Bill Text: IL HB0836 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Health Insurance Coverage Premium Misalignment Study Act. Sets forth provisions concerning the purpose of the Act and findings. Provides that the Department of Insurance shall oversee a study to explore rate setting approaches that may yield a misalignment of premiums across different tiers of coverage in Illinois' individual health insurance market. Provides that the study shall produce cost estimates for Illinois residents addressing metal-level premium misalignment policy along with the impact of the policy on health insurance affordability and access and the uninsured rates for low-income and middle-income residents, with break-out data by geography, race, ethnicity, and income level. Provides that the study shall evaluate how premium realignment if implemented would affect costs and outcomes for Illinoisans. Provides that the Department shall develop and submit, no later than January 1, 2024, a report to the General Assembly and the Governor concerning the design, costs, benefits, and implementation of premium realignment to increase affordability and access to health care coverage that leverages existing State infrastructure.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2022-05-26 - Public Act . . . . . . . . . 102-0900 [HB0836 Detail]
Download: Illinois-2021-HB0836-Engrossed.html
Bill Title: Creates the Health Insurance Coverage Premium Misalignment Study Act. Sets forth provisions concerning the purpose of the Act and findings. Provides that the Department of Insurance shall oversee a study to explore rate setting approaches that may yield a misalignment of premiums across different tiers of coverage in Illinois' individual health insurance market. Provides that the study shall produce cost estimates for Illinois residents addressing metal-level premium misalignment policy along with the impact of the policy on health insurance affordability and access and the uninsured rates for low-income and middle-income residents, with break-out data by geography, race, ethnicity, and income level. Provides that the study shall evaluate how premium realignment if implemented would affect costs and outcomes for Illinoisans. Provides that the Department shall develop and submit, no later than January 1, 2024, a report to the General Assembly and the Governor concerning the design, costs, benefits, and implementation of premium realignment to increase affordability and access to health care coverage that leverages existing State infrastructure.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2022-05-26 - Public Act . . . . . . . . . 102-0900 [HB0836 Detail]
Download: Illinois-2021-HB0836-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Private Detective, Private Alarm, Private | ||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
6 | amended by changing Sections 5-10, 15-25, 20-20, 25-20, 35-40, | ||||||
7 | and 35-45 as follows:
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8 | (225 ILCS 447/5-10)
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9 | (Section scheduled to be repealed on January 1, 2024)
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10 | Sec. 5-10. Definitions. As used in this Act:
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11 | "Address of record" means the designated address recorded | ||||||
12 | by the Department in the applicant's application file or the | ||||||
13 | licensee's license file, as maintained by the Department's | ||||||
14 | licensure maintenance unit. | ||||||
15 | "Advertisement" means any public media, including printed | ||||||
16 | or electronic material, that is published or displayed in a | ||||||
17 | phone book,
newspaper, magazine, pamphlet, newsletter, | ||||||
18 | website, or other similar type of publication or electronic | ||||||
19 | format
that is
intended to either attract business or merely | ||||||
20 | provide contact information to
the public for
an agency or | ||||||
21 | licensee. Advertisement shall not include a licensee's or an
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22 | agency's
letterhead, business cards, or other stationery used | ||||||
23 | in routine business
correspondence or
customary name, address, |
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1 | and number type listings in a telephone directory.
| ||||||
2 | "Alarm system" means any system, including an electronic | ||||||
3 | access control
system, a
surveillance video system, a security | ||||||
4 | video system, a burglar alarm system, a
fire alarm
system, or | ||||||
5 | any other electronic system that activates an audible, | ||||||
6 | visible,
remote, or
recorded signal that is designed for the | ||||||
7 | protection or detection of intrusion,
entry, theft,
fire, | ||||||
8 | vandalism, escape, or trespass, or other electronic systems | ||||||
9 | designed for the protection of life by indicating the | ||||||
10 | existence of an emergency situation. "Alarm system" also | ||||||
11 | includes an emergency communication system and a mass | ||||||
12 | notification system.
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13 | "Applicant" means a person or business applying for | ||||||
14 | licensure, registration, or authorization under this Act. Any | ||||||
15 | applicant or person who holds himself or herself out as an | ||||||
16 | applicant is considered a licensee or registrant for the | ||||||
17 | purposes of enforcement, investigation, hearings, and the | ||||||
18 | Illinois Administrative Procedure Act. | ||||||
19 | "Armed employee" means a licensee or registered person who | ||||||
20 | is employed by an
agency licensed or an armed proprietary | ||||||
21 | security force registered under this
Act who carries a weapon | ||||||
22 | while engaged in the
performance
of official duties within the | ||||||
23 | course and scope of his or her employment during
the hours
and | ||||||
24 | times the employee is scheduled to work or is commuting | ||||||
25 | between his or her
home or
place of employment.
| ||||||
26 | "Armed proprietary security force" means a security force |
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| |||||||
1 | made up of one or
more
armed individuals employed by a | ||||||
2 | commercial or industrial operation or
by a financial | ||||||
3 | institution as security officers
for the
protection of persons | ||||||
4 | or property.
| ||||||
5 | "Board" means the Private Detective, Private Alarm, | ||||||
6 | Private Security, Fingerprint Vendor, and
Locksmith Board.
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7 | "Branch office" means a business location removed from the | ||||||
8 | place of business
for which an agency license has been issued, | ||||||
9 | including, but not limited to,
locations where active employee | ||||||
10 | records that are required to be maintained
under this Act are | ||||||
11 | kept, where prospective new
employees
are processed, or where | ||||||
12 | members of the public are invited in to transact
business. A
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13 | branch office does not include an office or other facility | ||||||
14 | located on the
property of an
existing client that is utilized | ||||||
15 | solely for the benefit of that client and is
not owned or
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16 | leased by the agency.
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17 | "Canine handler" means a person who uses or handles a | ||||||
18 | trained dog
to protect persons or property or
to conduct | ||||||
19 | investigations. | ||||||
20 | "Canine handler authorization card" means a card issued by | ||||||
21 | the Department that authorizes
the holder to use or handle a | ||||||
22 | trained dog to protect persons or property or to conduct
| ||||||
23 | investigations during the performance of his or her duties as | ||||||
24 | specified in this Act. | ||||||
25 | "Canine trainer" means a person who acts as a dog trainer | ||||||
26 | for the purpose of training dogs to protect
persons or |
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1 | property or to conduct investigations. | ||||||
2 | "Canine trainer authorization card" means a card issued by | ||||||
3 | the Department that authorizes the
holder to train a dog to | ||||||
4 | protect persons or property or to conduct investigations | ||||||
5 | during the
performance of his or her duties as specified in | ||||||
6 | this Act. | ||||||
7 | "Canine training facility" means a facility operated by a | ||||||
8 | licensed private detective agency or private
security | ||||||
9 | contractor agency wherein dogs are trained for the purposes of | ||||||
10 | protecting persons or property or to
conduct investigations.
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11 | "Corporation" means an artificial person or legal entity | ||||||
12 | created by or under
the
authority of the laws of a state, | ||||||
13 | including without limitation a corporation,
limited liability | ||||||
14 | company, or any other legal entity.
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15 | "Department" means the Department of Financial and
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16 | Professional Regulation.
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17 | "Emergency communication system" means any system that | ||||||
18 | communicates information about emergencies, including but not | ||||||
19 | limited to fire, terrorist activities, shootings, other | ||||||
20 | dangerous situations, accidents, and natural disasters. | ||||||
21 | "Employee" means a person who works for a person or agency | ||||||
22 | that has the
right to
control the details of the work performed | ||||||
23 | and is not dependent upon whether or
not
federal or state | ||||||
24 | payroll taxes are withheld.
