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90_HB2745
225 ILCS 446/5
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 to exclude from the
definition of "private detective" a person whose work
consists solely of research through public records.
LRB9010275NTmb
LRB9010275NTmb
1 AN ACT to amend Private Detective, Private Alarm, Private
2 Security, and Locksmith Act of 1993 by changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Private Detective, Private Alarm, Private
6 Security, and Locksmith Act of 1993 is amended by changing
7 Section 5 as follows:
8 (225 ILCS 446/5)
9 Sec. 5. Definitions. In this Act:
10 "Armed employee" means a licensee or a person who is
11 currently employed by an agency certified under this Act who
12 is armed while engaged in the performance of official duties
13 within the course and scope of his or her employment or
14 exclusively employed by an employer during the hours or times
15 he or she is scheduled to work for that employer, or is
16 commuting between his or her home and place of employment,
17 provided the commuting is accomplished within one hour from
18 departure from home or place of employment, and there exists
19 an employer/employee relationship, whose full or part-time
20 duties include the wearing, carrying or possessing of a
21 firearm in the performance of those duties.
22 "Board" means the Illinois Private Detective, Private
23 Alarm, Private Security, and Locksmith Board.
24 "Department" means the Illinois Department of
25 Professional Regulation.
26 "Director" means the Director of the Department of
27 Professional Regulation.
28 "Person" means a natural person.
29 "Private alarm contractor" means any person who engages
30 in a business that sells, installs, monitors, maintains,
31 alters, repairs, replaces, services, or responds to alarm
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1 systems, including fire alarm systems, at protected premises
2 or at premises to be protected on an emergency basis and not
3 as a full-time security guard; but does not include a person,
4 firm, or corporation that manufactures or sells alarm systems
5 only from its place of business and does not sell, install,
6 monitor, maintain, alter, repair, replace, service, or
7 respond to alarm systems at protected premises or premises to
8 be protected or a licensed electrical contractor who repairs
9 or services fire alarm systems on an "emergency call-in
10 basis", or who sells, installs, maintains, alters, and
11 repairs, or services fire alarm systems.
12 "Private alarm contractor agency" means any person, firm,
13 association, or corporation that engages in the private alarm
14 contractor business and employs one or more persons in
15 conducting the business.
16 "Private detective" means any person who by any means,
17 including but not limited to manual or electronic methods,
18 engages in the business of, accepts employment to furnish, or
19 agrees to make or makes investigations for fees or other
20 valuable consideration to obtain information with reference
21 to:
22 (1) Crime or wrongs done or threatened against the
23 United States or any state or territory of the United
24 States.
25 (2) The identity, habits, conduct, business
26 occupation, honesty, integrity, credibility, knowledge,
27 trustworthiness, efficiency, loyalty, activity,
28 movements, whereabouts, affiliations, associations,
29 transactions, acts, reputation, or character of any
30 person, firm, association, or corporation, by any means,
31 manually or electronically.
32 (3) The location, disposition, or recovery of lost
33 or stolen property.
34 (4) The cause, origin, or responsibility for fires,
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1 accidents, or injuries to real or personal property.
2 (5) The truth or falsity of any statement or
3 representation.
4 (6) Securing evidence to be used before any court,
5 board, officer, or investigating committee.
6 (7) Personal protection of individuals from bodily
7 harm or death (bodyguard functions).
8 (8) Service of process in criminal and civil
9 proceedings without court order.
10 However, private detective does not include a person whose
11 work consists solely of research through public records.
12 "Private detective agency" means any person, firm,
13 association, or corporation that engages in the private
14 detective business and employs one or more persons in
15 conducting the business.
16 "Private security contractor" means any person who
17 engages in the business of providing a private guard,
18 watchman, patrol service, or any like service by any other
19 title or name on a contractual basis for another person,
20 firm, association, or corporation for a fee or other valuable
21 consideration and performing one or more of the following
22 functions:
23 (1) The prevention or detection of intrusion,
24 entry, theft, vandalism, abuse, fire, or trespass on
25 private or governmental property.
26 (2) The prevention, observation, or detection of
27 any unauthorized activity on private or governmental
28 property.
29 (3) The protection of patrons and persons lawfully
30 authorized to be on the premises of the person, firm,
31 association, or corporation for whom he or she
32 contractually is obligated to provide security services.
33 (4) The prevention of the misappropriation or
34 concealment of goods, money, bonds, stocks, notes,
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1 valuable documents, or papers.
2 (5) The control, regulation, or direction of the
3 flow or movement of the public, whether by vehicle or
4 otherwise, only to the extent and for the time directly
5 and specifically required to assure the protection of
6 property on property owned or controlled by the client.
7 (6) The protection of individuals from bodily harm
8 or death (bodyguard functions).
9 "Private security contractor agency" means any person,
10 firm, association, or corporation that engages in the private
11 security contractor business and that employs one or more
12 persons in conducting the business.
13 "Locksmith" means a person who has received a license
14 under this Act and who engages in the practice of
15 locksmithing as defined in this Act.
16 "Locksmith agency" means any person, firm, association,
17 or corporation that engages in the locksmith business and
18 that employs one or more persons in conducting the business.
19 "The practice of locksmithing" includes, but is not
20 limited to, the servicing, installing, originating first
21 keys, re-coding, manipulation, or bypassing of mechanical or
22 electronic locking devices at premises, vehicles, safes,
23 vaults, safe deposit boxes, or automatic teller machines.
24 "Public member" means a person who is not a licensee or a
25 relative of a licensee, or who is not an employer or an
26 employee of a licensee. The term "relative" shall be
27 determined by rules of the Department.
28 "In charge" means the individual licensee whose name and
29 license number appear on a certificate of registration for a
30 detective, private security contractor, private alarm
31 contractor, or locksmith agency is a full-time executive
32 employee or owner who assumes full responsibility for all
33 employees of the agency and for their directed actions, and
34 assumes full responsibility for maintaining all records
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1 required by this Act or rule of the Department and is
2 responsible for otherwise assuring compliance with this Act.
3 Records shall be maintained at a location in Illinois and the
4 address of the location filed with the Department and
5 accessible to Department representatives in accordance with
6 Section 115 of this Act. This does not relieve any person,
7 firm, association, or corporation licensed as an agency under
8 this Act from also assuming full responsibility for
9 compliance with this Act. It is the responsibility of the
10 licensee in charge to notify the Department, in writing
11 within 10 days, when the licensee terminates his or her in
12 charge relationship with an agency.
13 "Permanent employee registration card" means a card
14 issued by the Department to an individual who has applied to
15 the Department and has been found to be employable by an
16 agency certified under this Act.
17 "Firearm authorization card" means a card issued by the
18 Department that authorizes the holder to carry a weapon
19 during the performance of his or her duties as specified
20 under Section 180 of this Act.
21 "Burglar alarm system" means any system, including an
22 electronic access system or other electronic security system,
23 that activates an audible, visible, or remote signal that
24 requires a response and is designed for the prevention or
25 detection of intrusion, entry, theft, vandalism, or trespass.
26 "Fire alarm system" means any system that is activated by
27 any automatic or manual device in the detection of smoke,
28 heat, or fire that activates an audible, visible, or remote
29 signal that requires response.
30 "Branch office" means any business location removed from
31 the place of business for which an agency license has been
32 issued.
33 "Armed proprietary security force" means any security
34 force made up of 5 or more armed individuals employed in a
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1 commercial or industrial operation; one or more armed
2 individuals employed in a financial operation as security
3 guards for the protection of persons; or one or more armed
4 individuals employed for the protection of private property
5 related to a commercial, industrial, or financial operation.
6 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)