HB2395 Engrossed LRB103 28370 AMQ 54750 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by
5		changing Sections 4.34 and 4.39 as follows:
6		(5 ILCS 80/4.34)
7		Sec. 4.34. Acts and Section repealed on January 1, 2024.
8		The following Acts and Section of an Act are repealed on
9		January 1, 2024:
10		The Crematory Regulation Act.
11		The Electrologist Licensing Act.
12		The Illinois Certified Shorthand Reporters Act of
13		1984.
14		The Illinois Occupational Therapy Practice Act.
15		The Illinois Public Accounting Act.
16		The Private Detective, Private Alarm, Private
17		Security, Fingerprint Vendor, and Locksmith Act of 2004.
18		The Registered Surgical Assistant and Registered
19		Surgical Technologist Title Protection Act.
20		Section 2.5 of the Illinois Plumbing License Law.
21		The Veterinary Medicine and Surgery Practice Act of
22		2004.
23		(Source: P.A. 102-291, eff. 8-6-21.)

HB2395 Engrossed - 2 - LRB103 28370 AMQ 54750 b
1		(5 ILCS 80/4.39)
2		Sec. 4.39. Acts repealed on January 1, 2029 and December
3		31, 2029.
4		(a) The following Act is repealed on January 1, 2029:
5		The Environmental Health Practitioner Licensing Act.
6		The Private Detective, Private Alarm, Private
7		Security, Fingerprint Vendor, and Locksmith Act of 2004.
8		(b) The following Act is repealed on December 31, 2029:
9		The Structural Pest Control Act.
10		(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
11		101-81, eff. 7-12-19.)
12		Section 10. The Private Detective, Private Alarm, Private
13		Security, Fingerprint Vendor, and Locksmith Act of 2004 is
14		amended by changing Sections 5-10, 10-5, 10-20, 10-37, 10-45,
15		15-5, 15-10, 15-15, 15-25, 20-10, 20-15, 20-20, 25-5, 25-10,
16		25-15, 25-20, 25-30, 30-5, 30-10, 30-15, 30-20, 30-30, 31-5,
17		31-10, 31-15, 31-20, 35-5, 35-10, 35-15, 35-25, 35-30, 35-35,
18		35-43, 35-45, 40-5, 40-10, 40-20, 40-25, 40-30, 45-10, 45-15,
19		45-40, 45-55, 50-5, 50-10, 50-15, 50-20, and 50-45 as follows:
20		(225 ILCS 447/5-10)
21		(Section scheduled to be repealed on January 1, 2024)
22		Sec. 5-10. Definitions. As used in this Act:
23		"Address of record" means the designated address recorded

HB2395 Engrossed - 3 - LRB103 28370 AMQ 54750 b
1		by the Department in the applicant's application file or the
2		licensee's license file, as maintained by the Department's
3		licensure maintenance unit.
4		"Advertisement" means any public media, including printed
5		or electronic material, that is published or displayed in a
6		phone book, newspaper, magazine, pamphlet, newsletter,
7		website, or other similar type of publication or electronic
8		format that is intended to either attract business or merely
9		provide contact information to the public for an agency or
10		licensee. Advertisement shall not include a licensee's or an
11		agency's letterhead, business cards, or other stationery used
12		in routine business correspondence or customary name, address,
13		and number type listings in a telephone directory.
14		"Alarm system" means any system, including an electronic
15		access control system, a surveillance video system, a security
16		video system, a burglar alarm system, a fire alarm system, or
17		any other electronic system that activates an audible,
18		visible, remote, or recorded signal that is designed for the
19		protection or detection of intrusion, entry, theft, fire,
20		vandalism, escape, or trespass, or other electronic systems
21		designed for the protection of life by indicating the
22		existence of an emergency situation. "Alarm system" also
23		includes an emergency communication system and a mass
24		notification system.
25		"Applicant" means a person or business applying for
26		licensure, registration, or authorization under this Act. Any

HB2395 Engrossed - 4 - LRB103 28370 AMQ 54750 b
1		applicant or person who holds oneself himself or herself out
2		as an applicant is considered a licensee or registrant for the
3		purposes of enforcement, investigation, hearings, and the
4		Illinois Administrative Procedure Act.
5		"Armed employee" means a licensee or registered person who
6		is employed by an agency licensed or an armed proprietary
7		security force registered under this Act who carries a weapon
8		while engaged in the performance of official duties within the
9		course and scope of the employee's his or her employment
10		during the hours and times the employee is scheduled to work or
11		is commuting between the employee's his or her home or place of
12		employment.
13		"Armed proprietary security force" means a security force
14		made up of one or more armed individuals employed by a
15		commercial or industrial operation or by a financial
16		institution as security officers for the protection of persons
17		or property.
18		"Board" means the Private Detective, Private Alarm,
19		Private Security, Fingerprint Vendor, and Locksmith Board.
20		"Branch office" means a business location removed from the
21		place of business for which an agency license has been issued,
22		including, but not limited to, locations where active employee
23		records that are required to be maintained under this Act are
24		kept, where prospective new employees are processed, or where
25		members of the public are invited in to transact business. A
26		branch office does not include an office or other facility