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25 | "Fingerprint vendor" means a person that offers, | ||||||
26 | advertises, or provides services to fingerprint individuals, |
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1 | through electronic or other means, for the purpose of | ||||||
2 | providing fingerprint images and associated demographic data | ||||||
3 | to the Department of State Police for processing fingerprint | ||||||
4 | based criminal history record information inquiries. | ||||||
5 | "Fingerprint vendor agency" means a person, firm, | ||||||
6 | corporation, or other legal entity that engages in the | ||||||
7 | fingerprint vendor business and employs, in addition to the | ||||||
8 | fingerprint vendor licensee-in-charge, at least one other | ||||||
9 | person in conducting that business. | ||||||
10 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
11 | has been designated by a fingerprint vendor agency to be the | ||||||
12 | licensee-in-charge of an agency who is a full-time management | ||||||
13 | employee or owner who assumes sole responsibility for | ||||||
14 | maintaining all records required by this Act and who assumes | ||||||
15 | sole responsibility for assuring the licensed agency's | ||||||
16 | compliance with its responsibilities as stated in this Act. | ||||||
17 | The Department shall adopt rules mandating licensee-in-charge | ||||||
18 | participation in agency affairs.
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19 | "Fire alarm system" means any system that is activated by | ||||||
20 | an automatic or
manual device in the detection of smoke, heat, | ||||||
21 | or fire that activates an
audible, visible, or
remote signal | ||||||
22 | requiring a response.
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23 | "Firearm control card" means a card issued by the | ||||||
24 | Department that
authorizes
the holder, who has complied with | ||||||
25 | the training and other requirements of this Act, to carry a | ||||||
26 | weapon during the performance of his or her duties as
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1 | specified in
this Act.
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2 | "Firm" means an unincorporated business entity, including | ||||||
3 | but not limited to
proprietorships and partnerships.
| ||||||
4 | "Licensee" means a person or business licensed under this | ||||||
5 | Act. Anyone who holds himself or herself out as a licensee or | ||||||
6 | who is accused of unlicensed practice is considered a licensee | ||||||
7 | for purposes of enforcement, investigation, hearings, and the | ||||||
8 | Illinois Administrative Procedure Act. | ||||||
9 | "Locksmith" means
a person who engages in a business or | ||||||
10 | holds himself out to the public as
providing a service that | ||||||
11 | includes, but is not limited to, the servicing,
installing, | ||||||
12 | originating first keys, re-coding, repairing, maintaining,
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13 | manipulating, or bypassing of a mechanical or electronic | ||||||
14 | locking device, access
control or video surveillance system at | ||||||
15 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
16 | automatic teller machines.
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17 | "Locksmith agency" means a person, firm, corporation, or | ||||||
18 | other legal entity
that engages
in the
locksmith business and | ||||||
19 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
20 | least
one other person in conducting such business.
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21 | "Locksmith licensee-in-charge" means a person who has been | ||||||
22 | designated by
agency to be the licensee-in-charge of an | ||||||
23 | agency,
who is a
full-time management employee or owner who | ||||||
24 | assumes sole responsibility
for
maintaining all records | ||||||
25 | required by this Act, and who assumes sole
responsibility for
| ||||||
26 | assuring the licensed agency's compliance with its |
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1 | responsibilities as stated
in this Act. The Department shall | ||||||
2 | adopt rules mandating licensee-in-charge
participation in | ||||||
3 | agency affairs.
| ||||||
4 | "Mass notification system" means any system that is used | ||||||
5 | to provide information and instructions to people in a | ||||||
6 | building or other space using voice communications, including | ||||||
7 | visible signals, text, graphics, tactile, or other | ||||||
8 | communication methods. | ||||||
9 | "Peace officer" or "police officer" means a person who, by | ||||||
10 | virtue of office
or
public
employment, is vested by law with a | ||||||
11 | duty to maintain public order or to make
arrests for
offenses, | ||||||
12 | whether that duty extends to all offenses or is limited to | ||||||
13 | specific
offenses.
Officers, agents, or employees of the | ||||||
14 | federal government commissioned by
federal
statute
to make | ||||||
15 | arrests for violations of federal laws are considered peace | ||||||
16 | officers.
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17 | "Permanent employee registration card" means a card issued | ||||||
18 | by the Department
to an
individual who has applied to the | ||||||
19 | Department and meets the requirements for
employment by a | ||||||
20 | licensed agency under this Act.
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21 | "Person" means a natural person.
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22 | "Private alarm contractor" means a person who engages in a | ||||||
23 | business that
individually or through others undertakes, | ||||||
24 | offers to undertake, purports to
have the
capacity to | ||||||
25 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
26 | maintain, test, inspect,
alter, repair,
replace, or service |
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1 | alarm and other security-related systems or parts thereof,
| ||||||
2 | including fire
alarm systems, at protected premises or | ||||||
3 | premises to be protected or responds to
alarm
systems at a | ||||||
4 | protected premises on an emergency basis and not as a | ||||||
5 | full-time
security officer. "Private alarm contractor" does | ||||||
6 | not include a person, firm,
or
corporation that
manufactures | ||||||
7 | or sells alarm systems
only from its place of business and does | ||||||
8 | not sell, install, monitor, maintain,
alter, repair, replace, | ||||||
9 | service, or respond to alarm systems at protected
premises or | ||||||
10 | premises to be protected.
| ||||||
11 | "Private alarm contractor agency" means a person, | ||||||
12 | corporation, or other
entity
that
engages in the private alarm | ||||||
13 | contracting business and employs, in addition to
the private
| ||||||
14 | alarm contractor-in-charge, at least one other person in | ||||||
15 | conducting such
business.
| ||||||
16 | "Private alarm contractor licensee-in-charge" means a | ||||||
17 | person who has been
designated by an
agency to be the | ||||||
18 | licensee-in-charge of an agency, who is a full-time management
| ||||||
19 | employee or owner who
assumes sole
responsibility for | ||||||
20 | maintaining all records required by this Act, and who
assumes
| ||||||
21 | sole
responsibility for assuring the licensed agency's | ||||||
22 | compliance with its
responsibilities as
stated in this Act.
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23 | The Department shall adopt rules mandating licensee-in-charge | ||||||
24 | participation in
agency affairs.
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25 | "Private detective" means any person who by any means, | ||||||
26 | including, but not
limited to, manual, canine odor detection,
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1 | or electronic methods, engages in the business of, accepts
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2 | employment
to furnish, or agrees to make or makes | ||||||
3 | investigations for a fee or other
consideration to
obtain | ||||||
4 | information relating to:
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5 | (1) Crimes or wrongs done or threatened against the | ||||||
6 | United States, any
state or
territory of the United | ||||||
7 | States, or any local government of a state or
territory.
| ||||||
8 | (2) The identity, habits, conduct, business | ||||||
9 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
10 | trustworthiness, efficiency, loyalty, activity,
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11 | movements, whereabouts, affiliations, associations, | ||||||
12 | transactions, acts,
reputation, or character of any | ||||||
13 | person, firm, or other entity by any means,
manual or | ||||||
14 | electronic.
| ||||||
15 | (3) The location, disposition, or recovery of lost or | ||||||
16 | stolen property.
| ||||||
17 | (4) The cause, origin, or responsibility for fires, | ||||||
18 | accidents, or injuries
to
individuals or real or personal | ||||||
19 | property.
| ||||||
20 | (5) The truth or falsity of any statement or | ||||||
21 | representation.
| ||||||
22 | (6) Securing evidence to be used before any court, | ||||||
23 | board, or investigating
body.
