|
| 1 | | "Canine handler authorization card" means a card issued by | 2 | | the Department that authorizes
the holder to use or handle a | 3 | | trained dog to protect persons or property or to conduct
| 4 | | investigations during the performance of his or her duties as | 5 | | specified in this Act. | 6 | | "Canine trainer" means a person who acts as a dog trainer | 7 | | for the purpose of training dogs to protect
persons or | 8 | | property or to conduct investigations. | 9 | | "Canine trainer authorization card" means a card issued by | 10 | | the Department that authorizes the
holder to train a dog to | 11 | | protect persons or property or to conduct investigations | 12 | | during the
performance of his or her duties as specified in | 13 | | this Act. | 14 | | "Canine training facility" means a facility operated by a | 15 | | licensed private detective agency or private
security | 16 | | contractor agency wherein dogs are trained for the purposes of | 17 | | protecting persons or property or to
conduct investigations.
| 18 | | "Corporation" means an artificial person or legal entity | 19 | | created by or under
the
authority of the laws of a state, | 20 | | including without limitation a corporation,
limited liability | 21 | | company, or any other legal entity.
| 22 | | "Department" means the Department of Financial and
| 23 | | Professional Regulation.
| 24 | | "Emergency communication system" means any system that | 25 | | communicates information about emergencies, including but not | 26 | | limited to fire, terrorist activities, shootings, other |
| | | 10200HB0836ham001 | - 5 - | LRB102 11349 SPS 23289 a |
|
| 1 | | dangerous situations, accidents, and natural disasters. | 2 | | "Employee" means a person who works for a person or agency | 3 | | that has the
right to
control the details of the work performed | 4 | | and is not dependent upon whether or
not
federal or state | 5 | | payroll taxes are withheld.
| 6 | | "Fingerprint vendor" means a person that offers, | 7 | | advertises, or provides services to fingerprint individuals, | 8 | | through electronic or other means, for the purpose of | 9 | | providing fingerprint images and associated demographic data | 10 | | to the Department of State Police for processing fingerprint | 11 | | based criminal history record information inquiries. | 12 | | "Fingerprint vendor agency" means a person, firm, | 13 | | corporation, or other legal entity that engages in the | 14 | | fingerprint vendor business and employs, in addition to the | 15 | | fingerprint vendor licensee-in-charge, at least one other | 16 | | person in conducting that business. | 17 | | "Fingerprint vendor licensee-in-charge" means a person who | 18 | | has been designated by a fingerprint vendor agency to be the | 19 | | licensee-in-charge of an agency who is a full-time management | 20 | | employee or owner who assumes sole responsibility for | 21 | | maintaining all records required by this Act and who assumes | 22 | | sole responsibility for assuring the licensed agency's | 23 | | compliance with its responsibilities as stated in this Act. | 24 | | The Department shall adopt rules mandating licensee-in-charge | 25 | | participation in agency affairs.
| 26 | | "Fire alarm system" means any system that is activated by |
| | | 10200HB0836ham001 | - 6 - | LRB102 11349 SPS 23289 a |
|
| 1 | | an automatic or
manual device in the detection of smoke, heat, | 2 | | or fire that activates an
audible, visible, or
remote signal | 3 | | requiring a response.
| 4 | | "Firearm control card" means a card issued by the | 5 | | Department that
authorizes
the holder, who has complied with | 6 | | the training and other requirements of this Act, to carry a | 7 | | weapon during the performance of his or her duties as
| 8 | | specified in
this Act.
| 9 | | "Firm" means an unincorporated business entity, including | 10 | | but not limited to
proprietorships and partnerships.
| 11 | | "Licensee" means a person or business licensed under this | 12 | | Act. Anyone who holds himself or herself out as a licensee or | 13 | | who is accused of unlicensed practice is considered a licensee | 14 | | for purposes of enforcement, investigation, hearings, and the | 15 | | Illinois Administrative Procedure Act. | 16 | | "Locksmith" means
a person who engages in a business or | 17 | | holds himself out to the public as
providing a service that | 18 | | includes, but is not limited to, the servicing,
installing, | 19 | | originating first keys, re-coding, repairing, maintaining,
| 20 | | manipulating, or bypassing of a mechanical or electronic | 21 | | locking device, access
control or video surveillance system at | 22 | | premises, vehicles, safes, vaults, safe
deposit boxes, or | 23 | | automatic teller machines.
| 24 | | "Locksmith agency" means a person, firm, corporation, or | 25 | | other legal entity
that engages
in the
locksmith business and | 26 | | employs, in addition to the locksmith
licensee-in-charge, at |
| | | 10200HB0836ham001 | - 7 - | LRB102 11349 SPS 23289 a |
|
| 1 | | least
one other person in conducting such business.
| 2 | | "Locksmith licensee-in-charge" means a person who has been | 3 | | designated by
agency to be the licensee-in-charge of an | 4 | | agency,
who is a
full-time management employee or owner who | 5 | | assumes sole responsibility
for
maintaining all records | 6 | | required by this Act, and who assumes sole
responsibility for
| 7 | | assuring the licensed agency's compliance with its | 8 | | responsibilities as stated
in this Act. The Department shall | 9 | | adopt rules mandating licensee-in-charge
participation in | 10 | | agency affairs.
| 11 | | "Mass notification system" means any system that is used | 12 | | to provide information and instructions to people in a | 13 | | building or other space using voice communications, including | 14 | | visible signals, text, graphics, tactile, or other | 15 | | communication methods. | 16 | | "Peace officer" or "police officer" means a person who, by | 17 | | virtue of office
or
public
employment, is vested by law with a | 18 | | duty to maintain public order or to make
arrests for
offenses, | 19 | | whether that duty extends to all offenses or is limited to | 20 | | specific
offenses.
