(225 ILCS 447/40-5)
(Section scheduled to be repealed on January 1, 2029)
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, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section. Reasonable attorney's fees and costs may be awarded to the licensee, interested party, or person injured if the licensee, interested party, or person injured successfully obtains injunctive relief, whether by consent or otherwise. (Source: P.A. 102-418, eff. 8-20-21; 103-309, eff. 1-1-24.)
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