[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1946
225 ILCS 446/30
720 ILCS 5/24-2 from Ch. 38, par. 24-2
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993. Exempts from the Act a
person employed as either an armed or unarmed security guard
at a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission who
has completed the background and training mandated by the
rules and regulations of the Nuclear Regulatory Commission.
Amends the Criminal Code of 1961. Exempts these guards
(armed only) from certain unlawful use of weapons provisions
of the Code.
LRB9012343RCks
LRB9012343RCks
1 AN ACT in relation to security guards.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Private Detective, Private Alarm, Private
5 Security, and Locksmith Act of 1993 is amended by changing
6 Section 30 as follows:
7 (225 ILCS 446/30)
8 Sec. 30. Exemptions. This Act does not apply to:
9 (1) An officer or employee of the United States, this
10 State, or any political subdivision of either while the
11 officer or employee is engaged in the performance of his or
12 her official duties within the course and scope of his or her
13 employment with the United States, this State, or any
14 political subdivision of either. However, any person who
15 offers his or her services as a private detective or private
16 security contractor, or any title when similar services are
17 performed for compensation, fee, or other valuable
18 consideration, whether received directly or indirectly, is
19 subject to this Act and its licensing requirements.
20 (2) An attorney-at-law licensed to practice in Illinois
21 while engaging in the practice of law.
22 (3) A person engaged exclusively in the business of
23 obtaining and furnishing information as to the financial
24 rating or credit worthiness of persons; and a person who
25 provides consumer reports in connection with:
26 (i) Credit transactions involving the consumer on
27 whom the information is to be furnished and involving the
28 extensions of credit to the consumer.
29 (ii) Information for employment purposes.
30 (iii) Information for the underwriting of insurance
31 involving the consumer.
-2- LRB9012343RCks
1 (4) Insurance adjusters legally employed or under
2 contract as adjusters and who engage in no other
3 investigative activities other than those directly connected
4 with adjustment of claims against an insurance company or
5 self-insured by which they are employed or with which they
6 have a contract. No insurance adjuster or company may
7 utilize the term "investigation" or any derivative thereof in
8 its company name or in its advertising other than for the
9 handling of insurance claims.
10 For the purposes of this Code, "insurance adjuster"
11 includes any person expressly authorized to act on behalf of
12 an insurance company or self-insured and any employee thereof
13 who acts or appears to act on behalf of the insurance company
14 or self-insured in matters relating to claims, including but
15 not limited to independent contractors while performing claim
16 services at the direction of the company.
17 (5) A person engaged exclusively and employed by a
18 person, firm, association, or corporation in the business of
19 transporting persons or property in interstate commerce and
20 making an investigation related to the business of that
21 employer.
22 (6) Any person, watchman, or guard employed exclusively
23 and regularly by one employer in connection with the affairs
24 of that employer only and there exists an employer/employee
25 relationship.
26 (7) Any law enforcement officer, as defined in the
27 Illinois Police Training Act, who has successfully completed
28 the requirements of basic law enforcement and firearms
29 training as prescribed by the Illinois Law Enforcement
30 Training Standards Board, employed by an employer in
31 connection with the affairs of that employer, provided he or
32 she is exclusively employed by the employer during the hours
33 or times he or she is scheduled to work for that employer,
34 and there exists an employer and employee relationship.
-3- LRB9012343RCks
1 In this subsection an "employee" is a person who is
2 employed by an employer who has the right to control and
3 direct the employee who performs the services in question,
4 not only as to the result to be accomplished by the work, but
5 also as to the details and means by which the result is to be
6 accomplished; and an "employer" is any person or entity, with
7 the exception of a private detective, private detective
8 agency, private security contractor, private security
9 contractor agency, private alarm contractor, or private alarm
10 contractor agency, whose purpose it is to hire persons to
11 perform the business of a private detective, private
12 detective agency, private security contractor, private
13 security contractor agency, private alarm contractor, or
14 private alarm contractor agency.