Officers, agents, or employees of the | 21 | | federal government commissioned by
federal
statute
to make | 22 | | arrests for violations of federal laws are considered peace | 23 | | officers.
| 24 | | "Permanent employee registration card" means a card issued | 25 | | by the Department
to an
individual who has applied to the | 26 | | Department and meets the requirements for
employment by a |
| | | 10200HB0836ham001 | - 8 - | LRB102 11349 SPS 23289 a |
|
| 1 | | licensed agency under this Act.
| 2 | | "Person" means a natural person.
| 3 | | "Private alarm contractor" means a person who engages in a | 4 | | business that
individually or through others undertakes, | 5 | | offers to undertake, purports to
have the
capacity to | 6 | | undertake, or submits a bid to sell, install, design, monitor, | 7 | | maintain, test, inspect,
alter, repair,
replace, or service | 8 | | alarm and other security-related systems or parts thereof,
| 9 | | including fire
alarm systems, at protected premises or | 10 | | premises to be protected or responds to
alarm
systems at a | 11 | | protected premises on an emergency basis and not as a | 12 | | full-time
security officer. "Private alarm contractor" does | 13 | | not include a person, firm,
or
corporation that
manufactures | 14 | | or sells alarm systems
only from its place of business and does | 15 | | not sell, install, monitor, maintain,
alter, repair, replace, | 16 | | service, or respond to alarm systems at protected
premises or | 17 | | premises to be protected.
| 18 | | "Private alarm contractor agency" means a person, | 19 | | corporation, or other
entity
that
engages in the private alarm | 20 | | contracting business and employs, in addition to
the private
| 21 | | alarm contractor-in-charge, at least one other person in | 22 | | conducting such
business.
| 23 | | "Private alarm contractor licensee-in-charge" means a | 24 | | person who has been
designated by an
agency to be the | 25 | | licensee-in-charge of an agency, who is a full-time management
| 26 | | employee or owner who
assumes sole
responsibility for |
| | | 10200HB0836ham001 | - 9 - | LRB102 11349 SPS 23289 a |
|
| 1 | | maintaining all records required by this Act, and who
assumes
| 2 | | sole
responsibility for assuring the licensed agency's | 3 | | compliance with its
responsibilities as
stated in this Act.
| 4 | | The Department shall adopt rules mandating licensee-in-charge | 5 | | participation in
agency affairs.
| 6 | | "Private detective" means any person who by any means, | 7 | | including, but not
limited to, manual, canine odor detection,
| 8 | | or electronic methods, engages in the business of, accepts
| 9 | | employment
to furnish, or agrees to make or makes | 10 | | investigations for a fee or other
consideration to
obtain | 11 | | information relating to:
| 12 | | (1) Crimes or wrongs done or threatened against the | 13 | | United States, any
state or
territory of the United | 14 | | States, or any local government of a state or
territory.
| 15 | | (2) The identity, habits, conduct, business | 16 | | occupation, honesty,
integrity,
credibility, knowledge, | 17 | | trustworthiness, efficiency, loyalty, activity,
| 18 | | movements, whereabouts, affiliations, associations, | 19 | | transactions, acts,
reputation, or character of any | 20 | | person, firm, or other entity by any means,
manual or | 21 | | electronic.
| 22 | | (3) The location, disposition, or recovery of lost or | 23 | | stolen property.
| 24 | | (4) The cause, origin, or responsibility for fires, | 25 | | accidents, or injuries
to
individuals or real or personal | 26 | | property.
|
| | | 10200HB0836ham001 | - 10 - | LRB102 11349 SPS 23289 a |
|
| 1 | | (5) The truth or falsity of any statement or | 2 | | representation.
| 3 | | (6) Securing evidence to be used before any court, | 4 | | board, or investigating
body.
| 5 | | (7) The protection of individuals from bodily harm or | 6 | | death (bodyguard
functions).
| 7 | | (8) Service of process in criminal and civil | 8 | | proceedings.
| 9 | | "Private detective agency" means a person, firm, | 10 | | corporation, or other legal
entity that engages
in the
private | 11 | | detective business and employs, in addition to the | 12 | | licensee-in-charge,
one or more
persons in conducting such | 13 | | business.
| 14 | | "Private detective licensee-in-charge" means a person who | 15 | | has been designated
by an agency
to be the licensee-in-charge | 16 | | of an
agency,
who is a full-time management employee or owner
| 17 | | who assumes sole
responsibility
for
maintaining all records | 18 | | required by this Act, and who assumes sole
responsibility
for | 19 | | assuring
the licensed agency's compliance with its | 20 | | responsibilities as stated in this
Act. The Department shall | 21 | | adopt rules mandating licensee-in-charge
participation in | 22 | | agency affairs.
| 23 | | "Private security contractor" means a person who engages | 24 | | in the business of
providing a private security officer, | 25 | | watchman, patrol, guard dog, canine odor detection, or a | 26 | | similar service by
any other
title or name on a contractual |
| | | 10200HB0836ham001 | - 11 - | LRB102 11349 SPS 23289 a |
|
| 1 | | basis for another person, firm, corporation, or
other entity
| 2 | | for a fee or other consideration and performing one or more of | 3 | | the following
functions:
| 4 | | (1) The prevention or detection of intrusion, entry, | 5 | | theft, vandalism,
abuse, fire,
or trespass on private or | 6 | | governmental property.
| 7 | | (2) The prevention, observation, or detection of any | 8 | | unauthorized activity
on
private or governmental property.
| 9 | | (3) The protection of persons authorized to be on the | 10 | | premises of the
person,
firm, or other entity for which | 11 | | the security contractor contractually provides
security | 12 | | services.
| 13 | | (4) The prevention of the misappropriation or | 14 | | concealment of goods, money,
bonds, stocks, notes, | 15 | | documents, or papers.
| 16 | | (5) The control, regulation, or direction of the | 17 | | movement of the public
for
the
time specifically required | 18 | | for the protection of property owned or controlled
by the | 19 | | client.
| 20 | | (6) The protection of individuals from bodily harm or | 21 | | death (bodyguard
functions).
| 22 | | "Private security contractor agency" means a person, firm, | 23 | | corporation, or
other legal entity that
engages in
the private | 24 | | security contractor business and that employs, in addition to | 25 | | the
licensee-in-charge, one or more persons in conducting such | 26 | | business.
|
| | | 10200HB0836ham001 | - 12 - | LRB102 11349 SPS 23289 a |
|
| 1 | | "Private security contractor licensee-in-charge" means a | 2 | | person who has been
designated by an agency to be the
| 3 | | licensee-in-charge of an
agency, who is a full-time management | 4 | | employee or owner
who assumes sole responsibility for | 5 | | maintaining all records required by this
Act, and who
assumes | 6 | | sole responsibility for assuring the licensed agency's | 7 | | compliance with
its
responsibilities as
stated in this Act. | 8 | | The Department shall adopt rules mandating
licensee-in-charge | 9 | | participation in agency affairs.
| 10 | | "Public member" means a person who is not a licensee or | 11 | | related to a
licensee, or who is not an employer or employee of | 12 | | a licensee. The term
"related to" shall be determined by the | 13 | | rules of the Department.
| 14 | | "Secretary" means the Secretary of the Department of | 15 | | Financial and Professional Regulation.
| 16 | | (Source: P.A. 98-253, eff. 8-9-13.)
| 17 | | (225 ILCS 447/15-25)
| 18 | | (Section scheduled to be repealed on January 1, 2024)
| 19 | | Sec. 15-25. Training; private detective and employees.
| 20 | | (a) Registered employees of a private detective agency
| 21 | | shall complete, within 30 days of their employment, a minimum
| 22 | | of 20 hours of basic training provided by a qualified | 23 | | instructor.
