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 15 - Private Detectives
(225 ILCS 447/Art. 15 heading)
ARTICLE 15. PRIVATE DETECTIVES.
(Article scheduled to be repealed on January 1, 2014)
(225 ILCS 447/15‑5) (Section scheduled to be repealed on January 1, 2014) Sec. 15‑5. Exemptions; private detective. The provisions of this Act relating to the licensure of private detectives 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 detective 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, firm, or other entity engaged
exclusively in tracing and compiling lineage or ancestry who does not hold himself or herself out to be a private detective.
(3) A person engaged exclusively in obtaining and
furnishing information as to the financial rating or creditworthiness of persons or a person who provides reports in connection with (i) consumer credit transactions, (ii) information for employment purposes, or (iii) information for the underwriting of consumer insurance.
(4) Insurance adjusters employed or under contract
as adjusters who engage in no other investigative activities other than those directly connected with adjustment of claims against an insurance company or a self‑insured entity by which they are employed or with which they have a contract. No insurance adjuster or company may use the term "investigation" or any derivative thereof, in its name or in its advertising.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/15‑10) (Section scheduled to be repealed January 1, 2014) Sec. 15‑10. Qualifications for licensure as a private detective. (a) A person is qualified for licensure as a private detective 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 full‑time for a licensed private detective agency as a registered private detective agency employee or with 3 years experience of the 5 years immediately preceding his or her application employed as a full‑time investigator for a licensed attorney or in a law enforcement agency of a federal or state political subdivision, which shall include a state's attorney's office or a public defender's office. The Board and the Department shall approve such full‑time investigator experience. An applicant who has a baccalaureate degree, or higher, in law enforcement 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 law enforcement 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 or has not been discharged from a law enforcement agency of the United States or of any state or of any political subdivision thereof, which shall include a state's attorney's office, for reasons relating to his or her conduct as an employee of that law enforcement agency.
(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 detective license if (i) he or she meets the requirements of items (1) through (5) and items (7) through (10) of subsection (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 447/15‑15) (Section scheduled to be repealed on January 1, 2014) Sec. 15‑15. Qualifications for licensure as a private detective agency. (a) Upon receipt of the required fee and proof that the applicant has a full‑time Illinois licensed private detective‑in‑charge, which is a continuing requirement for agency licensure, the Department shall issue a license as a private detective agency to any of the following: (1) An individual who submits an application and is
a licensed private detective under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed private detectives 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 detective agency, provided at least one full‑time executive employee is licensed as a private detective 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 detective may be the licensee‑in‑charge for more than one private detective agency. Upon written request by a representative of an agency, within 10 days after the loss of a 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 a 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 447/15‑25) (Section scheduled to be repealed on January 1, 2014) Sec. 15‑25. Training; private detective and employees. (a) Registered employees of a private detective agency shall complete, within 30 days of their employment, a minimum of 20 hours of training provided by a qualified instructor. The substance of the training shall be related to the work performed by the registered employee and shall include relevant information as to the identification of terrorists, acts of terrorism, and terrorist organizations, as defined by federal and State statutes. (b) It is the responsibility of the employer to certify, on a form provided by the Department, that the employee has successfully completed the 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. (c) 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.)
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