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24 | (7) The protection of individuals from bodily harm or | ||||||
25 | death (bodyguard
functions).
| ||||||
26 | (8) Service of process in criminal and civil |
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1 | proceedings.
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2 | "Private detective agency" means a person, firm, | ||||||
3 | corporation, or other legal
entity that engages
in the
private | ||||||
4 | detective business and employs, in addition to the | ||||||
5 | licensee-in-charge,
one or more
persons in conducting such | ||||||
6 | business.
| ||||||
7 | "Private detective licensee-in-charge" means a person who | ||||||
8 | has been designated
by an agency
to be the licensee-in-charge | ||||||
9 | of an
agency,
who is a full-time management employee or owner
| ||||||
10 | who assumes sole
responsibility
for
maintaining all records | ||||||
11 | required by this Act, and who assumes sole
responsibility
for | ||||||
12 | assuring
the licensed agency's compliance with its | ||||||
13 | responsibilities as stated in this
Act. The Department shall | ||||||
14 | adopt rules mandating licensee-in-charge
participation in | ||||||
15 | agency affairs.
| ||||||
16 | "Private security contractor" means a person who engages | ||||||
17 | in the business of
providing a private security officer, | ||||||
18 | watchman, patrol, guard dog, canine odor detection, or a | ||||||
19 | similar service by
any other
title or name on a contractual | ||||||
20 | basis for another person, firm, corporation, or
other entity
| ||||||
21 | for a fee or other consideration and performing one or more of | ||||||
22 | the following
functions:
| ||||||
23 | (1) The prevention or detection of intrusion, entry, | ||||||
24 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
25 | governmental property.
| ||||||
26 | (2) The prevention, observation, or detection of any |
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1 | unauthorized activity
on
private or governmental property.
| ||||||
2 | (3) The protection of persons authorized to be on the | ||||||
3 | premises of the
person,
firm, or other entity for which | ||||||
4 | the security contractor contractually provides
security | ||||||
5 | services.
| ||||||
6 | (4) The prevention of the misappropriation or | ||||||
7 | concealment of goods, money,
bonds, stocks, notes, | ||||||
8 | documents, or papers.
| ||||||
9 | (5) The control, regulation, or direction of the | ||||||
10 | movement of the public
for
the
time specifically required | ||||||
11 | for the protection of property owned or controlled
by the | ||||||
12 | client.
| ||||||
13 | (6) The protection of individuals from bodily harm or | ||||||
14 | death (bodyguard
functions).
| ||||||
15 | "Private security contractor agency" means a person, firm, | ||||||
16 | corporation, or
other legal entity that
engages in
the private | ||||||
17 | security contractor business and that employs, in addition to | ||||||
18 | the
licensee-in-charge, one or more persons in conducting such | ||||||
19 | business.
| ||||||
20 | "Private security contractor licensee-in-charge" means a | ||||||
21 | person who has been
designated by an agency to be the
| ||||||
22 | licensee-in-charge of an
agency, who is a full-time management | ||||||
23 | employee or owner
who assumes sole responsibility for | ||||||
24 | maintaining all records required by this
Act, and who
assumes | ||||||
25 | sole responsibility for assuring the licensed agency's | ||||||
26 | compliance with
its
responsibilities as
stated in this Act. |
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1 | The Department shall adopt rules mandating
licensee-in-charge | ||||||
2 | participation in agency affairs.
| ||||||
3 | "Public member" means a person who is not a licensee or | ||||||
4 | related to a
licensee, or who is not an employer or employee of | ||||||
5 | a licensee. The term
"related to" shall be determined by the | ||||||
6 | rules of the Department.
| ||||||
7 | "Secretary" means the Secretary of the Department of | ||||||
8 | Financial and Professional Regulation.
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9 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
10 | (225 ILCS 447/15-25)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
12 | Sec. 15-25. Training; private detective and employees.
| ||||||
13 | (a) Registered employees of a private detective agency
| ||||||
14 | shall complete, within 30 days of their employment, a minimum
| ||||||
15 | of 20 hours of basic training provided by a qualified | ||||||
16 | instructor.
The substance of the training shall be related to | ||||||
17 | the work
performed by the registered employee . The training | ||||||
18 | may be classroom-based or online Internet-based but shall not | ||||||
19 | be conducted as on-the-job training and shall include relevant | ||||||
20 | information as to the identification of terrorists, acts of | ||||||
21 | terrorism, and terrorist organizations, as defined by federal | ||||||
22 | and State statutes .
| ||||||
23 | (a-5) In addition to the basic training required in | ||||||
24 | subsection (a), registered employees of a private detective | ||||||
25 | agency shall complete an additional minimum of 8 hours of |
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| |||||||
1 | annual training for every calendar year, commencing with the | ||||||
2 | calendar year beginning after the employee's hire date. | ||||||
3 | (a-10) Annual training for registered employees shall be | ||||||
4 | based on subjects related to the work performed as determined | ||||||
5 | by the employer and may be conducted in a classroom or seminar | ||||||
6 | setting or via Internet-based online learning programs. Annual | ||||||
7 | training may not be conducted as on-the-job training. | ||||||
8 | (b) It is the responsibility of the employer to certify,
| ||||||
9 | on a form provided by the Department, that the employee has
| ||||||
10 | successfully completed the basic and annual training. The | ||||||
11 | original form or a copy shall be a
permanent record of training | ||||||
12 | completed by the employee and
shall be placed in the | ||||||
13 | employee's file with the employer for
the period the employee | ||||||
14 | remains with the employer. An agency
may place a notarized | ||||||
15 | copy of the Department form in lieu of
the original into the | ||||||
16 | permanent employee registration card
file. The original form | ||||||
17 | or a copy shall be given to the employee when
his or her | ||||||
18 | employment is terminated. Failure to return the
original form | ||||||
19 | or a copy to the employee is grounds for disciplinary
action. | ||||||
20 | The employee shall not be required to repeat the
required | ||||||
21 | training once the employee has been issued the form.
An | ||||||
22 | employer may provide or require additional training.
| ||||||
23 | (c) (Blank). Any certification of completion of the | ||||||
24 | 20-hour basic
training issued under the Private Detective, | ||||||
25 | Private Alarm,
Private Security, and Locksmith Act of 1993 or | ||||||
26 | any prior Act
shall be accepted as proof of training under this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (d) All private detectives shall complete a minimum of 8 | ||||||
3 | hours of annual training on a topic of their choosing, | ||||||
4 | provided that the subject matter is reasonably related to | ||||||
5 | their private detective practice. The annual training for | ||||||
6 | private detectives may be completed utilizing any combination | ||||||
7 | of hours obtained in a classroom or seminar setting or via | ||||||
8 | Internet-based online learning programs. The Department shall | ||||||
9 | adopt rules to administer this subsection. | ||||||
10 | (e) The annual training requirements for private | ||||||
11 | detectives shall not apply until the calendar year following | ||||||
12 | the issuance of the private detective license. | ||||||
13 | (f) It shall be the responsibility of the private | ||||||
14 | detective to keep and maintain a personal log of all training | ||||||
15 | hours earned along with sufficient documentation for the | ||||||
16 | Department to verify the annual training completed for at | ||||||
17 | least 5 years. The personal training log and documentation | ||||||
18 | shall be provided to the Department in the same manner as other | ||||||
19 | documentation and records required under this Act. | ||||||
20 | (g) If the private detective owns or is employed by a | ||||||
21 | private detective agency, the private detective agency shall | ||||||
22 | maintain a record of the annual training. The private | ||||||
23 | detective agency must make the record of annual training | ||||||
24 | available to the Department upon request. | ||||||
25 | (h) Recognizing the diverse professional practices of | ||||||
26 | private detectives licensed under this Act, it is the intent |
| |||||||
| |||||||
1 | of the training requirements in this Section to allow for a | ||||||
2 | broad interpretation of the coursework, seminar subjects, or | ||||||
3 | class topics to be considered reasonably related to the | ||||||
4 | practice of any profession licensed under this Act. | ||||||
5 | (i) Notwithstanding any other professional license a | ||||||
6 | private detective holds under this Act, no more than 8 hours of | ||||||
7 | annual training shall be required for any one year. | ||||||
8 | (Source: P.A. 95-613, eff. 9-11-07 .)