The substance of the training shall be related to | 24 | | the work
performed by the registered employee . The training | 25 | | may be classroom-based or online Internet-based but shall not |
| | | 10200HB0836ham001 | - 13 - | LRB102 11349 SPS 23289 a |
|
| 1 | | be conducted as on-the-job training and shall include relevant | 2 | | information as to the identification of terrorists, acts of | 3 | | terrorism, and terrorist organizations, as defined by federal | 4 | | and State statutes .
| 5 | | (a-5) In addition to the basic training required in | 6 | | subsection (a), registered employees of a private detective | 7 | | agency shall complete an additional minimum of 8 hours of | 8 | | annual training for every calendar year, commencing with the | 9 | | calendar year beginning after the employee's hire date. | 10 | | (a-10) Annual training for registered employees shall be | 11 | | based on subjects related to the work performed as determined | 12 | | by the employer and may be conducted in a classroom or seminar | 13 | | setting or via Internet-based online learning programs. Annual | 14 | | training may not be conducted as on-the-job training. | 15 | | (b) It is the responsibility of the employer to certify,
| 16 | | on a form provided by the Department, that the employee has
| 17 | | successfully completed the basic and annual training. The | 18 | | original form or a copy shall be a
permanent record of training | 19 | | completed by the employee and
shall be placed in the | 20 | | employee's file with the employer for
the period the employee | 21 | | remains with the employer. An agency
may place a notarized | 22 | | copy of the Department form in lieu of
the original into the | 23 | | permanent employee registration card
file. The original form | 24 | | or a copy shall be given to the employee when
his or her | 25 | | employment is terminated. Failure to return the
original form | 26 | | or a copy to the employee is grounds for disciplinary
action. |
| | | 10200HB0836ham001 | - 14 - | LRB102 11349 SPS 23289 a |
|
| 1 | | The employee shall not be required to repeat the
required | 2 | | training once the employee has been issued the form.
An | 3 | | employer may provide or require additional training.
| 4 | | (c) (Blank). Any certification of completion of the | 5 | | 20-hour basic
training issued under the Private Detective, | 6 | | Private Alarm,
Private Security, and Locksmith Act of 1993 or | 7 | | any prior Act
shall be accepted as proof of training under this | 8 | | Act.
| 9 | | (d) All private detectives shall complete a minimum of 8 | 10 | | hours of annual training on a topic of their choosing, | 11 | | provided that the subject matter is reasonably related to | 12 | | their private detective practice. The annual training for | 13 | | private detectives may be completed utilizing any combination | 14 | | of hours obtained in a classroom or seminar setting or via | 15 | | Internet-based online learning programs. The Department shall | 16 | | adopt rules to administer this subsection. | 17 | | (e) The annual training requirements for private | 18 | | detectives shall not apply until the calendar year following | 19 | | the issuance of the private detective license. | 20 | | (f) It shall be the responsibility of the private | 21 | | detective to keep and maintain a personal log of all training | 22 | | hours earned along with sufficient documentation for the | 23 | | Department to verify the annual training completed for at | 24 | | least 5 years. The personal training log and documentation | 25 | | shall be provided to the Department in the same manner as other | 26 | | documentation and records required under this Act. |
| | | 10200HB0836ham001 | - 15 - | LRB102 11349 SPS 23289 a |
|
| 1 | | (g) If the private detective owns or is employed by a | 2 | | private detective agency, the private detective agency shall | 3 | | maintain a record of the annual training. The private | 4 | | detective agency must make the record of annual training | 5 | | available to the Department upon request. | 6 | | (h) Recognizing the diverse professional practices of | 7 | | private detectives licensed under this Act, it is the intent | 8 | | of the training requirements in this Section to allow for a | 9 | | broad interpretation of the coursework, seminar subjects, or | 10 | | class topics to be considered reasonably related to the | 11 | | practice of any profession licensed under this Act. | 12 | | (i) Notwithstanding any other professional license a | 13 | | private detective holds under this Act, no more than 8 hours of | 14 | | annual training shall be required for any one year. | 15 | | (Source: P.A. 95-613, eff. 9-11-07 .)
| 16 | | (225 ILCS 447/20-20)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 20-20. Training; private alarm contractor and
| 19 | | employees. | 20 | | (a) Registered employees of the private alarm contractor
| 21 | | agency who carry a firearm and respond to alarm systems shall
| 22 | | complete, within 30 days of their employment, a minimum of 20
| 23 | | hours of classroom training provided by a qualified instructor
| 24 | | and shall include all of the following subjects:
| 25 | | (1) The law regarding arrest and search and seizure
as |
| | | 10200HB0836ham001 | - 16 - | LRB102 11349 SPS 23289 a |
|
| 1 | | it applies to the private alarm industry.
| 2 | | (2) Civil and criminal liability for acts related
to | 3 | | the private alarm industry.
| 4 | | (3) The use of force, including but not limited to
the | 5 | | use of nonlethal force (i.e., disabling spray, baton,
| 6 | | stungun, or similar weapon).
| 7 | | (4) Arrest and control techniques.
| 8 | | (5) The offenses under the Criminal Code of 2012
that | 9 | | are directly related to the protection of persons and
| 10 | | property.
| 11 | | (6) The law on private alarm forces and on
reporting | 12 | | to law enforcement agencies.
| 13 | | (7) Fire prevention, fire equipment, and fire
safety.
| 14 | | (8) Civil rights and public relations.
| 15 | | (9) The identification of terrorists, acts of | 16 | | terrorism, and terrorist organizations, as defined by | 17 | | federal and State statutes.
| 18 | | Pursuant to directives set forth by the U.S. Department of | 19 | | Homeland Security and the provisions set forth by the National | 20 | | Fire Protection Association in the National Fire Alarm Code | 21 | | and the Life Safety Code, training may include the | 22 | | installation, repair, and maintenance of emergency | 23 | | communication systems and mass notification systems. | 24 | | (b) All other employees of a private alarm contractor
| 25 | | agency shall complete a minimum of 20 hours of basic training
| 26 | | provided by a qualified instructor within 30 days of their
|
| | | 10200HB0836ham001 | - 17 - | LRB102 11349 SPS 23289 a |
|
| 1 | | employment. The training may be provided in a classroom or | 2 | | seminar setting or via Internet-based online learning | 3 | | programs. The substance of the training shall be related to
| 4 | | the work performed by the registered employee.