15 (8) A person who sells burglar alarm systems and does
16 not install, monitor, maintain, alter, repair, service, or
17 respond to burglar alarm systems at protected premises or
18 premises to be protected, provided:
19 (i) The burglar alarm systems are approved either
20 by Underwriters Laboratories or another authoritative
21 source recognized by the Department and are identified by
22 a federally registered trademark.
23 (ii) The owner of the trademark has expressly
24 authorized the person to sell the trademark owner's
25 products, and the person provides proof of this
26 authorization upon the request of the Department.
27 (iii) The owner of the trademark maintains, and
28 provides upon the Department's request, a certificate
29 evidencing insurance for bodily injury or property damage
30 arising from faulty or defective products in an amount
31 not less than $1,000,000 combined single limit; provided
32 that the policy of insurance need not relate exclusively
33 to burglar alarm systems.
34 (9) A person who sells, installs, maintains, or repairs
-4- LRB9012343RCks
1 automobile alarm systems.
2 (10) Nothing in this Act prohibits any of the following:
3 (A) Servicing, installing, repairing, or rebuilding
4 automotive locks by automotive service dealers, as long
5 as they do not hold themselves out to the public as
6 locksmiths.
7 (B) Police, fire, or other municipal employees from
8 opening a lock in an emergency situation, as long as they
9 do not hold themselves out to the public as locksmiths.
10 (C) Any merchant or retail or hardware store from
11 duplicating keys, from installing, servicing, repairing,
12 rebuilding, reprogramming, or maintaining electronic
13 garage door devices or from selling locks or similar
14 security accessories not prohibited from sale by the
15 State of Illinois, as long as they do not hold themselves
16 out to the public as locksmiths.
17 (D) The installation or removal of complete locks
18 or locking devices by members of the building trades when
19 doing so in the course of residential or commercial new
20 construction or remodeling, as long as they do not hold
21 themselves out to the public as locksmiths.
22 (E) The employees of towing services, repossessors,
23 or auto clubs from opening automotive locks in the normal
24 course of their duties, as long as they do not hold
25 themselves out to the public as locksmiths. Additionally,
26 this Act shall not prohibit employees of towing services
27 from opening motor vehicle locks to enable a vehicle to
28 be moved without towing, provided that the towing service
29 does not hold itself out to the public, by yellow page
30 advertisement, through a sign at the facilities of the
31 towing service, or by any other advertisement, as a
32 locksmith.
33 (F) The practice of locksmithing by students in the
34 course of study in programs approved by the Department,
-5- LRB9012343RCks
1 provided that the students do not hold themselves out to
2 the public as locksmiths.
3 (G) Servicing, installing, repairing, or rebuilding
4 locks by a lock manufacturer or anyone employed by a lock
5 manufacturer, as long as they do not hold themselves out
6 to the public as locksmiths.
7 (H) The provision of any of the products or
8 services in the practice of locksmithing as identified in
9 Section 5 of this Act by a business licensed by the State
10 of Illinois as a private alarm contractor or private
11 alarm contractor agency, as long as the principal purpose
12 of the services provided to a customer is not the
13 practice of locksmithing and the business does not hold
14 itself out to the public as a locksmith agency.
15 (I) Any maintenance employee of a property
16 management company at a multi-family residential building
17 from servicing, installing, repairing, or opening locks
18 for tenants as long as the maintenance employee does not
19 hold himself or herself out to the public as a locksmith.
20 (11) A person, firm, or corporation engaged in fire
21 protection engineering, including the design, testing, and
22 inspection of fire protection systems.
23 (12) The practice of professional engineering as defined
24 in the Professional Engineering Practice Act of 1989.
25 (13) The practice of structural engineering as defined
26 in the Structural Engineering Licensing Act of 1989.
27 (14) The practice of architecture as defined in the
28 Illinois Architecture Practice Act of 1989.
29 (15) The activities of persons or firms licensed under
30 the Illinois Public Accounting Act if performed in the course
31 of their professional practice.