| ||||||
9 | (225 ILCS 447/20-20)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
11 | Sec. 20-20. Training; private alarm contractor and
| ||||||
12 | employees. | ||||||
13 | (a) Registered employees of the private alarm contractor
| ||||||
14 | agency who carry a firearm and respond to alarm systems shall
| ||||||
15 | complete, within 30 days of their employment, a minimum of 20
| ||||||
16 | hours of classroom training provided by a qualified instructor
| ||||||
17 | and shall include all of the following subjects:
| ||||||
18 | (1) The law regarding arrest and search and seizure
as | ||||||
19 | it applies to the private alarm industry.
| ||||||
20 | (2) Civil and criminal liability for acts related
to | ||||||
21 | the private alarm industry.
| ||||||
22 | (3) The use of force, including but not limited to
the | ||||||
23 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
24 | stungun, or similar weapon).
| ||||||
25 | (4) Arrest and control techniques.
|
| |||||||
| |||||||
1 | (5) The offenses under the Criminal Code of 2012
that | ||||||
2 | are directly related to the protection of persons and
| ||||||
3 | property.
| ||||||
4 | (6) The law on private alarm forces and on
reporting | ||||||
5 | to law enforcement agencies.
| ||||||
6 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
7 | (8) Civil rights and public relations.
| ||||||
8 | (9) The identification of terrorists, acts of | ||||||
9 | terrorism, and terrorist organizations, as defined by | ||||||
10 | federal and State statutes.
| ||||||
11 | Pursuant to directives set forth by the U.S. Department of | ||||||
12 | Homeland Security and the provisions set forth by the National | ||||||
13 | Fire Protection Association in the National Fire Alarm Code | ||||||
14 | and the Life Safety Code, training may include the | ||||||
15 | installation, repair, and maintenance of emergency | ||||||
16 | communication systems and mass notification systems. | ||||||
17 | (b) All other employees of a private alarm contractor
| ||||||
18 | agency shall complete a minimum of 20 hours of basic training
| ||||||
19 | provided by a qualified instructor within 30 days of their
| ||||||
20 | employment. The training may be provided in a classroom or | ||||||
21 | seminar setting or via Internet-based online learning | ||||||
22 | programs. The substance of the training shall be related to
| ||||||
23 | the work performed by the registered employee.
| ||||||
24 | (c) It is the responsibility of the employer to certify,
| ||||||
25 | on forms provided by the Department, that the employee
has | ||||||
26 | successfully completed the training. The original form or a |
| |||||||
| |||||||
1 | copy shall be a
permanent record of training completed by the | ||||||
2 | employee and
shall be placed in the employee's file with the | ||||||
3 | employer for
the term the employee is retained by the
| ||||||
4 | employer. A private alarm contractor agency may place a
| ||||||
5 | notarized copy of the Department form in lieu of the original
| ||||||
6 | into the permanent employee registration card file. The | ||||||
7 | original
form or a copy shall be returned to the employee when | ||||||
8 | his
or her employment is terminated. Failure to return the | ||||||
9 | original
form or a copy to the employee is grounds for | ||||||
10 | discipline. The employee shall not be
required to
complete the | ||||||
11 | training required under this Act
once the employee has been | ||||||
12 | issued a form.
| ||||||
13 | (d) Nothing in this Act prevents any employer from
| ||||||
14 | providing or requiring additional training beyond the required
| ||||||
15 | 20 hours that the employer feels is necessary and appropriate
| ||||||
16 | for competent job performance.
| ||||||
17 | (e) Any certification of completion of the 20-hour
basic | ||||||
18 | training issued under the Private Detective, Private
Alarm, | ||||||
19 | Private Security, and Locksmith Act of 1993 or any
prior Act | ||||||
20 | shall be accepted as proof of training under this
Act.
| ||||||
21 | (Source: P.A. 96-847, eff. 6-1-10; 97-1150, eff. 1-25-13 .)
| ||||||
22 | (225 ILCS 447/25-20)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 25-20. Training; private security contractor and
| ||||||
25 | employees. |
| |||||||
| |||||||
1 | (a) Registered employees of the private security
| ||||||
2 | contractor agency who provide traditional guarding or other
| ||||||
3 | private security related functions or who respond to alarm
| ||||||
4 | systems shall complete, within 30 days of their employment, a
| ||||||
5 | minimum of 20 hours of classroom basic training , which may be | ||||||
6 | provided in a classroom or seminar setting or via | ||||||
7 | Internet-based online learning programs, and shall be provided | ||||||
8 | by a
qualified instructor, which shall include the following
| ||||||
9 | subjects:
| ||||||
10 | (1) The law regarding arrest and search and seizure
as | ||||||
11 | it applies to private security.
| ||||||
12 | (2) Civil and criminal liability for acts related
to | ||||||
13 | private security.
| ||||||
14 | (3) The use of force, including but not limited to
the | ||||||
15 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
16 | stungun , taser, or similar weapon).
| ||||||
17 | (4) Verbal communication skills Arrest and control | ||||||
18 | techniques .
| ||||||
19 | (5) The offenses under the Criminal Code of 2012
that | ||||||
20 | are directly related to the protection of persons and
| ||||||
21 | property.
| ||||||
22 | (6) Private security officers and the criminal justice | ||||||
23 | system The law on private security forces and on
reporting | ||||||
24 | to law enforcement agencies .
| ||||||
25 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
26 | (8) Report The procedures for
report writing and |
| |||||||
| |||||||
1 | observation techniques .
| ||||||
2 | (9) Customer service, civil Civil rights , and public | ||||||
3 | relations.
| ||||||
4 | (10) The identification of terrorists, acts of | ||||||
5 | terrorism, and terrorist organizations, as defined by | ||||||
6 | federal and State statutes.
| ||||||
7 | (b) All other employees of a private security contractor
| ||||||
8 | agency shall complete a minimum of 20 hours of basic training
| ||||||
9 | provided by the qualified instructor within 30 days of their
| ||||||
10 | employment. The training may be provided in a classroom or | ||||||
11 | seminar setting or via Internet-based online learning | ||||||
12 | programs. The substance of the training shall be related to
| ||||||
13 | the work performed by the registered employee.
| ||||||
14 | (c) Registered employees of the private security | ||||||
15 | contractor agency who
provide
guarding or other private | ||||||
16 | security related functions, in addition to the basic
classroom | ||||||
17 | training
required under subsection (a), within 6 months of | ||||||
18 | their employment,
shall complete
an additional 8 hours of | ||||||
19 | training on subjects to be determined by the
employer, which
| ||||||
20 | training may be site-specific and may be conducted on the job. | ||||||
21 | The training may be provided in a classroom or seminar setting | ||||||
22 | or via Internet-based online learning programs.