| 5 | | (c) It is the responsibility of the employer to certify,
| 6 | | on forms provided by the Department, that the employee
has | 7 | | successfully completed the training. The original form or a | 8 | | copy shall be a
permanent record of training completed by the | 9 | | employee and
shall be placed in the employee's file with the | 10 | | employer for
the term the employee is retained by the
| 11 | | employer. A private alarm contractor agency may place a
| 12 | | notarized copy of the Department form in lieu of the original
| 13 | | into the permanent employee registration card file. The | 14 | | original
form or a copy shall be returned to the employee when | 15 | | his
or her employment is terminated. Failure to return the | 16 | | original
form or a copy to the employee is grounds for | 17 | | discipline. The employee shall not be
required to
complete the | 18 | | training required under this Act
once the employee has been | 19 | | issued a form.
| 20 | | (d) Nothing in this Act prevents any employer from
| 21 | | providing or requiring additional training beyond the required
| 22 | | 20 hours that the employer feels is necessary and appropriate
| 23 | | for competent job performance.
| 24 | | (e) Any certification of completion of the 20-hour
basic | 25 | | training issued under the Private Detective, Private
Alarm, | 26 | | Private Security, and Locksmith Act of 1993 or any
prior Act |
| | | 10200HB0836ham001 | - 18 - | LRB102 11349 SPS 23289 a |
|
| 1 | | shall be accepted as proof of training under this
Act.
| 2 | | (Source: P.A. 96-847, eff. 6-1-10; 97-1150, eff. 1-25-13 .)
| 3 | | (225 ILCS 447/25-20)
| 4 | | (Section scheduled to be repealed on January 1, 2024)
| 5 | | Sec. 25-20. Training; private security contractor and
| 6 | | employees. | 7 | | (a) Registered employees of the private security
| 8 | | contractor agency who provide traditional guarding or other
| 9 | | private security related functions or who respond to alarm
| 10 | | systems shall complete, within 30 days of their employment, a
| 11 | | minimum of 20 hours of classroom basic training , which may be | 12 | | provided in a classroom or seminar setting or via | 13 | | Internet-based online learning programs, and shall be provided | 14 | | by a
qualified instructor, which shall include the following
| 15 | | subjects:
| 16 | | (1) The law regarding arrest and search and seizure
as | 17 | | it applies to private security.
| 18 | | (2) Civil and criminal liability for acts related
to | 19 | | private security.
| 20 | | (3) The use of force, including but not limited to
the | 21 | | use of nonlethal force (i.e., disabling spray, baton,
| 22 | | stungun , taser, or similar weapon).
| 23 | | (4) Verbal communication skills Arrest and control | 24 | | techniques .
| 25 | | (5) The offenses under the Criminal Code of 2012
that |
| | | 10200HB0836ham001 | - 19 - | LRB102 11349 SPS 23289 a |
|
| 1 | | are directly related to the protection of persons and
| 2 | | property.
| 3 | | (6) Private security officers and the criminal justice | 4 | | system The law on private security forces and on
reporting | 5 | | to law enforcement agencies .
| 6 | | (7) Fire prevention, fire equipment, and fire
safety.
| 7 | | (8) Report The procedures for
report writing and | 8 | | observation techniques .
| 9 | | (9) Customer service, civil Civil rights , and public | 10 | | relations.
| 11 | | (10) The identification of terrorists, acts of | 12 | | terrorism, and terrorist organizations, as defined by | 13 | | federal and State statutes.
| 14 | | (b) All other employees of a private security contractor
| 15 | | agency shall complete a minimum of 20 hours of basic training
| 16 | | provided by the qualified instructor within 30 days of their
| 17 | | employment. The training may be provided in a classroom or | 18 | | seminar setting or via Internet-based online learning | 19 | | programs. The substance of the training shall be related to
| 20 | | the work performed by the registered employee.
| 21 | | (c) Registered employees of the private security | 22 | | contractor agency who
provide
guarding or other private | 23 | | security related functions, in addition to the basic
classroom | 24 | | training
required under subsection (a), within 6 months of | 25 | | their employment,
shall complete
an additional 8 hours of | 26 | | training on subjects to be determined by the
employer, which
|
| | | 10200HB0836ham001 | - 20 - | LRB102 11349 SPS 23289 a |
|
| 1 | | training may be site-specific and may be conducted on the job. | 2 | | The training may be provided in a classroom or seminar setting | 3 | | or via Internet-based online learning programs.
| 4 | | (d) In addition to the basic training provided for in | 5 | | subsections (a) and
(c),
registered employees of the private | 6 | | security contractor agency who provide
guarding or other
| 7 | | private security related functions
shall complete an
| 8 | | additional
8 hours of refresher training on subjects to be | 9 | | determined by the
employer
each calendar year commencing with | 10 | | the
calendar year
following the employee's first employment | 11 | | anniversary date,
which
refresher training may be | 12 | | site-specific and may be conducted on the job.
| 13 | | (e) It is the responsibility of the employer to certify,
| 14 | | on a form provided by the Department, that the employee has
| 15 | | successfully completed the basic and refresher training. The | 16 | | original
form or a copy shall be a permanent record of training | 17 | | completed by the
employee and shall be placed in the | 18 | | employee's file with the
employer for the period the employee | 19 | | remains with the
employer. An agency may place a notarized | 20 | | copy of the
Department form in lieu of the original into the | 21 | | permanent
employee registration card file. The original form | 22 | | or a copy shall be
given to the employee when his or her | 23 | | employment is
terminated. Failure to return the original form | 24 | | or a copy to the
employee is grounds for disciplinary action. | 25 | | The employee
shall not be required to repeat the required | 26 | | training once the
employee has been issued the form. An |
| | | 10200HB0836ham001 | - 21 - | LRB102 11349 SPS 23289 a |
|
| 1 | | employer may provide or
require additional training.
| 2 | | (f) (Blank). Any certification of completion of the | 3 | | 20-hour basic
training issued under the Private Detective, | 4 | | Private Alarm,
Private Security and Locksmith Act of 1993 or | 5 | | any prior Act
shall be accepted as proof of training under this | 6 | | Act.