HB2395 Engrossed - 5 - LRB103 28370 AMQ 54750 b
1		located on the property of an existing client that is utilized
2		solely for the benefit of that client and is not owned or
3		leased by the agency.
4		"Canine handler" means a person who uses or handles a
5		trained dog to protect persons or property or to conduct
6		investigations.
7		"Canine handler authorization card" means a card issued by
8		the Department that authorizes the holder to use or handle a
9		trained dog to protect persons or property or to conduct
10		investigations during the performance of the holder's his or
11		her duties as specified in this Act.
12		"Canine trainer" means a person who acts as a dog trainer
13		for the purpose of training dogs to protect persons or
14		property or to conduct investigations.
15		"Canine trainer authorization card" means a card issued by
16		the Department that authorizes the holder to train a dog to
17		protect persons or property or to conduct investigations
18		during the performance of the holder's his or her duties as
19		specified in this Act.
20		"Canine training facility" means a facility operated by a
21		licensed private detective agency or private security
22		contractor agency wherein dogs are trained for the purposes of
23		protecting persons or property or to conduct investigations.
24		"Corporation" means an artificial person or legal entity
25		created by or under the authority of the laws of a state,
26		including without limitation a corporation, limited liability

HB2395 Engrossed - 6 - LRB103 28370 AMQ 54750 b
1		company, or any other legal entity.
2		"Department" means the Department of Financial and
3		Professional Regulation.
4		"Email address of record" means the designated email
5		address recorded by the Department in the applicant's
6		application file or the licensee's license file, as maintained
7		by the Department's licensure maintenance unit.
8		"Emergency communication system" means any system that
9		communicates information about emergencies, including but not
10		limited to fire, terrorist activities, shootings, other
11		dangerous situations, accidents, and natural disasters.
12		"Employee" means a person who works for a person or agency
13		that has the right to control the details of the work performed
14		and is not dependent upon whether or not federal or state
15		payroll taxes are withheld.
16		"Fingerprint vendor" means a person that offers,
17		advertises, or provides services to fingerprint individuals,
18		through electronic or other means, for the purpose of
19		providing fingerprint images and associated demographic data
20		to the Illinois State Police for processing fingerprint based
21		criminal history record information inquiries.
22		"Fingerprint vendor agency" means a person, firm,
23		corporation, or other legal entity that engages in the
24		fingerprint vendor business and employs, in addition to the
25		fingerprint vendor licensee-in-charge, at least one other
26		person in conducting that business.

HB2395 Engrossed - 7 - LRB103 28370 AMQ 54750 b
1		"Fingerprint vendor licensee-in-charge" means a person who
2		has been designated by a fingerprint vendor agency to be the
3		licensee-in-charge of an agency who is a full-time management
4		employee or owner who assumes sole responsibility for
5		maintaining all records required by this Act and who assumes
6		sole responsibility for assuring the licensed agency's
7		compliance with its responsibilities as stated in this Act.
8		The Department shall adopt rules mandating licensee-in-charge
9		participation in agency affairs.
10		"Fire alarm system" means any system that is activated by
11		an automatic or manual device in the detection of smoke, heat,
12		or fire that activates an audible, visible, or remote signal
13		requiring a response.
14		"Firearm control card" means a card issued by the
15		Department that authorizes the holder, who has complied with
16		the training and other requirements of this Act, to carry a
17		weapon during the performance of the holder's his or her
18		duties as specified in this Act.
19		"Firm" means an unincorporated business entity, including
20		but not limited to proprietorships and partnerships.
21		"Licensee" means a person or business licensed under this
22		Act. Anyone who holds oneself himself or herself out as a
23		licensee or who is accused of unlicensed practice is
24		considered a licensee for purposes of enforcement,
25		investigation, hearings, and the Illinois Administrative
26		Procedure Act.

