2010 Illinois Code CHAPTER 225 PROFESSIONS AND OCCUPATIONS 225 ILCS 447/ Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Article 25 - Private Security Contractors
(225 ILCS 447/Art. 25 heading)
ARTICLE 25. PRIVATE SECURITY CONTRACTORS.
(Article scheduled to be repealed on January 1, 2014)
(225 ILCS 447/25‑5) (Section scheduled to be repealed on January 1, 2014) Sec. 25‑5. Exemptions; private security contractor. The provisions of this Act related to licensure of a private security contractor do not apply to any of the following: (1) An employee of the United States, Illinois, or a
political subdivision of either while the employee is engaged in the performance of his or her official duties within the scope of his or her employment. However, any such person who offers his or her services as a private security contractor or uses a similar title when these services are performed for compensation or other consideration, whether received directly or indirectly, is subject to this Act.
(2) A person employed as either an armed or unarmed
security officer at a nuclear energy, storage, weapons, or development site or facility regulated by the United States Nuclear Regulatory Commission who has completed the background screening and training mandated by the regulations of the United States Nuclear Regulatory Commission.
(3) A person, watchman, or proprietary security
officer employed exclusively by only one employer in connection with the exclusive activities of that employer.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/25‑10) (Section scheduled to be repealed on January 1, 2014) Sec. 25‑10. Qualifications for licensure as a private security contractor. (a) A person is qualified for licensure as a private security contractor if he or she meets all of the following requirements: (1) Is at least 21 years of age. (2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the time of full discharge from a sentence imposed for a felony conviction.
(3) Is of good moral character. Good character is a
continuing requirement of licensure. Conviction of crimes other than felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience of the 5
years immediately preceding application working as a full‑time manager for a licensed private security contractor agency or a manager of a proprietary security force of 30 or more persons registered with the Department or with 3 years experience of the 5 years immediately preceding his or her application employed as a full‑time supervisor in a law enforcement agency of a federal or state political subdivision, which shall include a state's attorney's office or public defender's office. The Board and the Department shall approve such full‑time supervisory experience. An applicant who has a baccalaureate degree or higher in police science or a related field or a business degree from an accredited college or university shall be given credit for 2 of the 3 years of the required experience. An applicant who has an associate degree in police science or in a related field or in business from an accredited college or university shall be given credit for one of the 3 years of the required experience.
(7) Has not been dishonorably discharged from the
armed forces of the United States.
(8) Has passed an examination authorized by the
Department.
(9) Submits his or her fingerprints, proof of having
general liability insurance required under subsection (b), and the required license fee.
(10) Has not violated Section 10‑5 of this Act. (b) It is the responsibility of the applicant to obtain general liability insurance in an amount and coverage appropriate for the applicant's circumstances as determined by rule. The applicant shall provide evidence of insurance to the Department before being issued a license. Failure to maintain general liability insurance and to provide the Department with written proof of the insurance shall result in cancellation of the license. (c) Any person who has been providing canine odor detection services for hire prior to January 1, 2005 is exempt from the requirements of item (6) of subsection (a) of this Section and may be granted a private security contractor license if (i) he or she meets the requirements of items (1) through (5) and items (7) through (10) of subsections (a) of this Section, (ii) pays all applicable fees, and (iii) presents satisfactory evidence to the Department of the provision of canine odor detection services for hire since January 1, 2005. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/25‑15) (Section scheduled to be repealed on January 1, 2014) Sec. 25‑15. Qualifications for licensure as a private security contractor agency. (a) Upon receipt of the required fee and proof that the applicant has a full‑time Illinois licensed private security contractor‑in‑charge, which is a continuing requirement for agency licensure, the Department shall issue a license as a private security contractor agency to any of the following: (1) An individual who submits an application and is
a licensed private security contractor under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed private security contractors under this Act.
(3) A corporation or limited liability company doing
business in Illinois that is authorized to engage in the business of conducting a private security contractor agency if at least one officer or executive employee is licensed as a private security contractor under this Act and all unlicensed officers and directors of the corporation or limited liability company are determined by the Department to be persons of good moral character.