| 7 | | (g) All private security contractors shall complete a | 8 | | minimum of 4 hours of annual training on a topic of their | 9 | | choosing, provided that the subject matter of the training is | 10 | | reasonably related to their private security contractor | 11 | | practice. The training may be provided in a classroom setting | 12 | | or seminar setting or via Internet-based online learning | 13 | | programs. The Department shall adopt rules to administer this | 14 | | subsection. | 15 | | (h) It shall be the responsibility of the private security | 16 | | contractor to keep and maintain a personal log of all training | 17 | | hours earned along with sufficient documentation necessary for | 18 | | the Department to verify the annual training completed for at | 19 | | least 5 years. The personal training log and documentation | 20 | | shall be provided to the Department in the same manner as other | 21 | | documentation and records required under this Act. | 22 | | (i) If the private security contractor owns or is employed | 23 | | by a private security contractor agency, the private security | 24 | | contractor agency shall maintain a record of the annual | 25 | | training. The private security contractor agency must make the | 26 | | record of annual training available to the Department upon |
| | | 10200HB0836ham001 | - 22 - | LRB102 11349 SPS 23289 a |
|
| 1 | | request. | 2 | | (j) Recognizing the diverse professional practices of | 3 | | private security contractors licensed under this Act, it is | 4 | | the intent of the training requirements in this Section to | 5 | | allow for a broad interpretation of the coursework, seminar | 6 | | subjects, or class topics to be considered reasonably related | 7 | | to the practice of any profession licensed under this Act. | 8 | | (k) Notwithstanding any other professional license a | 9 | | private security contractor holds under this Act, no more than | 10 | | 4 hours of annual training shall be required for any one year. | 11 | | (l) The annual training requirements for private security | 12 | | contractors shall not apply until the calendar year following | 13 | | the issuance of the private security contractor license. | 14 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13; | 15 | | 98-756, eff. 7-16-14.)
| 16 | | (225 ILCS 447/35-40)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 35-40. Firearm control; training requirements.
| 19 | | (a) The Department shall, pursuant to rule, approve or
| 20 | | disapprove training programs for the firearm training course,
| 21 | | which shall be taught by a qualified instructor.
| 22 | | Qualifications for instructors shall be set by rule. The
| 23 | | firearm training course shall be conducted by entities, by a
| 24 | | licensee, or by an agency licensed by this Act, provided the
| 25 | | course is approved by the Department. The firearm course
shall |
| | | 10200HB0836ham001 | - 23 - | LRB102 11349 SPS 23289 a |
|
| 1 | | consist of the following minimum requirements:
| 2 | | (1) 48 40 hours of training as follows: , | 3 | | (A) 20 hours consisting of training which shall
be | 4 | | as described in Sections 15-20, 20-20, or 25-20, as
| 5 | | applicable ; , and 20 hours of which shall include all | 6 | | of the
following:
| 7 | | (B) 8 hours consisting of practice firing on a | 8 | | range with live ammunition, including, but not limited | 9 | | to, firing a minimum of 50 rounds of live ammunition | 10 | | (factory loaded service ammunition or factory reloaded | 11 | | ammunition) and attaining a minimum score of 70% | 12 | | accuracy with each type of weapon the person is | 13 | | authorized by the Department to carry and for which | 14 | | the person has been trained; and
| 15 | | (C) 20 hours consisting of instruction in: (A) | 16 | | Instruction in | 17 | | (i) the dangers of and misuse
of firearms, | 18 | | their storage, safety rules, and care and
cleaning | 19 | | of firearms ; | 20 | | (ii) defensive tactics for in-holster weapon | 21 | | retention; | 22 | | (iii) .
(B) Practice firing on a range with | 23 | | live
ammunition.
(C) Instruction in the legal use | 24 | | of firearms ; | 25 | | (iv) .
(D) A presentation of the ethical and | 26 | | moral
considerations necessary for any person who |
| | | 10200HB0836ham001 | - 24 - | LRB102 11349 SPS 23289 a |
|
| 1 | | possesses a
firearm ; | 2 | | (v) .
(E) A review of the laws regarding | 3 | | arrest,
search, and seizure ; and | 4 | | (vi) liability .
(F) Liability for acts that | 5 | | may be performed
in the course of employment.
| 6 | | (2) An examination shall be given at the completion
of | 7 | | the course. The examination shall consist of a firearms
| 8 | | qualification course and a written examination. Successful
| 9 | | completion shall be determined by the Department.
| 10 | | (b) The firearm training requirement may be waived for a | 11 | | licensee or
employee who has completed training provided by | 12 | | the
Illinois Law Enforcement Training Standards Board or the
| 13 | | equivalent public body of another state or is a qualified | 14 | | retired law enforcement officer as defined in the federal Law | 15 | | Enforcement Officers Safety Act of 2004 and is in compliance | 16 | | with all of the requirements of that Act, provided
| 17 | | documentation showing requalification with the weapon on the
| 18 | | firing range is submitted to the Department.
| 19 | | (c) In addition to the training provided for in subsection | 20 | | (a), a licensee or employee in possession of a valid firearm | 21 | | control card shall complete an additional 8 hours of refresher | 22 | | training each calendar year commencing with the calendar year | 23 | | following one year after the date of the issuance of the | 24 | | firearm control card. The 8 hours of training shall consist of | 25 | | practice firing on a range with live ammunition, including, | 26 | | but not limited to, firing a minimum of 50 rounds of live |
| | | 10200HB0836ham001 | - 25 - | LRB102 11349 SPS 23289 a |
|
| 1 | | ammunition (factory loaded service ammunition or factory | 2 | | reloaded ammunition) and attaining a minimum score of 70% | 3 | | accuracy with each type of weapon the person is authorized by | 4 | | the Department to carry and for which the person has been | 5 | | trained. | 6 | | (Source: P.A. 98-253, eff. 8-9-13.)
| 7 | | (225 ILCS 447/35-45)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 35-45. Armed proprietary security force.
| 10 | | (a) All financial institutions or commercial or industrial | 11 | | operations that employ one or more
armed employees and all | 12 | | commercial or
industrial operations that employ 5 or more | 13 | | persons as armed
employees shall register their security | 14 | | forces
with the Department on forms provided by the | 15 | | Department. Registration subjects the security force to all of | 16 | | the requirements of Section 35-40. For the purposes of this | 17 | | Section,
"financial institution" includes a bank, savings and | 18 | | loan
association, credit union, currency exchange, or company
| 19 | | providing armored car services. | 20 | | (a-1) Commercial or industrial operations that employ less
| 21 | | than 5 persons as armed employees may register their security
| 22 | | forces with the Department on forms provided by the
| 23 | | Department. Registration subjects the security force to all
of | 24 | | the requirements of this Section.
| 25 | | (b) All armed employees of the registered
proprietary |
| | | 10200HB0836ham001 | - 26 - | LRB102 11349 SPS 23289 a |
|
| 1 | | security force must complete a 20-hour basic
training course | 2 | | and all the 20-hour firearm training requirements of Section | 3 | | 35-40 .
