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| [ Introduced ] | [ Engrossed ] | [ House Amendment 003 ] |
91_HB0620enr HB0620 Enrolled LRB9102726ACtm 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. 9 (a) This Act does not apply to: 10 (1) An officer or employee of the United States, 11 this State, or any political subdivision of either while 12 the officer or employee is engaged in the performance of 13 his or her official duties within the course and scope of 14 his or her employment with the United States, this State, 15 or any political subdivision of either. However, any 16 person who offers his or her services as a private 17 detective or private security contractor, or any title 18 when similar services are performed for compensation, 19 fee, or other valuable consideration, whether received 20 directly or indirectly, is subject to this Act and its 21 licensing requirements. 22 (2) An attorney-at-law licensed to practice in 23 Illinois while engaging in the practice of law. 24 (3) A person engaged exclusively in the business of 25 obtaining and furnishing information as to the financial 26 rating or credit worthiness of persons; and a person who 27 provides consumer reports in connection with: 28 (i) Credit transactions involving the consumer 29 on whom the information is to be furnished and 30 involving the extensions of credit to the consumer. 31 (ii) Information for employment purposes. HB0620 Enrolled -2- LRB9102726ACtm 1 (iii) Information for the underwriting of 2 insurance involving the consumer. 3 (4) Insurance adjusters legally employed or under 4 contract as adjusters and who engage in no other 5 investigative activities other than those directly 6 connected with adjustment of claims against an insurance 7 company or self-insured by which they are employed or 8 with which they have a contract. No insurance adjuster 9 or company may utilize the term "investigation" or any 10 derivative thereof in its company name or in its 11 advertising other than for the handling of insurance 12 claims. 13 For the purposes of this Code, "insurance adjuster" 14 includes any person expressly authorized to act on behalf 15 of an insurance company or self-insured and any employee 16 thereof who acts or appears to act on behalf of the 17 insurance company or self-insured in matters relating to 18 claims, including but not limited to independent 19 contractors while performing claim services at the 20 direction of the company. 21 (5) A person engaged exclusively and employed by a 22 person, firm, association, or corporation in the business 23 of transporting persons or property in interstate 24 commerce and making an investigation related to the 25 business of that employer. 26 (6) Any person, watchman, or guard employed 27 exclusively and regularly by one employer in connection 28 with the affairs of that employer only and there exists 29 an employer/employee relationship. 30 (7) Any law enforcement officer, as defined in the 31 Illinois Police Training Act, who has successfully 32 completed the requirements of basic law enforcement and 33 firearms training as prescribed by the Illinois Law 34 Enforcement Training Standards Board, employed by an HB0620 Enrolled -3- LRB9102726ACtm 1 employer in connection with the affairs of that employer, 2 provided he or she is exclusively employed by the 3 employer during the hours or times he or she is scheduled 4 to work for that employer, and there exists an employer 5 and employee relationship. 6 In this subsection an "employee" is a person who is 7 employed by an employer who has the right to control and 8 direct the employee who performs the services in 9 question, not only as to the result to be accomplished by 10 the work, but also as to the details and means by which 11 the result is to be accomplished; and an "employer" is 12 any person or entity, with the exception of a private 13 detective, private detective agency, private security 14 contractor, private security contractor agency, private 15 alarm contractor, or private alarm contractor agency, 16 whose purpose it is to hire persons to perform the 17 business of a private detective, private detective 18 agency, private security contractor, private security 19 contractor agency, private alarm contractor, or private 20 alarm contractor agency. 21 (8) A person who sells burglar alarm systems and 22 does not install, monitor, maintain, alter, repair, 23 service, or respond to burglar alarm systems at protected 24 premises or premises to be protected, provided: 25 (i) The burglar alarm systems are 26 approved either by Underwriters Laboratories or 27 another authoritative source recognized by the 28 Department and are identified by a federally 29 registered trademark. 