| ||||||
23 | (d) In addition to the basic training provided for in | ||||||
24 | subsections (a) and
(c),
registered employees of the private | ||||||
25 | security contractor agency who provide
guarding or other
| ||||||
26 | private security related functions
shall complete an
|
| |||||||
| |||||||
1 | additional
8 hours of refresher training on subjects to be | ||||||
2 | determined by the
employer
each calendar year commencing with | ||||||
3 | the
calendar year
following the employee's first employment | ||||||
4 | anniversary date,
which
refresher training may be | ||||||
5 | site-specific and may be conducted on the job.
| ||||||
6 | (e) It is the responsibility of the employer to certify,
| ||||||
7 | on a form provided by the Department, that the employee has
| ||||||
8 | successfully completed the basic and refresher training. The | ||||||
9 | original
form or a copy shall be a permanent record of training | ||||||
10 | completed by the
employee and shall be placed in the | ||||||
11 | employee's file with the
employer for the period the employee | ||||||
12 | remains with the
employer. An agency may place a notarized | ||||||
13 | copy of the
Department form in lieu of the original into the | ||||||
14 | permanent
employee registration card file. The original form | ||||||
15 | or a copy shall be
given to the employee when his or her | ||||||
16 | employment is
terminated. Failure to return the original form | ||||||
17 | or a copy to the
employee is grounds for disciplinary action. | ||||||
18 | The employee
shall not be required to repeat the required | ||||||
19 | training once the
employee has been issued the form. An | ||||||
20 | employer may provide or
require additional training.
| ||||||
21 | (f) (Blank). Any certification of completion of the | ||||||
22 | 20-hour basic
training issued under the Private Detective, | ||||||
23 | Private Alarm,
Private Security and Locksmith Act of 1993 or | ||||||
24 | any prior Act
shall be accepted as proof of training under this | ||||||
25 | Act.
| ||||||
26 | (g) All private security contractors shall complete a |
| |||||||
| |||||||
1 | minimum of 4 hours of annual training on a topic of their | ||||||
2 | choosing, provided that the subject matter of the training is | ||||||
3 | reasonably related to their private security contractor | ||||||
4 | practice. The training may be provided in a classroom setting | ||||||
5 | or seminar setting or via Internet-based online learning | ||||||
6 | programs. The Department shall adopt rules to administer this | ||||||
7 | subsection. | ||||||
8 | (h) It shall be the responsibility of the private security | ||||||
9 | contractor to keep and maintain a personal log of all training | ||||||
10 | hours earned along with sufficient documentation necessary for | ||||||
11 | the Department to verify the annual training completed for at | ||||||
12 | least 5 years. The personal training log and documentation | ||||||
13 | shall be provided to the Department in the same manner as other | ||||||
14 | documentation and records required under this Act. | ||||||
15 | (i) If the private security contractor owns or is employed | ||||||
16 | by a private security contractor agency, the private security | ||||||
17 | contractor agency shall maintain a record of the annual | ||||||
18 | training. The private security contractor agency must make the | ||||||
19 | record of annual training available to the Department upon | ||||||
20 | request. | ||||||
21 | (j) Recognizing the diverse professional practices of | ||||||
22 | private security contractors licensed under this Act, it is | ||||||
23 | the intent of the training requirements in this Section to | ||||||
24 | allow for a broad interpretation of the coursework, seminar | ||||||
25 | subjects, or class topics to be considered reasonably related | ||||||
26 | to the practice of any profession licensed under this Act. |
| |||||||
| |||||||
1 | (k) Notwithstanding any other professional license a | ||||||
2 | private security contractor holds under this Act, no more than | ||||||
3 | 4 hours of annual training shall be required for any one year. | ||||||
4 | (l) The annual training requirements for private security | ||||||
5 | contractors shall not apply until the calendar year following | ||||||
6 | the issuance of the private security contractor license. | ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13; | ||||||
8 | 98-756, eff. 7-16-14.)
| ||||||
9 | (225 ILCS 447/35-40)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
11 | Sec. 35-40. Firearm control; training requirements.
| ||||||
12 | (a) The Department shall, pursuant to rule, approve or
| ||||||
13 | disapprove training programs for the firearm training course,
| ||||||
14 | which shall be taught by a qualified instructor.
| ||||||
15 | Qualifications for instructors shall be set by rule. The
| ||||||
16 | firearm training course shall be conducted by entities, by a
| ||||||
17 | licensee, or by an agency licensed by this Act, provided the
| ||||||
18 | course is approved by the Department. The firearm course
shall | ||||||
19 | consist of the following minimum requirements:
| ||||||
20 | (1) 48 40 hours of training as follows: , | ||||||
21 | (A) 20 hours consisting of training which shall
be | ||||||
22 | as described in Sections 15-20, 20-20, or 25-20, as
| ||||||
23 | applicable ; , and 20 hours of which shall include all | ||||||
24 | of the
following:
| ||||||
25 | (B) 8 hours consisting of practice firing on a |
| |||||||
| |||||||
1 | range with live ammunition, including, but not limited | ||||||
2 | to, firing a minimum of 50 rounds of live ammunition | ||||||
3 | (factory loaded service ammunition or factory reloaded | ||||||
4 | ammunition) and attaining a minimum score of 70% | ||||||
5 | accuracy with each type of weapon the person is | ||||||
6 | authorized by the Department to carry and for which | ||||||
7 | the person has been trained; and
| ||||||
8 | (C) 20 hours consisting of instruction in: (A) | ||||||
9 | Instruction in | ||||||
10 | (i) the dangers of and misuse
of firearms, | ||||||
11 | their storage, safety rules, and care and
cleaning | ||||||
12 | of firearms ; | ||||||
13 | (ii) defensive tactics for in-holster weapon | ||||||
14 | retention; | ||||||
15 | (iii) .
(B) Practice firing on a range with | ||||||
16 | live
ammunition.
(C) Instruction in the legal use | ||||||
17 | of firearms ; | ||||||
18 | (iv) .
(D) A presentation of the ethical and | ||||||
19 | moral
considerations necessary for any person who | ||||||
20 | possesses a
firearm ; | ||||||
21 | (v) .
(E) A review of the laws regarding | ||||||
22 | arrest,
search, and seizure ; and | ||||||
23 | (vi) liability .
