(225 ILCS 447/5‑10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 5‑10.
Definitions.
As used in this Act:
"Advertisement" means any printed material that is published in a phone book,
newspaper, magazine, pamphlet, newsletter, or other similar type of publication
that is
intended to either attract business or merely provide contact information to
the public for
an agency or licensee. Advertisement shall include any material disseminated by
printed or electronic means or media, but shall not include a licensee's or an
agency's
letterhead, business cards, or other stationery used in routine business
correspondence or
customary name, address, and number type listings in a telephone directory.
"Alarm system" means any system, including an electronic access control
system, a
surveillance video system, a security video system, a burglar alarm system, a
fire alarm
system, or any other electronic system, that activates an audible, visible,
remote, or
recorded signal that is designed for the protection or detection of intrusion,
entry, theft,
fire, vandalism, escape, or trespass.
"Armed employee" means a licensee or registered person who is employed by an
agency licensed or an armed proprietary security force registered under this
Act who carries a weapon while engaged in the
performance
of official duties within the course and scope of his or her employment during
the hours
and times the employee is scheduled to work or is commuting between his or her
home or
place of employment, provided that commuting is accomplished within one hour
from
departure from home or place of employment.
"Armed proprietary security force" means a security force made up of 5 or
more
armed individuals employed by a private, commercial, or industrial operation or
one or
more armed individuals employed by a financial institution as security officers
for the
protection of persons or property.
"Board" means the Private Detective, Private Alarm, Private Security, and
Locksmith Board.
"Branch office" means a business location removed from the place of business
for which an agency license has been issued, including but not limited to
locations where active employee records that are required to be maintained
under this Act are kept, where prospective new
employees
are processed, or where members of the public are invited in to transact
business. A
branch office does not include an office or other facility located on the
property of an
existing client that is utilized solely for the benefit of that client and is
not owned or
leased by the agency.
"Corporation" means an artificial person or legal entity created by or under
the
authority of the laws of a state, including without limitation a corporation,
limited liability company, or any other legal entity.
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Employee" means a person who works for a person or agency that has the
right to
control the details of the work performed and is not dependent upon whether or
not
federal or state payroll taxes are withheld.
"Fire alarm system" means any system that is activated by an automatic or
manual device in the detection of smoke, heat, or fire that activates an
audible, visible, or
remote signal requiring a response.
"Firearm authorization card" means a card issued by the Department that
authorizes
the holder to carry a weapon during the performance of his or her duties as
specified in
this Act.
"Firm" means an unincorporated business entity, including but not limited to
proprietorships and partnerships.
"Locksmith" means
a person who engages in a business or holds himself out to the public as
providing a service that includes, but is not limited to, the servicing,
installing, originating first keys, re‑coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic locking device, access
control or video surveillance system at premises, vehicles, safes, vaults, safe
deposit boxes, or automatic teller machines.
"Locksmith agency" means a person, firm, corporation, or other legal entity
that engages
in the
locksmith business and employs, in addition to the locksmith
licensee‑in‑charge, at least
one other person in conducting such business.
"Locksmith licensee‑in‑charge" means a person who has been designated by
agency to be the licensee‑in‑charge of an agency,
who is a
full‑time management employee or owner who assumes sole responsibility
for
maintaining all records required by this Act, and who assumes sole
responsibility for
assuring the licensed agency's compliance with its responsibilities as stated
in this Act. The Department shall adopt rules mandating licensee‑in‑charge
participation in agency affairs.
"Peace officer" or "police officer" means a person who, by virtue of office
or
public
employment, is vested by law with a duty to maintain public order or to make
arrests for
offenses, whether that duty extends to all offenses or is limited to specific
offenses.
Officers, agents, or employees of the federal government commissioned by
federal
statute
to make arrests for violations of federal laws are considered peace officers.
"Permanent employee registration card" means a card issued by the Department
to an
individual who has applied to the Department and meets the requirements for
employment by a licensed agency under this Act.
"Person" means a natural person.