30 (ii) The owner of the trademark has 31 expressly authorized the person to sell the 32 trademark owner's products, and the person 33 provides proof of this authorization upon the 34 request of the Department. HB0620 Enrolled -4- LRB9102726ACtm 1 (iii) The owner of the trademark 2 maintains, and provides upon the Department's 3 request, a certificate evidencing insurance for 4 bodily injury or property damage arising from 5 faulty or defective products in an amount not 6 less than $1,000,000 combined single limit; 7 provided that the policy of insurance need not 8 relate exclusively to burglar alarm systems. 9 (9) A person who sells, installs, maintains, or 10 repairs automobile alarm systems. 11 (9-5) A person, firm, or corporation engaged solely 12 and exclusively in tracing and compiling lineage or 13 ancestry. 14 (10) A person employed as either an armed or 15 unarmed security guard at a nuclear energy, storage, 16 weapons or development site or facility regulated by the 17 Nuclear Regulatory Commission who has completed the 18 background screening and training mandated by the rules 19 and regulations of the Nuclear Regulatory Commission. 20 (b) Nothing in this Act prohibits any of the following: 21 (A) Servicing, installing, repairing, or rebuilding 22 automotive locks by automotive service dealers, as long 23 as they do not hold themselves out to the public as 24 locksmiths. 25 (B) Police, fire, or other municipal employees from 26 opening a lock in an emergency situation, as long as they 27 do not hold themselves out to the public as locksmiths. 28 (C) Any merchant or retail or hardware store from 29 duplicating keys, from installing, servicing, repairing, 30 rebuilding, reprogramming, or maintaining electronic 31 garage door devices or from selling locks or similar 32 security accessories not prohibited from sale by the 33 State of Illinois, as long as they do not hold themselves 34 out to the public as locksmiths. HB0620 Enrolled -5- LRB9102726ACtm 1 (D) The installation or removal of complete locks 2 or locking devices by members of the building trades when 3 doing so in the course of residential or commercial new 4 construction or remodeling, as long as they do not hold 5 themselves out to the public as locksmiths. 6 (E) The employees of towing services, repossessors, 7 or auto clubs from opening automotive locks in the normal 8 course of their duties, as long as they do not hold 9 themselves out to the public as locksmiths. Additionally, 10 this Act shall not prohibit employees of towing services 11 from opening motor vehicle locks to enable a vehicle to 12 be moved without towing, provided that the towing service 13 does not hold itself out to the public, by yellow page 14 advertisement, through a sign at the facilities of the 15 towing service, or by any other advertisement, as a 16 locksmith. 17 (F) The practice of locksmithing by students in the 18 course of study in programs approved by the Department, 19 provided that the students do not hold themselves out to 20 the public as locksmiths. 21 (G) Servicing, installing, repairing, or rebuilding 22 locks by a lock manufacturer or anyone employed by a lock 23 manufacturer, as long as they do not hold themselves out 24 to the public as locksmiths. 25 (H) The provision of any of the products or 26 services in the practice of locksmithing as identified in 27 Section 5 of this Act by a business licensed by the State 28 of Illinois as a private alarm contractor or private 29 alarm contractor agency, as long as the principal purpose 30 of the services provided to a customer is not the 31 practice of locksmithing and the business does not hold 32 itself out to the public as a locksmith agency. 33 (I) Any maintenance employee of a property 34 management company at a multi-family residential building HB0620 Enrolled -6- LRB9102726ACtm 1 from servicing, installing, repairing, or opening locks 2 for tenants as long as the maintenance employee does not 3 hold himself or herself out to the public as a locksmith. 4 (J) A person, firm, or corporation from engaging in 5 fire protection engineering, including the design, 6 testing, and inspection of fire protection systems. 7 (K) The practice of professional engineering as 8 defined in the Professional Engineering Practice Act of 9 1989. 10 (L) The practice of structural engineering as 11 defined in the Structural Engineering Licensing Act of 12 1989. 13 (M) The practice of architecture as defined in the 14 Illinois Architecture Practice Act of 1989. 15 (N) The activities of persons or firms licensed 16 under the Illinois Public Accounting Act if performed in 17 the course of their professional practice. 