(F) Liability for acts that | ||||||
24 | may be performed
in the course of employment.
| ||||||
25 | (2) An examination shall be given at the completion
of | ||||||
26 | the course. The examination shall consist of a firearms
|
| |||||||
| |||||||
1 | qualification course and a written examination. Successful
| ||||||
2 | completion shall be determined by the Department.
| ||||||
3 | (b) The firearm training requirement may be waived for a | ||||||
4 | licensee or
employee who has completed training provided by | ||||||
5 | the
Illinois Law Enforcement Training Standards Board or the
| ||||||
6 | equivalent public body of another state or is a qualified | ||||||
7 | retired law enforcement officer as defined in the federal Law | ||||||
8 | Enforcement Officers Safety Act of 2004 and is in compliance | ||||||
9 | with all of the requirements of that Act, provided
| ||||||
10 | documentation showing requalification with the weapon on the
| ||||||
11 | firing range is submitted to the Department.
| ||||||
12 | (c) In addition to the training provided for in subsection | ||||||
13 | (a), a licensee or employee in possession of a valid firearm | ||||||
14 | control card shall complete an additional 8 hours of refresher | ||||||
15 | training each calendar year commencing with the calendar year | ||||||
16 | following one year after the date of the issuance of the | ||||||
17 | firearm control card. The 8 hours of training shall consist of | ||||||
18 | practice firing on a range with live ammunition, including, | ||||||
19 | but not limited to, firing a minimum of 50 rounds of live | ||||||
20 | ammunition (factory loaded service ammunition or factory | ||||||
21 | reloaded ammunition) and attaining a minimum score of 70% | ||||||
22 | accuracy with each type of weapon the person is authorized by | ||||||
23 | the Department to carry and for which the person has been | ||||||
24 | trained. | ||||||
25 | (Source: P.A. 98-253, eff. 8-9-13.)
|
| |||||||
| |||||||
1 | (225 ILCS 447/35-45)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 35-45. Armed proprietary security force.
| ||||||
4 | (a) All financial institutions or commercial or industrial | ||||||
5 | operations that employ one or more
armed employees and all | ||||||
6 | commercial or
industrial operations that employ 5 or more | ||||||
7 | persons as armed
employees shall register their security | ||||||
8 | forces
with the Department on forms provided by the | ||||||
9 | Department. Registration subjects the security force to all of | ||||||
10 | the requirements of Section 35-40. For the purposes of this | ||||||
11 | Section,
"financial institution" includes a bank, savings and | ||||||
12 | loan
association, credit union, currency exchange, or company
| ||||||
13 | providing armored car services. | ||||||
14 | (a-1) Commercial or industrial operations that employ less
| ||||||
15 | than 5 persons as armed employees may register their security
| ||||||
16 | forces with the Department on forms provided by the
| ||||||
17 | Department. Registration subjects the security force to all
of | ||||||
18 | the requirements of this Section.
| ||||||
19 | (b) All armed employees of the registered
proprietary | ||||||
20 | security force must complete a 20-hour basic
training course | ||||||
21 | and all the 20-hour firearm training requirements of Section | ||||||
22 | 35-40 .
| ||||||
23 | (c) Every proprietary security force is required to
apply | ||||||
24 | to the Department, on forms supplied by the Department,
for a | ||||||
25 | firearm control card for each armed employee. Each armed
| ||||||
26 | employee shall have his or her fingerprints submitted to the
|
| |||||||
| |||||||
1 | Department of State Police in an electronic format that
| ||||||
2 | complies with the form and manner for requesting and
| ||||||
3 | furnishing criminal history record information as prescribed
| ||||||
4 | by the Department of State Police. These fingerprints shall be
| ||||||
5 | checked against the Department of State Police and Federal
| ||||||
6 | Bureau of Investigation criminal history record databases. The | ||||||
7 | Department of State Police shall
charge the armed employee a | ||||||
8 | fee for conducting the criminal
history records check, which | ||||||
9 | shall be deposited in the State
Police Services Fund and shall | ||||||
10 | not exceed the actual cost of
the records check. The | ||||||
11 | Department of State Police shall
furnish, pursuant to positive | ||||||
12 | identification, records of
Illinois convictions to the | ||||||
13 | Department. The Department may
require armed employees to pay | ||||||
14 | a separate fingerprinting fee,
either to the Department or | ||||||
15 | directly to the vendor. The
Department, in its discretion, may | ||||||
16 | allow an armed employee who
does not have reasonable access to | ||||||
17 | a designated vendor to
provide his or her fingerprints in an | ||||||
18 | alternative manner. The
Department, in its discretion, may | ||||||
19 | also use other procedures
in performing or obtaining criminal | ||||||
20 | background checks of armed
employees. Instead of submitting | ||||||
21 | his or her fingerprints, an
individual may submit proof that | ||||||
22 | is satisfactory to the
Department that an equivalent security | ||||||
23 | clearance has been
conducted. Also, an individual who has | ||||||
24 | retired as a peace
officer within 12 months before application | ||||||
25 | may submit
verification, on forms provided by the Department | ||||||
26 | and signed
by his or her employer, of his or her previous |
| |||||||
| |||||||
1 | full-time
employment as a peace officer.
| ||||||
2 | (d) The Department may provide rules for the
| ||||||
3 | administration of this Section.
| ||||||
4 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
5 | Section 10. The Criminal Code of 2012 is amended by | ||||||
6 | changing Section 24-2 as follows:
| ||||||
7 | (720 ILCS 5/24-2)
| ||||||
8 | Sec. 24-2. Exemptions.
| ||||||
9 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
10 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
11 | the following:
| ||||||
12 | (1) Peace officers, and any person summoned by a peace | ||||||
13 | officer to
assist in making arrests or preserving the | ||||||
14 | peace, while actually engaged in
assisting such officer.
| ||||||
15 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
16 | penitentiaries, jails and other institutions for the | ||||||
17 | detention of persons
accused or convicted of an offense, | ||||||
18 | while in the performance of their
official duty, or while | ||||||
19 | commuting between their homes and places of employment.
| ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States
or the Illinois National Guard or the | ||||||
22 | Reserve Officers Training Corps,
while in the performance | ||||||
23 | of their official duty.
| ||||||
24 | (4) Special agents employed by a railroad or a public |
| |||||||
| |||||||
1 | utility to
perform police functions, and guards of armored | ||||||
2 | car companies, while
actually engaged in the performance | ||||||
3 | of the duties of their employment or
commuting between | ||||||
4 | their homes and places of employment; and watchmen
while | ||||||
5 | actually engaged in the performance of the duties of their | ||||||
6 | employment.
| ||||||
7 | (5) Persons licensed as private security contractors, | ||||||
8 | private
detectives, or private alarm contractors, or | ||||||
9 | employed by a private security contractor, private | ||||||
10 | detective, or private alarm contractor agency licensed
by | ||||||
11 | the Department of Financial and Professional Regulation, | ||||||
12 | if their duties
include the carrying of a weapon under the | ||||||
13 | provisions of the Private
Detective, Private Alarm,
| ||||||
14 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
15 | 2004,
while actually
engaged in the performance of the | ||||||
16 | duties of their employment or commuting
between their | ||||||
17 | homes and places of employment. A person shall be | ||||||
18 | considered eligible for this
exemption if he or she has | ||||||
19 | completed the required 20
hours of training for a private | ||||||
20 | security contractor, private
detective, or private alarm | ||||||
21 | contractor, or employee of a licensed private security | ||||||
22 | contractor, private detective, or private alarm contractor | ||||||
23 | agency and 28 20 hours of required firearm
training, and | ||||||
24 | has been issued a firearm control card by
the Department | ||||||
25 | of Financial and Professional Regulation. Conditions for | ||||||
26 | the renewal of
firearm control cards issued under the |
| |||||||
| |||||||
1 | provisions of this Section
shall be the same as for those | ||||||
2 | cards issued under the provisions of the
Private | ||||||
3 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
4 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
5 | card shall be carried by the private security contractor, | ||||||
6 | private
detective, or private alarm contractor, or | ||||||
7 | employee of the licensed private security contractor, | ||||||
8 | private detective, or private alarm contractor agency at | ||||||
9 | all
times when he or she is in possession of a concealable | ||||||
10 | weapon permitted by his or her firearm control card.