32 (15.5) A person employed as either an armed or unarmed
33 security guard at a nuclear energy, storage, weapons or
34 development site or facility regulated by the Nuclear
-6- LRB9012343RCks
1 Regulatory Commission who has completed the background
2 screening and training mandated by the rules and regulations
3 of the Nuclear Regulatory Commission.
4 (16) This Act does not prohibit any persons legally
5 regulated in this State under any other Act from engaging in
6 the practice for which they are licensed, provided that they
7 do not represent themselves by any title prohibited by this
8 Act.
9 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98.)
10 Section 10. The Criminal Code of 1961 is amended by
11 changing Section 24-2 as follows:
12 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
13 Sec. 24-2. Exemptions.
14 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
15 do not apply to or affect any of the following:
16 (1) Peace officers, and any person summoned by a
17 peace officer to assist in making arrests or preserving
18 the peace, while actually engaged in assisting such
19 officer.
20 (2) Wardens, superintendents and keepers of
21 prisons, penitentiaries, jails and other institutions for
22 the detention of persons accused or convicted of an
23 offense, while in the performance of their official duty,
24 or while commuting between their homes and places of
25 employment.
26 (3) Members of the Armed Services or Reserve Forces
27 of the United States or the Illinois National Guard or
28 the Reserve Officers Training Corps, while in the
29 performance of their official duty.
30 (4) Special agents employed by a railroad or a
31 public utility to perform police functions, and guards of
32 armored car companies, while actually engaged in the
-7- LRB9012343RCks
1 performance of the duties of their employment or
2 commuting between their homes and places of employment;
3 and watchmen while actually engaged in the performance of
4 the duties of their employment.
5 (5) Persons licensed as private security
6 contractors, private detectives, or private alarm
7 contractors, or employed by an agency certified by the
8 Department of Professional Regulation, if their duties
9 include the carrying of a weapon under the provisions of
10 the Private Detective, Private Alarm, and Private
11 Security Act of 1983, while actually engaged in the
12 performance of the duties of their employment or
13 commuting between their homes and places of employment,
14 provided that such commuting is accomplished within one
15 hour from departure from home or place of employment, as
16 the case may be. Persons exempted under this subdivision
17 (a)(5) shall be required to have completed a course of
18 study in firearms handling and training approved and
19 supervised by the Department of Professional Regulation
20 as prescribed by Section 28 of the Private Detective,
21 Private Alarm, and Private Security Act of 1983, prior to
22 becoming eligible for this exemption. The Department of
23 Professional Regulation shall provide suitable
24 documentation demonstrating the successful completion of
25 the prescribed firearms training. Such documentation
26 shall be carried at all times when such persons are in
27 possession of a concealable weapon.
28 (6) Any person regularly employed in a commercial
29 or industrial operation as a security guard for the
30 protection of persons employed and private property
31 related to such commercial or industrial operation, while
32 actually engaged in the performance of his or her duty or
33 traveling between sites or properties belonging to the
34 employer, and who, as a security guard, is a member of a
-8- LRB9012343RCks
1 security force of at least 5 persons registered with the
2 Department of Professional Regulation; provided that such
3 security guard has successfully completed a course of
4 study, approved by and supervised by the Department of
5 Professional Regulation, consisting of not less than 40
6 hours of training that includes the theory of law
7 enforcement, liability for acts, and the handling of
8 weapons. A person shall be considered eligible for this
9 exemption if he or she has completed the required 20
10 hours of training for a security officer and 20 hours of
11 required firearm training, and has been issued a firearm
12 authorization card by the Department of Professional
13 Regulation. Conditions for the renewal of firearm
14 authorization cards issued under the provisions of this
15 Section shall be the same as for those cards issued under
16 the provisions of the Private Detective, Private Alarm
17 and Private Security Act of 1983. Such firearm
18 authorization card shall be carried by the security guard
19 at all times when he or she is in possession of a
20 concealable weapon.
21 (7) Agents and investigators of the Illinois
22 Legislative Investigating Commission authorized by the
23 Commission to carry the weapons specified in subsections
24 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
25 any investigation for the Commission.