(b) No private security contractor may be the private security contractor licensee‑in‑charge for more than one private security contractor agency. Upon written request by a representative of the agency, within 10 days after the loss of a private security contractor licensee‑in‑charge of an agency because of the death of that individual or because of the termination of the employment of that individual, the Department shall issue a temporary certificate of authority allowing the continuing operation of the licensed agency. No temporary certificate of authority shall be valid for more than 90 days. An extension of an additional 90 days may be granted upon written request by the representative of the agency. Not more than 2 extensions may be granted to any agency. No temporary permit shall be issued for loss of the licensee‑in‑charge because of disciplinary action by the Department related to his or her conduct on behalf of the agency. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/25‑20) (Section scheduled to be repealed on January 1, 2014) Sec. 25‑20. Training; private security contractor and employees. (a) Registered employees of the private security contractor agency who provide traditional guarding or other private security related functions or who respond to alarm systems shall complete, within 30 days of their employment, a minimum of 20 hours of classroom basic training provided by a qualified instructor, which shall include the following subjects: (1) The law regarding arrest and search and seizure
as it applies to private security.
(2) Civil and criminal liability for acts related to
private security.
(3) The use of force, including but not limited to
the use of nonlethal force (i.e., disabling spray, baton, stungun or similar weapon).
(4) Arrest and control techniques. (5) The offenses under the Criminal Code of 1961
that are directly related to the protection of persons and property.
(6) The law on private security forces and on
reporting to law enforcement agencies.
(7) Fire prevention, fire equipment, and fire safety. (8) The procedures for service of process and for
report writing.
(9) Civil rights and public relations. (10) The identification of terrorists, acts of
terrorism, and terrorist organizations, as defined by federal and State statutes.
(b) All other employees of a private security contractor agency shall complete a minimum of 20 hours of training provided by the qualified instructor within 30 days of their employment. The substance of the training shall be related to the work performed by the registered employee. (c) Registered employees of the private security contractor agency who provide guarding or other private security related functions, in addition to the classroom training required under subsection (a), within 6 months of their employment, shall complete an additional 8 hours of training on subjects to be determined by the employer, which training may be site‑specific and may be conducted on the job. (d) In addition to the basic training provided for in subsections (a) and (c), registered employees of the private security contractor agency who provide guarding or other private security related functions shall complete an additional 8 hours of refresher training on subjects to be determined by the employer each calendar year commencing with the calendar year following the employee's first employment anniversary date, which refresher training may be site‑specific and may be conducted on the job. (e) It is the responsibility of the employer to certify, on a form provided by the Department, that the employee has successfully completed the basic and refresher training. The form shall be a permanent record of training completed by the employee and shall be placed in the employee's file with the employer for the period the employee remains with the employer. An agency may place a notarized copy of the Department form in lieu of the original into the permanent employee registration card file. The original form shall be given to the employee when his or her employment is terminated. Failure to return the original form to the employee is grounds for disciplinary action. The employee shall not be required to repeat the required training once the employee has been issued the form. An employer may provide or require additional training. (f) Any certification of completion of the 20‑hour basic training issued under the Private Detective, Private Alarm, Private Security and Locksmith Act of 1993 or any prior Act shall be accepted as proof of training under this Act. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/25‑30) (Section scheduled to be repealed on January 1, 2014) Sec. 25‑30. Uniforms. (a) No licensee under this Act or any employee of a licensed agency shall wear or display a badge, shoulder patch or other identification that contains the words "law enforcement". No license holder or employee of a licensed agency shall imply in any manner that the person is an employee or agent of a governmental entity, display a badge or identification card, emblem, or uniform using the words "police", "sheriff", "highway patrol", "trooper", "law enforcement" or any similar term. (b) All military‑style uniforms, if worn by employees of a licensed private security contractor agency, must bear the name of the private security contractor agency, which shall be plainly visible on a patch, badge, or other insignia. (c) All uniforms, if worn by employees of a licensed private security contractor agency, may only be worn in the performance of their duties or while commuting directly to or from the employee's place or places of employment, provided this is accomplished within one hour from departure from home or place of employment. (Source: P.A. 95‑613, eff. 9‑11‑07.)
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