| 4 | | (c) Every proprietary security force is required to
apply | 5 | | to the Department, on forms supplied by the Department,
for a | 6 | | firearm control card for each armed employee. Each armed
| 7 | | employee shall have his or her fingerprints submitted to the
| 8 | | Department of State Police in an electronic format that
| 9 | | complies with the form and manner for requesting and
| 10 | | furnishing criminal history record information as prescribed
| 11 | | by the Department of State Police. These fingerprints shall be
| 12 | | checked against the Department of State Police and Federal
| 13 | | Bureau of Investigation criminal history record databases. The | 14 | | Department of State Police shall
charge the armed employee a | 15 | | fee for conducting the criminal
history records check, which | 16 | | shall be deposited in the State
Police Services Fund and shall | 17 | | not exceed the actual cost of
the records check. The | 18 | | Department of State Police shall
furnish, pursuant to positive | 19 | | identification, records of
Illinois convictions to the | 20 | | Department. The Department may
require armed employees to pay | 21 | | a separate fingerprinting fee,
either to the Department or | 22 | | directly to the vendor. The
Department, in its discretion, may | 23 | | allow an armed employee who
does not have reasonable access to | 24 | | a designated vendor to
provide his or her fingerprints in an | 25 | | alternative manner. The
Department, in its discretion, may | 26 | | also use other procedures
in performing or obtaining criminal |
| | | 10200HB0836ham001 | - 27 - | LRB102 11349 SPS 23289 a |
|
| 1 | | background checks of armed
employees. Instead of submitting | 2 | | his or her fingerprints, an
individual may submit proof that | 3 | | is satisfactory to the
Department that an equivalent security | 4 | | clearance has been
conducted. Also, an individual who has | 5 | | retired as a peace
officer within 12 months before application | 6 | | may submit
verification, on forms provided by the Department | 7 | | and signed
by his or her employer, of his or her previous | 8 | | full-time
employment as a peace officer.
| 9 | | (d) The Department may provide rules for the
| 10 | | administration of this Section.
| 11 | | (Source: P.A. 98-253, eff. 8-9-13.)
| 12 | | Section 10. The Criminal Code of 2012 is amended by | 13 | | changing Section 24-2 as follows:
| 14 | | (720 ILCS 5/24-2)
| 15 | | Sec. 24-2. Exemptions.
| 16 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 17 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 18 | | the following:
| 19 | | (1) Peace officers, and any person summoned by a peace | 20 | | officer to
assist in making arrests or preserving the | 21 | | peace, while actually engaged in
assisting such officer.
| 22 | | (2) Wardens, superintendents and keepers of prisons,
| 23 | | penitentiaries, jails and other institutions for the | 24 | | detention of persons
accused or convicted of an offense, |
| | | 10200HB0836ham001 | - 28 - | LRB102 11349 SPS 23289 a |
|
| 1 | | while in the performance of their
official duty, or while | 2 | | commuting between their homes and places of employment.
| 3 | | (3) Members of the Armed Services or Reserve Forces of | 4 | | the United States
or the Illinois National Guard or the | 5 | | Reserve Officers Training Corps,
while in the performance | 6 | | of their official duty.
| 7 | | (4) Special agents employed by a railroad or a public | 8 | | utility to
perform police functions, and guards of armored | 9 | | car companies, while
actually engaged in the performance | 10 | | of the duties of their employment or
commuting between | 11 | | their homes and places of employment; and watchmen
while | 12 | | actually engaged in the performance of the duties of their | 13 | | employment.
| 14 | | (5) Persons licensed as private security contractors, | 15 | | private
detectives, or private alarm contractors, or | 16 | | employed by a private security contractor, private | 17 | | detective, or private alarm contractor agency licensed
by | 18 | | the Department of Financial and Professional Regulation, | 19 | | if their duties
include the carrying of a weapon under the | 20 | | provisions of the Private
Detective, Private Alarm,
| 21 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 22 | | 2004,
while actually
engaged in the performance of the | 23 | | duties of their employment or commuting
between their | 24 | | homes and places of employment. A person shall be | 25 | | considered eligible for this
exemption if he or she has | 26 | | completed the required 20
hours of training for a private |
| | | 10200HB0836ham001 | - 29 - | LRB102 11349 SPS 23289 a |
|
| 1 | | security contractor, private
detective, or private alarm | 2 | | contractor, or employee of a licensed private security | 3 | | contractor, private detective, or private alarm contractor | 4 | | agency and 28 20 hours of required firearm
training, and | 5 | | has been issued a firearm control card by
the Department | 6 | | of Financial and Professional Regulation. Conditions for | 7 | | the renewal of
firearm control cards issued under the | 8 | | provisions of this Section
shall be the same as for those | 9 | | cards issued under the provisions of the
Private | 10 | | Detective, Private Alarm,
Private Security, Fingerprint | 11 | | Vendor, and Locksmith Act of 2004. The
firearm control | 12 | | card shall be carried by the private security contractor, | 13 | | private
detective, or private alarm contractor, or | 14 | | employee of the licensed private security contractor, | 15 | | private detective, or private alarm contractor agency at | 16 | | all
times when he or she is in possession of a concealable | 17 | | weapon permitted by his or her firearm control card.
| 18 | | (6) Any person regularly employed in a commercial or | 19 | | industrial
operation as a security guard for the | 20 | | protection of persons employed
and private property | 21 | | related to such commercial or industrial
operation, while | 22 | | actually engaged in the performance of his or her
duty or | 23 | | traveling between sites or properties belonging to the
| 24 | | employer, and who, as a security guard, is a member of a | 25 | | security force registered with the Department of Financial | 26 | | and Professional
Regulation; provided that such security |
| | | 10200HB0836ham001 | - 30 - | LRB102 11349 SPS 23289 a |
|
| 1 | | guard has successfully completed a
course of study, | 2 | | approved by and supervised by the Department of
Financial | 3 | | and Professional Regulation, consisting of not less than | 4 | | 48 40 hours of training
that includes the theory of law | 5 | | enforcement, liability for acts, and the
handling of | 6 | | weapons. A person shall be considered eligible for this
| 7 | | exemption if he or she has completed the required 20
hours | 8 | | of training for a security officer and 28 20 hours of | 9 | | required firearm
training, and has been issued a firearm | 10 | | control card by
the Department of Financial and | 11 | | Professional Regulation. Conditions for the renewal of
| 12 | | firearm control cards issued under the provisions of this | 13 | | Section
shall be the same as for those cards issued under | 14 | | the provisions of the
Private Detective, Private Alarm,
| 15 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 16 | | 2004. The
firearm control card shall be carried by the | 17 | | security guard at all
times when he or she is in possession | 18 | | of a concealable weapon permitted by his or her firearm | 19 | | control card.
| 20 | | (7) Agents and investigators of the Illinois | 21 | | Legislative Investigating
Commission authorized by the | 22 | | Commission to carry the weapons specified in
subsections | 23 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 24 | | any investigation for the Commission.
| 25 | | (8) Persons employed by a financial institution as a | 26 | | security guard for the protection of
other employees and |
| | | 10200HB0836ham001 | - 31 - | LRB102 11349 SPS 23289 a |
|
| 1 | | property related to such financial institution, while
| 2 | | actually engaged in the performance of their duties, | 3 | | commuting between
their homes and places of employment, or | 4 | | traveling between sites or
properties owned or operated by | 5 | | such financial institution, and who, as a security guard, | 6 | | is a member of a security force registered with the | 7 | | Department; provided that
any person so employed has | 8 | | successfully completed a course of study,
approved by and | 9 | | supervised by the Department of Financial and Professional | 10 | | Regulation,
consisting of not less than 48 40 hours of | 11 | | training which includes theory of
law enforcement, | 12 | | liability for acts, and the handling of weapons.