26 (8) Persons employed by a financial institution for
27 the protection of other employees and property related to
28 such financial institution, while actually engaged in the
29 performance of their duties, commuting between their
30 homes and places of employment, or traveling between
31 sites or properties owned or operated by such financial
32 institution, provided that any person so employed has
33 successfully completed a course of study, approved by and
34 supervised by the Department of Professional Regulation,
-9- LRB9012343RCks
1 consisting of not less than 40 hours of training which
2 includes theory of law enforcement, liability for acts,
3 and the handling of weapons. A person shall be considered
4 to be eligible for this exemption if he or she has
5 completed the required 20 hours of training for a
6 security officer and 20 hours of required firearm
7 training, and has been issued a firearm authorization
8 card by the Department of Professional Regulation.
9 Conditions for renewal of firearm authorization cards
10 issued under the provisions of this Section shall be the
11 same as for those issued under the provisions of the
12 Private Detective, Private Alarm and Private Security Act
13 of 1983. Such firearm authorization card shall be
14 carried by the person so trained at all times when such
15 person is in possession of a concealable weapon. For
16 purposes of this subsection, "financial institution"
17 means a bank, savings and loan association, credit union
18 or company providing armored car services.
19 (9) Any person employed by an armored car company
20 to drive an armored car, while actually engaged in the
21 performance of his duties.
22 (10) Persons who have been classified as peace
23 officers pursuant to the Peace Officer Fire Investigation
24 Act.
25 (11) Investigators of the Office of the State's
26 Attorneys Appellate Prosecutor authorized by the board of
27 governors of the Office of the State's Attorneys
28 Appellate Prosecutor to carry weapons pursuant to Section
29 7.06 of the State's Attorneys Appellate Prosecutor's Act.
30 (12) Special investigators appointed by a State's
31 Attorney under Section 3-9005 of the Counties Code.
32 (13) Court Security Officers while in the
33 performance of their official duties, or while commuting
34 between their homes and places of employment, with the
-10- LRB9012343RCks
1 consent of the Sheriff.
2 (13.5) A person employed as an armed security guard
3 at a nuclear energy, storage, weapons or development site
4 or facility regulated by the Nuclear Regulatory
5 Commission who has completed the background screening and
6 training mandated by the rules and regulations of the
7 Nuclear Regulatory Commission.
8 (14) Manufacture, transportation, or sale of
9 weapons to persons authorized under subdivisions (1)
10 through (13.5) (13) of this subsection to possess those
11 weapons.
12 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
13 to or affect any of the following:
14 (1) Members of any club or organization organized
15 for the purpose of practicing shooting at targets upon
16 established target ranges, whether public or private, and
17 patrons of such ranges, while such members or patrons are
18 using their firearms on those target ranges.
19 (2) Duly authorized military or civil organizations
20 while parading, with the special permission of the
21 Governor.
22 (3) Licensed hunters, trappers or fishermen while
23 engaged in hunting, trapping or fishing.
24 (4) Transportation of weapons that are broken down
25 in a non-functioning state or are not immediately
26 accessible.
27 (c) Subsection 24-1(a)(7) does not apply to or affect
28 any of the following:
29 (1) Peace officers while in performance of their
30 official duties.
31 (2) Wardens, superintendents and keepers of
32 prisons, penitentiaries, jails and other institutions for
33 the detention of persons accused or convicted of an
34 offense.
-11- LRB9012343RCks
1 (3) Members of the Armed Services or Reserve Forces
2 of the United States or the Illinois National Guard,
3 while in the performance of their official duty.
4 (4) Manufacture, transportation, or sale of machine
5 guns to persons authorized under subdivisions (1) through
6 (3) of this subsection to possess machine guns, if the
7 machine guns are broken down in a non-functioning state
8 or are not immediately accessible.