18 (c) This Act does not prohibit any persons legally 19 regulated in this State under any other Act from engaging in 20 the practice for which they are licensed, provided that they 21 do not represent themselves by any title prohibited by this 22 Act. 23 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98; 24 90-633, eff. 7-24-98.) 25 Section 10. The Criminal Code of 1961 is amended by 26 changing Section 24-2 as follows: 27 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2) 28 Sec. 24-2. Exemptions. 29 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) 30 do not apply to or affect any of the following: 31 (1) Peace officers, and any person summoned by a 32 peace officer to assist in making arrests or preserving HB0620 Enrolled -7- LRB9102726ACtm 1 the peace, while actually engaged in assisting such 2 officer. 3 (2) Wardens, superintendents and keepers of 4 prisons, penitentiaries, jails and other institutions for 5 the detention of persons accused or convicted of an 6 offense, while in the performance of their official duty, 7 or while commuting between their homes and places of 8 employment. 9 (3) Members of the Armed Services or Reserve Forces 10 of the United States or the Illinois National Guard or 11 the Reserve Officers Training Corps, while in the 12 performance of their official duty. 13 (4) Special agents employed by a railroad or a 14 public utility to perform police functions, and guards of 15 armored car companies, while actually engaged in the 16 performance of the duties of their employment or 17 commuting between their homes and places of employment; 18 and watchmen while actually engaged in the performance of 19 the duties of their employment. 20 (5) Persons licensed as private security 21 contractors, private detectives, or private alarm 22 contractors, or employed by an agency certified by the 23 Department of Professional Regulation, if their duties 24 include the carrying of a weapon under the provisions of 25 the Private Detective, Private Alarm, and Private 26 Security Act of 1983, while actually engaged in the 27 performance of the duties of their employment or 28 commuting between their homes and places of employment, 29 provided that such commuting is accomplished within one 30 hour from departure from home or place of employment, as 31 the case may be. Persons exempted under this subdivision 32 (a)(5) shall be required to have completed a course of 33 study in firearms handling and training approved and 34 supervised by the Department of Professional Regulation HB0620 Enrolled -8- LRB9102726ACtm 1 as prescribed by Section 28 of the Private Detective, 2 Private Alarm, and Private Security Act of 1983, prior to 3 becoming eligible for this exemption. The Department of 4 Professional Regulation shall provide suitable 5 documentation demonstrating the successful completion of 6 the prescribed firearms training. Such documentation 7 shall be carried at all times when such persons are in 8 possession of a concealable weapon. 9 (6) Any person regularly employed in a commercial 10 or industrial operation as a security guard for the 11 protection of persons employed and private property 12 related to such commercial or industrial operation, while 13 actually engaged in the performance of his or her duty or 14 traveling between sites or properties belonging to the 15 employer, and who, as a security guard, is a member of a 16 security force of at least 5 persons registered with the 17 Department of Professional Regulation; provided that such 18 security guard has successfully completed a course of 19 study, approved by and supervised by the Department of 20 Professional Regulation, consisting of not less than 40 21 hours of training that includes the theory of law 22 enforcement, liability for acts, and the handling of 23 weapons. A person shall be considered eligible for this 24 exemption if he or she has completed the required 20 25 hours of training for a security officer and 20 hours of 26 required firearm training, and has been issued a firearm 27 authorization card by the Department of Professional 28 Regulation. Conditions for the renewal of firearm 29 authorization cards issued under the provisions of this 30 Section shall be the same as for those cards issued under 31 the provisions of the Private Detective, Private Alarm 32 and Private Security Act of 1983. Such firearm 33 authorization card shall be carried by the security guard 34 at all times when he or she is in possession of a HB0620 Enrolled -9- LRB9102726ACtm 1 concealable weapon. 