| ||||||
11 | (6) Any person regularly employed in a commercial or | ||||||
12 | industrial
operation as a security guard for the | ||||||
13 | protection of persons employed
and private property | ||||||
14 | related to such commercial or industrial
operation, while | ||||||
15 | actually engaged in the performance of his or her
duty or | ||||||
16 | traveling between sites or properties belonging to the
| ||||||
17 | employer, and who, as a security guard, is a member of a | ||||||
18 | security force registered with the Department of Financial | ||||||
19 | and Professional
Regulation; provided that such security | ||||||
20 | guard has successfully completed a
course of study, | ||||||
21 | approved by and supervised by the Department of
Financial | ||||||
22 | and Professional Regulation, consisting of not less than | ||||||
23 | 48 40 hours of training
that includes the theory of law | ||||||
24 | enforcement, liability for acts, and the
handling of | ||||||
25 | weapons. A person shall be considered eligible for this
| ||||||
26 | exemption if he or she has completed the required 20
hours |
| |||||||
| |||||||
1 | of training for a security officer and 28 20 hours of | ||||||
2 | required firearm
training, and has been issued a firearm | ||||||
3 | control card by
the Department of Financial and | ||||||
4 | Professional Regulation. Conditions for the renewal of
| ||||||
5 | firearm control cards issued under the provisions of this | ||||||
6 | Section
shall be the same as for those cards issued under | ||||||
7 | the provisions of the
Private Detective, Private Alarm,
| ||||||
8 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
9 | 2004. The
firearm control card shall be carried by the | ||||||
10 | security guard at all
times when he or she is in possession | ||||||
11 | of a concealable weapon permitted by his or her firearm | ||||||
12 | control card.
| ||||||
13 | (7) Agents and investigators of the Illinois | ||||||
14 | Legislative Investigating
Commission authorized by the | ||||||
15 | Commission to carry the weapons specified in
subsections | ||||||
16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
17 | any investigation for the Commission.
| ||||||
18 | (8) Persons employed by a financial institution as a | ||||||
19 | security guard for the protection of
other employees and | ||||||
20 | property related to such financial institution, while
| ||||||
21 | actually engaged in the performance of their duties, | ||||||
22 | commuting between
their homes and places of employment, or | ||||||
23 | traveling between sites or
properties owned or operated by | ||||||
24 | such financial institution, and who, as a security guard, | ||||||
25 | is a member of a security force registered with the | ||||||
26 | Department; provided that
any person so employed has |
| |||||||
| |||||||
1 | successfully completed a course of study,
approved by and | ||||||
2 | supervised by the Department of Financial and Professional | ||||||
3 | Regulation,
consisting of not less than 48 40 hours of | ||||||
4 | training which includes theory of
law enforcement, | ||||||
5 | liability for acts, and the handling of weapons.
A person | ||||||
6 | shall be considered to be eligible for this exemption if | ||||||
7 | he or
she has completed the required 20 hours of training | ||||||
8 | for a security officer
and 28 20 hours of required firearm | ||||||
9 | training, and has been issued a
firearm control card by | ||||||
10 | the Department of Financial and Professional Regulation.
| ||||||
11 | Conditions for renewal of firearm control cards issued | ||||||
12 | under the
provisions of this Section shall be the same as | ||||||
13 | for those issued under the
provisions of the Private | ||||||
14 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
16 | card shall be carried by the security guard at all times | ||||||
17 | when he or she is in possession of a concealable
weapon | ||||||
18 | permitted by his or her firearm control card. For purposes | ||||||
19 | of this subsection, "financial institution" means a
bank, | ||||||
20 | savings and loan association, credit union or company | ||||||
21 | providing
armored car services.
| ||||||
22 | (9) Any person employed by an armored car company to | ||||||
23 | drive an armored
car, while actually engaged in the | ||||||
24 | performance of his duties.
| ||||||
25 | (10) Persons who have been classified as peace | ||||||
26 | officers pursuant
to the Peace Officer Fire Investigation |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (11) Investigators of the Office of the State's | ||||||
3 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
4 | governors of the Office of the
State's Attorneys Appellate | ||||||
5 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
6 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
7 | (12) Special investigators appointed by a State's | ||||||
8 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
9 | (12.5) Probation officers while in the performance of | ||||||
10 | their duties, or
while commuting between their homes, | ||||||
11 | places of employment or specific locations
that are part | ||||||
12 | of their assigned duties, with the consent of the chief | ||||||
13 | judge of
the circuit for which they are employed, if they | ||||||
14 | have received weapons training according
to requirements | ||||||
15 | of the Peace Officer and Probation Officer Firearm | ||||||
16 | Training Act.
| ||||||
17 | (13) Court Security Officers while in the performance | ||||||
18 | of their official
duties, or while commuting between their | ||||||
19 | homes and places of employment, with
the
consent of the | ||||||
20 | Sheriff.
| ||||||
21 | (13.5) A person employed as an armed security guard at | ||||||
22 | a nuclear energy,
storage, weapons or development site or | ||||||
23 | facility regulated by the Nuclear
Regulatory Commission | ||||||
24 | who has completed the background screening and training
| ||||||
25 | mandated by the rules and regulations of the Nuclear | ||||||
26 | Regulatory Commission.
|
| |||||||
| |||||||
1 | (14) Manufacture, transportation, or sale of weapons | ||||||
2 | to
persons
authorized under subdivisions (1) through | ||||||
3 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
4 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
5 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
6 | or handgun and the person has been issued a currently valid | ||||||
7 | license under the Firearm Concealed Carry Act at the time of | ||||||
8 | the commission of the offense. | ||||||
9 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
10 | to
or affect a qualified current or retired law enforcement | ||||||
11 | officer qualified under the laws of this State or under the | ||||||
12 | federal Law Enforcement Officers Safety Act. | ||||||
13 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
14 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
15 | (1) Members of any club or organization organized for | ||||||
16 | the purpose of
practicing shooting at targets upon | ||||||
17 | established target ranges, whether
public or private, and | ||||||
18 | patrons of such ranges, while such members
or patrons are | ||||||
19 | using their firearms on those target ranges.
| ||||||
20 | (2) Duly authorized military or civil organizations | ||||||
21 | while parading,
with the special permission of the | ||||||
22 | Governor.
| ||||||
23 | (3) Hunters, trappers or fishermen with a license or
| ||||||
24 | permit while engaged in hunting,
trapping or fishing.
| ||||||
25 | (4) Transportation of weapons that are broken down in | ||||||
26 | a
non-functioning state or are not immediately accessible.
|
| |||||||
| |||||||
1 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
2 | gun or taser or other firearm on the land or in the legal | ||||||
3 | dwelling of another person as an invitee with that | ||||||
4 | person's permission. | ||||||
5 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
6 | of the
following:
| ||||||
7 | (1) Peace officers while in performance of their | ||||||
8 | official duties.
| ||||||
9 | (2) Wardens, superintendents and keepers of prisons, | ||||||
10 | penitentiaries,
jails and other institutions for the | ||||||
11 | detention of persons accused or
convicted of an offense.
| ||||||
12 | (3) Members of the Armed Services or Reserve Forces of | ||||||
13 | the United States
or the Illinois National Guard, while in | ||||||
14 | the performance of their official
duty.
| ||||||
15 | (4) Manufacture, transportation, or sale of machine | ||||||
16 | guns to persons
authorized under subdivisions (1) through | ||||||
17 | (3) of this subsection to
possess machine guns, if the | ||||||
18 | machine guns are broken down in a
non-functioning state or | ||||||
19 | are not immediately accessible.