A person | 13 | | shall be considered to be eligible for this exemption if | 14 | | he or
she has completed the required 20 hours of training | 15 | | for a security officer
and 28 20 hours of required firearm | 16 | | training, and has been issued a
firearm control card by | 17 | | the Department of Financial and Professional Regulation.
| 18 | | Conditions for renewal of firearm control cards issued | 19 | | under the
provisions of this Section shall be the same as | 20 | | for those issued under the
provisions of the Private | 21 | | Detective, Private Alarm,
Private Security, Fingerprint | 22 | | Vendor, and Locksmith Act of 2004. The
firearm control | 23 | | card shall be carried by the security guard at all times | 24 | | when he or she is in possession of a concealable
weapon | 25 | | permitted by his or her firearm control card. For purposes | 26 | | of this subsection, "financial institution" means a
bank, |
| | | 10200HB0836ham001 | - 32 - | LRB102 11349 SPS 23289 a |
|
| 1 | | savings and loan association, credit union or company | 2 | | providing
armored car services.
| 3 | | (9) Any person employed by an armored car company to | 4 | | drive an armored
car, while actually engaged in the | 5 | | performance of his duties.
| 6 | | (10) Persons who have been classified as peace | 7 | | officers pursuant
to the Peace Officer Fire Investigation | 8 | | Act.
| 9 | | (11) Investigators of the Office of the State's | 10 | | Attorneys Appellate
Prosecutor authorized by the board of | 11 | | governors of the Office of the
State's Attorneys Appellate | 12 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 13 | | the State's Attorneys Appellate Prosecutor's Act.
| 14 | | (12) Special investigators appointed by a State's | 15 | | Attorney under
Section 3-9005 of the Counties Code.
| 16 | | (12.5) Probation officers while in the performance of | 17 | | their duties, or
while commuting between their homes, | 18 | | places of employment or specific locations
that are part | 19 | | of their assigned duties, with the consent of the chief | 20 | | judge of
the circuit for which they are employed, if they | 21 | | have received weapons training according
to requirements | 22 | | of the Peace Officer and Probation Officer Firearm | 23 | | Training Act.
| 24 | | (13) Court Security Officers while in the performance | 25 | | of their official
duties, or while commuting between their | 26 | | homes and places of employment, with
the
consent of the |
| | | 10200HB0836ham001 | - 33 - | LRB102 11349 SPS 23289 a |
|
| 1 | | Sheriff.
| 2 | | (13.5) A person employed as an armed security guard at | 3 | | a nuclear energy,
storage, weapons or development site or | 4 | | facility regulated by the Nuclear
Regulatory Commission | 5 | | who has completed the background screening and training
| 6 | | mandated by the rules and regulations of the Nuclear | 7 | | Regulatory Commission.
| 8 | | (14) Manufacture, transportation, or sale of weapons | 9 | | to
persons
authorized under subdivisions (1) through | 10 | | (13.5) of this
subsection
to
possess those weapons.
| 11 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 12 | | to
or affect any person carrying a concealed pistol, revolver, | 13 | | or handgun and the person has been issued a currently valid | 14 | | license under the Firearm Concealed Carry Act at the time of | 15 | | the commission of the offense. | 16 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 17 | | to
or affect a qualified current or retired law enforcement | 18 | | officer qualified under the laws of this State or under the | 19 | | federal Law Enforcement Officers Safety Act. | 20 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 21 | | 24-1.6 do not
apply to or affect
any of the following:
| 22 | | (1) Members of any club or organization organized for | 23 | | the purpose of
practicing shooting at targets upon | 24 | | established target ranges, whether
public or private, and | 25 | | patrons of such ranges, while such members
or patrons are | 26 | | using their firearms on those target ranges.
|
| | | 10200HB0836ham001 | - 34 - | LRB102 11349 SPS 23289 a |
|
| 1 | | (2) Duly authorized military or civil organizations | 2 | | while parading,
with the special permission of the | 3 | | Governor.
| 4 | | (3) Hunters, trappers or fishermen with a license or
| 5 | | permit while engaged in hunting,
trapping or fishing.
| 6 | | (4) Transportation of weapons that are broken down in | 7 | | a
non-functioning state or are not immediately accessible.
| 8 | | (5) Carrying or possessing any pistol, revolver, stun | 9 | | gun or taser or other firearm on the land or in the legal | 10 | | dwelling of another person as an invitee with that | 11 | | person's permission. | 12 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 13 | | of the
following:
| 14 | | (1) Peace officers while in performance of their | 15 | | official duties.
| 16 | | (2) Wardens, superintendents and keepers of prisons, | 17 | | penitentiaries,
jails and other institutions for the | 18 | | detention of persons accused or
convicted of an offense.
| 19 | | (3) Members of the Armed Services or Reserve Forces of | 20 | | the United States
or the Illinois National Guard, while in | 21 | | the performance of their official
duty.
| 22 | | (4) Manufacture, transportation, or sale of machine | 23 | | guns to persons
authorized under subdivisions (1) through | 24 | | (3) of this subsection to
possess machine guns, if the | 25 | | machine guns are broken down in a
non-functioning state or | 26 | | are not immediately accessible.
|
| | | 10200HB0836ham001 | - 35 - | LRB102 11349 SPS 23289 a |
|
| 1 | | (5) Persons licensed under federal law to manufacture | 2 | | any weapon from
which 8 or more shots or bullets can be | 3 | | discharged by a
single function of the firing device, or | 4 | | ammunition for such weapons, and
actually engaged in the | 5 | | business of manufacturing such weapons or
ammunition, but | 6 | | only with respect to activities which are within the | 7 | | lawful
scope of such business, such as the manufacture, | 8 | | transportation, or testing
of such weapons or ammunition. | 9 | | This exemption does not authorize the
general private | 10 | | possession of any weapon from which 8 or more
shots or | 11 | | bullets can be discharged by a single function of the | 12 | | firing
device, but only such possession and activities as | 13 | | are within the lawful
scope of a licensed manufacturing | 14 | | business described in this paragraph.
| 15 | | During transportation, such weapons shall be broken | 16 | | down in a
non-functioning state or not immediately | 17 | | accessible.