9 (5) Persons licensed under federal law to
10 manufacture any weapon from which 8 or more shots or
11 bullets can be discharged by a single function of the
12 firing device, or ammunition for such weapons, and
13 actually engaged in the business of manufacturing such
14 weapons or ammunition, but only with respect to
15 activities which are within the lawful scope of such
16 business, such as the manufacture, transportation, or
17 testing of such weapons or ammunition. This exemption
18 does not authorize the general private possession of any
19 weapon from which 8 or more shots or bullets can be
20 discharged by a single function of the firing device, but
21 only such possession and activities as are within the
22 lawful scope of a licensed manufacturing business
23 described in this paragraph.
24 During transportation, such weapons shall be broken
25 down in a non-functioning state or not immediately
26 accessible.
27 (6) The manufacture, transport, testing, delivery,
28 transfer or sale, and all lawful commercial or
29 experimental activities necessary thereto, of rifles,
30 shotguns, and weapons made from rifles or shotguns, or
31 ammunition for such rifles, shotguns or weapons, where
32 engaged in by a person operating as a contractor or
33 subcontractor pursuant to a contract or subcontract for
34 the development and supply of such rifles, shotguns,
-12- LRB9012343RCks
1 weapons or ammunition to the United States government or
2 any branch of the Armed Forces of the United States, when
3 such activities are necessary and incident to fulfilling
4 the terms of such contract.
5 The exemption granted under this subdivision (c)(6)
6 shall also apply to any authorized agent of any such
7 contractor or subcontractor who is operating within the
8 scope of his employment, where such activities involving
9 such weapon, weapons or ammunition are necessary and
10 incident to fulfilling the terms of such contract.
11 During transportation, any such weapon shall be
12 broken down in a non-functioning state, or not
13 immediately accessible.
14 (d) Subsection 24-1(a)(1) does not apply to the
15 purchase, possession or carrying of a black-jack or
16 slung-shot by a peace officer.
17 (e) Subsection 24-1(a)(8) does not apply to any owner,
18 manager or authorized employee of any place specified in that
19 subsection nor to any law enforcement officer.
20 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do
21 not apply to members of any club or organization organized
22 for the purpose of practicing shooting at targets upon
23 established target ranges, whether public or private, while
24 using their firearms on those target ranges.
25 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
26 apply to:
27 (1) Members of the Armed Services or Reserve Forces
28 of the United States or the Illinois National Guard,
29 while in the performance of their official duty.
30 (2) Bonafide collectors of antique or surplus
31 military ordinance.
32 (3) Laboratories having a department of forensic
33 ballistics, or specializing in the development of
34 ammunition or explosive ordinance.
-13- LRB9012343RCks
1 (4) Commerce, preparation, assembly or possession
2 of explosive bullets by manufacturers of ammunition
3 licensed by the federal government, in connection with
4 the supply of those organizations and persons exempted by
5 subdivision (g)(1) of this Section, or like organizations
6 and persons outside this State, or the transportation of
7 explosive bullets to any organization or person exempted
8 in this Section by a common carrier or by a vehicle owned
9 or leased by an exempted manufacturer.
10 (h) An information or indictment based upon a violation
11 of any subsection of this Article need not negative any
12 exemptions contained in this Article. The defendant shall
13 have the burden of proving such an exemption.
14 (i) Nothing in this Article shall prohibit, apply to, or
15 affect the transportation, carrying, or possession, of any
16 pistol or revolver, stun gun, taser, or other firearm
17 consigned to a common carrier operating under license of the
18 State of Illinois or the federal government, where such
19 transportation, carrying, or possession is incident to the
20 lawful transportation in which such common carrier is
21 engaged; and nothing in this Article shall prohibit, apply
22 to, or affect the transportation, carrying, or possession of
23 any pistol, revolver, stun gun, taser, or other firearm, not
24 the subject of and regulated by subsection 24-1(a)(7) or
25 subsection 24-2(c) of this Article, which is unloaded and
26 enclosed in a case, firearm carrying box, shipping box, or
27 other container, by the possessor of a valid Firearm Owners
28 Identification Card.
29 (Source: P.A. 89-685, eff. 6-1-97.)