| ||||||
20 | (5) Persons licensed under federal law to manufacture | ||||||
21 | any weapon from
which 8 or more shots or bullets can be | ||||||
22 | discharged by a
single function of the firing device, or | ||||||
23 | ammunition for such weapons, and
actually engaged in the | ||||||
24 | business of manufacturing such weapons or
ammunition, but | ||||||
25 | only with respect to activities which are within the | ||||||
26 | lawful
scope of such business, such as the manufacture, |
| |||||||
| |||||||
1 | transportation, or testing
of such weapons or ammunition. | ||||||
2 | This exemption does not authorize the
general private | ||||||
3 | possession of any weapon from which 8 or more
shots or | ||||||
4 | bullets can be discharged by a single function of the | ||||||
5 | firing
device, but only such possession and activities as | ||||||
6 | are within the lawful
scope of a licensed manufacturing | ||||||
7 | business described in this paragraph.
| ||||||
8 | During transportation, such weapons shall be broken | ||||||
9 | down in a
non-functioning state or not immediately | ||||||
10 | accessible.
| ||||||
11 | (6) The manufacture, transport, testing, delivery, | ||||||
12 | transfer or sale,
and all lawful commercial or | ||||||
13 | experimental activities necessary thereto, of
rifles, | ||||||
14 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
15 | ammunition for such rifles, shotguns or weapons, where | ||||||
16 | engaged in
by a person operating as a contractor or | ||||||
17 | subcontractor pursuant to a
contract or subcontract for | ||||||
18 | the development and supply of such rifles,
shotguns, | ||||||
19 | weapons or ammunition to the United States government or | ||||||
20 | any
branch of the Armed Forces of the United States, when | ||||||
21 | such activities are
necessary and incident to fulfilling | ||||||
22 | the terms of such contract.
| ||||||
23 | The exemption granted under this subdivision (c)(6)
| ||||||
24 | shall also apply to any authorized agent of any such | ||||||
25 | contractor or
subcontractor who is operating within the | ||||||
26 | scope of his employment, where
such activities involving |
| |||||||
| |||||||
1 | such weapon, weapons or ammunition are necessary
and | ||||||
2 | incident to fulfilling the terms of such contract.
| ||||||
3 | (7) A person possessing a rifle with a barrel or | ||||||
4 | barrels less than 16 inches in length if: (A) the person | ||||||
5 | has been issued a Curios and Relics license from the U.S. | ||||||
6 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
7 | (B) the person is an active member of a bona fide, | ||||||
8 | nationally recognized military re-enacting group and the | ||||||
9 | modification is required and necessary to accurately | ||||||
10 | portray the weapon for historical re-enactment purposes; | ||||||
11 | the re-enactor is in possession of a valid and current | ||||||
12 | re-enacting group membership credential; and the overall | ||||||
13 | length of the weapon as modified is not less than 26 | ||||||
14 | inches. | ||||||
15 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
16 | possession
or carrying of a black-jack or slung-shot by a | ||||||
17 | peace officer.
| ||||||
18 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
19 | manager or
authorized employee of any place specified in that | ||||||
20 | subsection nor to any
law enforcement officer.
| ||||||
21 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
22 | Section 24-1.6
do not apply
to members of any club or | ||||||
23 | organization organized for the purpose of practicing
shooting | ||||||
24 | at targets upon established target ranges, whether public or | ||||||
25 | private,
while using their firearms on those target ranges.
| ||||||
26 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
| |||||||
| |||||||
1 | to:
| ||||||
2 | (1) Members of the Armed Services or Reserve Forces of | ||||||
3 | the United
States or the Illinois National Guard, while in | ||||||
4 | the performance of their
official duty.
| ||||||
5 | (2) Bonafide collectors of antique or surplus military | ||||||
6 | ordnance.
| ||||||
7 | (3) Laboratories having a department of forensic | ||||||
8 | ballistics, or
specializing in the development of | ||||||
9 | ammunition or explosive ordnance.
| ||||||
10 | (4) Commerce, preparation, assembly or possession of | ||||||
11 | explosive
bullets by manufacturers of ammunition licensed | ||||||
12 | by the federal government,
in connection with the supply | ||||||
13 | of those organizations and persons exempted
by subdivision | ||||||
14 | (g)(1) of this Section, or like organizations and persons
| ||||||
15 | outside this State, or the transportation of explosive | ||||||
16 | bullets to any
organization or person exempted in this | ||||||
17 | Section by a common carrier or by a
vehicle owned or leased | ||||||
18 | by an exempted manufacturer.
| ||||||
19 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
20 | persons licensed
under federal law to manufacture any device | ||||||
21 | or attachment of any kind designed,
used, or intended for use | ||||||
22 | in silencing the report of any firearm, firearms, or
| ||||||
23 | ammunition
for those firearms equipped with those devices, and | ||||||
24 | actually engaged in the
business of manufacturing those | ||||||
25 | devices, firearms, or ammunition, but only with
respect to
| ||||||
26 | activities that are within the lawful scope of that business, |
| |||||||
| |||||||
1 | such as the
manufacture, transportation, or testing of those | ||||||
2 | devices, firearms, or
ammunition. This
exemption does not | ||||||
3 | authorize the general private possession of any device or
| ||||||
4 | attachment of any kind designed, used, or intended for use in | ||||||
5 | silencing the
report of any firearm, but only such possession | ||||||
6 | and activities as are within
the
lawful scope of a licensed | ||||||
7 | manufacturing business described in this subsection
(g-5). | ||||||
8 | During transportation, these devices shall be detached from | ||||||
9 | any weapon
or
not immediately accessible.
| ||||||
10 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
11 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
12 | supervisor who meets the qualifications and conditions | ||||||
13 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
14 | Corrections. | ||||||
15 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
16 | officer while serving as a member of a tactical response team | ||||||
17 | or special operations team. A peace officer may not personally | ||||||
18 | own or apply for ownership of a device or attachment of any | ||||||
19 | kind designed, used, or intended for use in silencing the | ||||||
20 | report of any firearm. These devices shall be owned and | ||||||
21 | maintained by lawfully recognized units of government whose | ||||||
22 | duties include the investigation of criminal acts. | ||||||
23 | (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
24 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
25 | athlete's possession, transport on official Olympic and | ||||||
26 | Paralympic transit systems established for athletes, or use of |
| |||||||
| |||||||
1 | competition firearms sanctioned by the International Olympic | ||||||
2 | Committee, the International Paralympic Committee, the | ||||||
3 | International Shooting Sport Federation, or USA Shooting in | ||||||
4 | connection with such athlete's training for and participation | ||||||
5 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
6 | Games and sanctioned test events leading up to the 2016 | ||||||
7 | Olympic and Paralympic Games. | ||||||
8 | (h) An information or indictment based upon a violation of | ||||||
9 | any
subsection of this Article need not negative any | ||||||
10 | exemptions contained in
this Article. The defendant shall have | ||||||
11 | the burden of proving such an
exemption.
| ||||||
12 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
13 | affect
the transportation, carrying, or possession, of any | ||||||
14 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
15 | consigned to a common carrier operating
under license of the | ||||||
16 | State of Illinois or the federal government, where
such | ||||||
17 | transportation, carrying, or possession is incident to the | ||||||
18 | lawful
transportation in which such common carrier is engaged; | ||||||
19 | and nothing in this
Article shall prohibit, apply to, or | ||||||
20 | affect the transportation, carrying,
or possession of any | ||||||
21 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
22 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
23 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
24 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
25 | other container, by the possessor of a valid
Firearm Owners | ||||||
26 | Identification Card.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
|