| 18 | | (6) The manufacture, transport, testing, delivery, | 19 | | transfer or sale,
and all lawful commercial or | 20 | | experimental activities necessary thereto, of
rifles, | 21 | | shotguns, and weapons made from rifles or shotguns,
or | 22 | | ammunition for such rifles, shotguns or weapons, where | 23 | | engaged in
by a person operating as a contractor or | 24 | | subcontractor pursuant to a
contract or subcontract for | 25 | | the development and supply of such rifles,
shotguns, | 26 | | weapons or ammunition to the United States government or |
| | | 10200HB0836ham001 | - 36 - | LRB102 11349 SPS 23289 a |
|
| 1 | | any
branch of the Armed Forces of the United States, when | 2 | | such activities are
necessary and incident to fulfilling | 3 | | the terms of such contract.
| 4 | | The exemption granted under this subdivision (c)(6)
| 5 | | shall also apply to any authorized agent of any such | 6 | | contractor or
subcontractor who is operating within the | 7 | | scope of his employment, where
such activities involving | 8 | | such weapon, weapons or ammunition are necessary
and | 9 | | incident to fulfilling the terms of such contract.
| 10 | | (7) A person possessing a rifle with a barrel or | 11 | | barrels less than 16 inches in length if: (A) the person | 12 | | has been issued a Curios and Relics license from the U.S. | 13 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 14 | | (B) the person is an active member of a bona fide, | 15 | | nationally recognized military re-enacting group and the | 16 | | modification is required and necessary to accurately | 17 | | portray the weapon for historical re-enactment purposes; | 18 | | the re-enactor is in possession of a valid and current | 19 | | re-enacting group membership credential; and the overall | 20 | | length of the weapon as modified is not less than 26 | 21 | | inches. | 22 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 23 | | possession
or carrying of a black-jack or slung-shot by a | 24 | | peace officer.
| 25 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 26 | | manager or
authorized employee of any place specified in that |
| | | 10200HB0836ham001 | - 37 - | LRB102 11349 SPS 23289 a |
|
| 1 | | subsection nor to any
law enforcement officer.
| 2 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 3 | | Section 24-1.6
do not apply
to members of any club or | 4 | | organization organized for the purpose of practicing
shooting | 5 | | at targets upon established target ranges, whether public or | 6 | | private,
while using their firearms on those target ranges.
| 7 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 8 | | to:
| 9 | | (1) Members of the Armed Services or Reserve Forces of | 10 | | the United
States or the Illinois National Guard, while in | 11 | | the performance of their
official duty.
| 12 | | (2) Bonafide collectors of antique or surplus military | 13 | | ordnance.
| 14 | | (3) Laboratories having a department of forensic | 15 | | ballistics, or
specializing in the development of | 16 | | ammunition or explosive ordnance.
| 17 | | (4) Commerce, preparation, assembly or possession of | 18 | | explosive
bullets by manufacturers of ammunition licensed | 19 | | by the federal government,
in connection with the supply | 20 | | of those organizations and persons exempted
by subdivision | 21 | | (g)(1) of this Section, or like organizations and persons
| 22 | | outside this State, or the transportation of explosive | 23 | | bullets to any
organization or person exempted in this | 24 | | Section by a common carrier or by a
vehicle owned or leased | 25 | | by an exempted manufacturer.
| 26 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect |
| | | 10200HB0836ham001 | - 38 - | LRB102 11349 SPS 23289 a |
|
| 1 | | persons licensed
under federal law to manufacture any device | 2 | | or attachment of any kind designed,
used, or intended for use | 3 | | in silencing the report of any firearm, firearms, or
| 4 | | ammunition
for those firearms equipped with those devices, and | 5 | | actually engaged in the
business of manufacturing those | 6 | | devices, firearms, or ammunition, but only with
respect to
| 7 | | activities that are within the lawful scope of that business, | 8 | | such as the
manufacture, transportation, or testing of those | 9 | | devices, firearms, or
ammunition. This
exemption does not | 10 | | authorize the general private possession of any device or
| 11 | | attachment of any kind designed, used, or intended for use in | 12 | | silencing the
report of any firearm, but only such possession | 13 | | and activities as are within
the
lawful scope of a licensed | 14 | | manufacturing business described in this subsection
(g-5). | 15 | | During transportation, these devices shall be detached from | 16 | | any weapon
or
not immediately accessible.
| 17 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 18 | | 24-1.6 do not apply to
or affect any parole agent or parole | 19 | | supervisor who meets the qualifications and conditions | 20 | | prescribed in Section 3-14-1.5 of the Unified Code of | 21 | | Corrections. | 22 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 23 | | officer while serving as a member of a tactical response team | 24 | | or special operations team. A peace officer may not personally | 25 | | own or apply for ownership of a device or attachment of any | 26 | | kind designed, used, or intended for use in silencing the |
| | | 10200HB0836ham001 | - 39 - | LRB102 11349 SPS 23289 a |
|
| 1 | | report of any firearm. These devices shall be owned and | 2 | | maintained by lawfully recognized units of government whose | 3 | | duties include the investigation of criminal acts. | 4 | | (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and | 5 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 6 | | athlete's possession, transport on official Olympic and | 7 | | Paralympic transit systems established for athletes, or use of | 8 | | competition firearms sanctioned by the International Olympic | 9 | | Committee, the International Paralympic Committee, the | 10 | | International Shooting Sport Federation, or USA Shooting in | 11 | | connection with such athlete's training for and participation | 12 | | in shooting competitions at the 2016 Olympic and Paralympic | 13 | | Games and sanctioned test events leading up to the 2016 | 14 | | Olympic and Paralympic Games. | 15 | | (h) An information or indictment based upon a violation of | 16 | | any
subsection of this Article need not negative any | 17 | | exemptions contained in
this Article. The defendant shall have | 18 | | the burden of proving such an
exemption.
| 19 | | (i) Nothing in this Article shall prohibit, apply to, or | 20 | | affect
the transportation, carrying, or possession, of any | 21 | | pistol or revolver,
stun gun, taser, or other firearm | 22 | | consigned to a common carrier operating
under license of the | 23 | | State of Illinois or the federal government, where
such | 24 | | transportation, carrying, or possession is incident to the | 25 | | lawful
transportation in which such common carrier is engaged; | 26 | | and nothing in this
Article shall prohibit, apply to, or |
| | | 10200HB0836ham001 | - 40 - | LRB102 11349 SPS 23289 a |
|
| 1 | | affect the transportation, carrying,
or possession of any | 2 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 3 | | subject of and regulated by subsection 24-1(a)(7) or | 4 | | subsection
24-2(c) of this Article, which is unloaded and | 5 | | enclosed in a case, firearm
carrying box, shipping box, or | 6 | | other container, by the possessor of a valid
Firearm Owners | 7 | | Identification Card.
| 8 | | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)".
|
|