Illinois General Assembly - Full Text of Public Act 102-0418

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Public Act 102-0418

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Public Act 0418 102ND GENERAL ASSEMBLY

Public Act 102-0418

HB1831 Enrolled LRB102 13569 SPS 18917 b

    AN ACT concerning regulation.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 40-5 as follows:

    (225 ILCS 447/40-5)
    (Section scheduled to be repealed on January 1, 2024)
    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 he or she successfully obtains injunctive relief, whether
by consent or otherwise.
(Source: P.A. 98-253, eff. 8-9-13.)

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021

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