2 (7) Agents and investigators of the Illinois 3 Legislative Investigating Commission authorized by the 4 Commission to carry the weapons specified in subsections 5 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 6 any investigation for the Commission. 7 (8) Persons employed by a financial institution for 8 the protection of other employees and property related to 9 such financial institution, while actually engaged in the 10 performance of their duties, commuting between their 11 homes and places of employment, or traveling between 12 sites or properties owned or operated by such financial 13 institution, provided that any person so employed has 14 successfully completed a course of study, approved by and 15 supervised by the Department of Professional Regulation, 16 consisting of not less than 40 hours of training which 17 includes theory of law enforcement, liability for acts, 18 and the handling of weapons. A person shall be considered 19 to be eligible for this exemption if he or she has 20 completed the required 20 hours of training for a 21 security officer and 20 hours of required firearm 22 training, and has been issued a firearm authorization 23 card by the Department of Professional Regulation. 24 Conditions for renewal of firearm authorization cards 25 issued under the provisions of this Section shall be the 26 same as for those issued under the provisions of the 27 Private Detective, Private Alarm and Private Security Act 28 of 1983. Such firearm authorization card shall be 29 carried by the person so trained at all times when such 30 person is in possession of a concealable weapon. For 31 purposes of this subsection, "financial institution" 32 means a bank, savings and loan association, credit union 33 or company providing armored car services. 34 (9) Any person employed by an armored car company HB0620 Enrolled -10- LRB9102726ACtm 1 to drive an armored car, while actually engaged in the 2 performance of his duties. 3 (10) Persons who have been classified as peace 4 officers pursuant to the Peace Officer Fire Investigation 5 Act. 6 (11) Investigators of the Office of the State's 7 Attorneys Appellate Prosecutor authorized by the board of 8 governors of the Office of the State's Attorneys 9 Appellate Prosecutor to carry weapons pursuant to Section 10 7.06 of the State's Attorneys Appellate Prosecutor's Act. 11 (12) Special investigators appointed by a State's 12 Attorney under Section 3-9005 of the Counties Code. 13 (13) Court Security Officers while in the 14 performance of their official duties, or while commuting 15 between their homes and places of employment, with the 16 consent of the Sheriff. 17 (13.5) A person employed as an armed security guard 18 at a nuclear energy, storage, weapons or development site 19 or facility regulated by the Nuclear Regulatory 20 Commission who has completed the background screening and 21 training mandated by the rules and regulations of the 22 Nuclear Regulatory Commission. 23 (14) Manufacture, transportation, or sale of 24 weapons to persons authorized under subdivisions (1) 25 through (13.5)(13)of this subsection to possess those 26 weapons. 27 (b) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 28 to or affect any of the following: 29 (1) Members of any club or organization organized 30 for the purpose of practicing shooting at targets upon 31 established target ranges, whether public or private, and 32 patrons of such ranges, while such members or patrons are 33 using their firearms on those target ranges. 34 (2) Duly authorized military or civil organizations HB0620 Enrolled -11- LRB9102726ACtm 1 while parading, with the special permission of the 2 Governor. 3 (3) Licensed hunters, trappers or fishermen while 4 engaged in hunting, trapping or fishing. 5 (4) Transportation of weapons that are broken down 6 in a non-functioning state or are not immediately 7 accessible. 8 (c) Subsection 24-1(a)(7) does not apply to or affect 9 any of the following: 10 (1) Peace officers while in performance of their 11 official duties. 12 (2) Wardens, superintendents and keepers of 13 prisons, penitentiaries, jails and other institutions for 14 the detention of persons accused or convicted of an 15 offense. 16 (3) Members of the Armed Services or Reserve Forces 17 of the United States or the Illinois National Guard, 18 while in the performance of their official duty. 19 (4) Manufacture, transportation, or sale of machine 20 guns to persons authorized under subdivisions (1) through 21 (3) of this subsection to possess machine guns, if the 22 machine guns are broken down in a non-functioning state 23 or are not immediately accessible. 