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| Public Act 102-0418 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(225 ILCS 447/40-5)
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(Section scheduled to be repealed on January 1, 2024)
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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,
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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.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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