"Private alarm contractor" means a person who engages in a business that
individually or through others undertakes, offers to undertake, purports to
have the
capacity to undertake, or submits a bid to sell, install, monitor, maintain,
alter, repair,
replace, or service alarm and other security‑related systems or parts thereof,
including fire
alarm systems, at protected premises or premises to be protected or responds to
alarm
systems at a protected premises on an emergency basis and not as a full‑time
security officer. "Private alarm contractor" does not include a person, firm,
or
corporation that
manufactures or sells alarm systems
only from its place of business and does not sell, install, monitor, maintain,
alter, repair, replace, service, or respond to alarm systems at protected
premises or premises to be protected.
"Private alarm contractor agency" means a person, corporation, or other
entity
that
engages in the private alarm contracting business and employs, in addition to
the private
alarm contractor‑in‑charge, at least one other person in conducting such
business.
"Private alarm contractor licensee‑in‑charge" means a person who has been
designated by an
agency to be the licensee‑in‑charge of an agency, who is a full‑time management
employee or owner who
assumes sole
responsibility for maintaining all records required by this Act, and who
assumes
sole
responsibility for assuring the licensed agency's compliance with its
responsibilities as
stated in this Act.
The Department shall adopt rules mandating licensee‑in‑charge participation in
agency affairs.
"Private detective" means any person who by any means, including but not
limited to manual or electronic methods, engages in the business of, accepts
employment
to furnish, or agrees to make or makes investigations for a fee or other
consideration to
obtain information relating to:
(1) Crimes or wrongs done or threatened against the |
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United States, any state or territory of the United States, or any local government of a state or territory.
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(2) The identity, habits, conduct, business
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occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person, firm, or other entity by any means, manual or electronic.
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(3) The location, disposition, or recovery of lost
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(4) The cause, origin, or responsibility for fires,
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accidents, or injuries to individuals or real or personal property.
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(5) The truth or falsity of any statement or
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(6) Securing evidence to be used before any court,
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board, or investigating body.
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(7) The protection of individuals from bodily harm
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or death (bodyguard functions).
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(8) Service of process in criminal and civil
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proceedings without court order.
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"Private detective agency" means a person, firm, corporation, or other legal
entity that engages
in the
private detective business and employs, in addition to the licensee‑in‑charge,
one or more
persons in conducting such business.
"Private detective licensee‑in‑charge" means a person who has been designated
by an agency
to be the licensee‑in‑charge of an
agency,
who is a full‑time management employee or owner
who assumes sole
responsibility
for
maintaining all records required by this Act, and who assumes sole
responsibility
for assuring
the licensed agency's compliance with its responsibilities as stated in this
Act. The Department shall adopt rules mandating licensee‑in‑charge
participation in agency affairs.
"Private security contractor" means a person who engages in the business of
providing a private security officer, watchman, patrol, or a similar service by
any other
title or name on a contractual basis for another person, firm, corporation, or
other entity
for a fee or other consideration and performing one or more of the following
functions:
(1) The prevention or detection of intrusion, entry,
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theft, vandalism, abuse, fire, or trespass on private or governmental property.
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(2) The prevention, observation, or detection of any
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unauthorized activity on private or governmental property.
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(3) The protection of persons authorized to be on
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the premises of the person, firm, or other entity for which the security contractor contractually provides security services.
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(4) The prevention of the misappropriation or
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concealment of goods, money, bonds, stocks, notes, documents, or papers.
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(5) The control, regulation, or direction of the
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movement of the public for the time specifically required for the protection of property owned or controlled by the client.
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(6) The protection of individuals from bodily harm
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or death (bodyguard functions).
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"Private security contractor agency" means a person, firm, corporation, or
other legal entity that
engages in
the private security contractor business and that employs, in addition to the
licensee‑in‑charge, one or more persons in conducting such business.
"Private security contractor licensee‑in‑charge" means a person who has been
designated by an agency to be the
licensee‑in‑charge of an
agency, who is a full‑time management employee or owner
who assumes sole responsibility for maintaining all records required by this
Act, and who
assumes sole responsibility for assuring the licensed agency's compliance with
its
responsibilities as
stated in this Act. The Department shall adopt rules mandating
licensee‑in‑charge participation in agency affairs.
"Public member" means a person who is not a licensee or related to a
licensee, or who is not an employer or employee of a licensee. The term
"related to" shall be determined by the rules of the Department.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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