24 (5) Persons licensed under federal law to 25 manufacture any weapon from which 8 or more shots or 26 bullets can be discharged by a single function of the 27 firing device, or ammunition for such weapons, and 28 actually engaged in the business of manufacturing such 29 weapons or ammunition, but only with respect to 30 activities which are within the lawful scope of such 31 business, such as the manufacture, transportation, or 32 testing of such weapons or ammunition. This exemption 33 does not authorize the general private possession of any 34 weapon from which 8 or more shots or bullets can be HB0620 Enrolled -12- LRB9102726ACtm 1 discharged by a single function of the firing device, but 2 only such possession and activities as are within the 3 lawful scope of a licensed manufacturing business 4 described in this paragraph. 5 During transportation, such weapons shall be broken 6 down in a non-functioning state or not immediately 7 accessible. 8 (6) The manufacture, transport, testing, delivery, 9 transfer or sale, and all lawful commercial or 10 experimental activities necessary thereto, of rifles, 11 shotguns, and weapons made from rifles or shotguns, or 12 ammunition for such rifles, shotguns or weapons, where 13 engaged in by a person operating as a contractor or 14 subcontractor pursuant to a contract or subcontract for 15 the development and supply of such rifles, shotguns, 16 weapons or ammunition to the United States government or 17 any branch of the Armed Forces of the United States, when 18 such activities are necessary and incident to fulfilling 19 the terms of such contract. 20 The exemption granted under this subdivision (c)(6) 21 shall also apply to any authorized agent of any such 22 contractor or subcontractor who is operating within the 23 scope of his employment, where such activities involving 24 such weapon, weapons or ammunition are necessary and 25 incident to fulfilling the terms of such contract. 26 During transportation, any such weapon shall be 27 broken down in a non-functioning state, or not 28 immediately accessible. 29 (d) Subsection 24-1(a)(1) does not apply to the 30 purchase, possession or carrying of a black-jack or 31 slung-shot by a peace officer. 32 (e) Subsection 24-1(a)(8) does not apply to any owner, 33 manager or authorized employee of any place specified in that 34 subsection nor to any law enforcement officer. HB0620 Enrolled -13- LRB9102726ACtm 1 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) do 2 not apply to members of any club or organization organized 3 for the purpose of practicing shooting at targets upon 4 established target ranges, whether public or private, while 5 using their firearms on those target ranges. 6 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not 7 apply to: 8 (1) Members of the Armed Services or Reserve Forces 9 of the United States or the Illinois National Guard, 10 while in the performance of their official duty. 11 (2) Bonafide collectors of antique or surplus 12 military ordinance. 13 (3) Laboratories having a department of forensic 14 ballistics, or specializing in the development of 15 ammunition or explosive ordinance. 16 (4) Commerce, preparation, assembly or possession 17 of explosive bullets by manufacturers of ammunition 18 licensed by the federal government, in connection with 19 the supply of those organizations and persons exempted by 20 subdivision (g)(1) of this Section, or like organizations 21 and persons outside this State, or the transportation of 22 explosive bullets to any organization or person exempted 23 in this Section by a common carrier or by a vehicle owned 24 or leased by an exempted manufacturer. 25 (h) An information or indictment based upon a violation 26 of any subsection of this Article need not negative any 27 exemptions contained in this Article. The defendant shall 28 have the burden of proving such an exemption. 29 (i) Nothing in this Article shall prohibit, apply to, or 30 affect the transportation, carrying, or possession, of any 31 pistol or revolver, stun gun, taser, or other firearm 32 consigned to a common carrier operating under license of the 33 State of Illinois or the federal government, where such 34 transportation, carrying, or possession is incident to the HB0620 Enrolled -14- LRB9102726ACtm 1 lawful transportation in which such common carrier is 2 engaged; and nothing in this Article shall prohibit, apply 3 to, or affect the transportation, carrying, or possession of 4 any pistol, revolver, stun gun, taser, or other firearm, not 5 the subject of and regulated by subsection 24-1(a)(7) or 6 subsection 24-2(c) of this Article, which is unloaded and 7 enclosed in a case, firearm carrying box, shipping box, or 8 other container, by the possessor of a valid Firearm Owners 9 Identification Card. 10 (Source: P.A. 89-685, eff. 6-1-97.)