HB2395 Engrossed - 8 - LRB103 28370 AMQ 54750 b
1		"Locksmith" means a person who engages in a business or
2		holds oneself himself out to the public as providing a service
3		that includes, but is not limited to, the servicing,
4		installing, originating first keys, re-coding, repairing,
5		maintaining, manipulating, or bypassing of a mechanical or
6		electronic locking device, access control or video
7		surveillance system at premises, vehicles, safes, vaults, safe
8		deposit boxes, or automatic teller machines.
9		"Locksmith agency" means a person, firm, corporation, or
10		other legal entity that engages in the locksmith business and
11		employs, in addition to the locksmith licensee-in-charge, at
12		least one other person in conducting such business.
13		"Locksmith licensee-in-charge" means a person who has been
14		designated by agency to be the licensee-in-charge of an
15		agency, who is a full-time management employee or owner who
16		assumes sole responsibility for maintaining all records
17		required by this Act, and who assumes sole responsibility for
18		assuring the licensed agency's compliance with its
19		responsibilities as stated in this Act. The Department shall
20		adopt rules mandating licensee-in-charge participation in
21		agency affairs.
22		"Mass notification system" means any system that is used
23		to provide information and instructions to people in a
24		building or other space using voice communications, including
25		visible signals, text, graphics, tactile, or other
26		communication methods.

HB2395 Engrossed - 9 - LRB103 28370 AMQ 54750 b
1		"Peace officer" or "police officer" means a person who, by
2		virtue of office or public employment, is vested by law with a
3		duty to maintain public order or to make arrests for offenses,
4		whether that duty extends to all offenses or is limited to
5		specific offenses. Officers, agents, or employees of the
6		federal government commissioned by federal statute to make
7		arrests for violations of federal laws are considered peace
8		officers.
9		"Permanent employee registration card" means a card issued
10		by the Department to an individual who has applied to the
11		Department and meets the requirements for employment by a
12		licensed agency under this Act.
13		"Person" means a natural person.
14		"Private alarm contractor" means a person who engages in a
15		business that individually or through others undertakes,
16		offers to undertake, purports to have the capacity to
17		undertake, or submits a bid to sell, install, design, monitor,
18		maintain, test, inspect, alter, repair, replace, or service
19		alarm and other security-related systems or parts thereof,
20		including fire alarm systems, at protected premises or
21		premises to be protected or responds to alarm systems at a
22		protected premises on an emergency basis and not as a
23		full-time security officer. "Private alarm contractor" does
24		not include a person, firm, or corporation that manufactures
25		or sells alarm systems only from its place of business and does
26		not sell, install, monitor, maintain, alter, repair, replace,

HB2395 Engrossed - 10 - LRB103 28370 AMQ 54750 b
1		service, or respond to alarm systems at protected premises or
2		premises to be protected.
3		"Private alarm contractor agency" means a person,
4		corporation, or other entity that engages in the private alarm
5		contracting business and employs, in addition to the private
6		alarm contractor-in-charge, at least one other person in
7		conducting such business.
8		"Private alarm contractor licensee-in-charge" means a
9		person who has been designated by an agency to be the
10		licensee-in-charge of an agency, who is a full-time management
11		employee or owner who assumes sole responsibility for
12		maintaining all records required by this Act, and who assumes
13		sole responsibility for assuring the licensed agency's
14		compliance with its responsibilities as stated in this Act.
15		The Department shall adopt rules mandating licensee-in-charge
16		participation in agency affairs.
17		"Private detective" means any person who by any means,
18		including, but not limited to, manual, canine odor detection,
19		or electronic methods, engages in the business of, accepts
20		employment to furnish, or agrees to make or makes
21		investigations for a fee or other consideration to obtain
22		information relating to:
23		(1) Crimes or wrongs done or threatened against the
24		United States, any state or territory of the United
25		States, or any local government of a state or territory.
26		(2) The identity, habits, conduct, business

HB2395 Engrossed - 11 - LRB103 28370 AMQ 54750 b
1		occupation, honesty, integrity, credibility, knowledge,
2		trustworthiness, efficiency, loyalty, activity,
3		movements, whereabouts, affiliations, associations,
4		transactions, acts, reputation, or character of any
5		person, firm, or other entity by any means, manual or
6		electronic.
7		(3) The location, disposition, or recovery of lost or
8		stolen property.
9		(4) The cause, origin, or responsibility for fires,
10		accidents, or injuries to individuals or real or personal
11		property.
12		(5) The truth or falsity of any statement or
13		representation.
14		(6) Securing evidence to be used before any court,
15		board, or investigating body.
16		(7) The protection of individuals from bodily harm or
17		death (bodyguard functions).
18		(8) Service of process in criminal and civil
19		proceedings.
20		"Private detective agency" means a person, firm,
21		corporation, or other legal entity that engages in the private
22		detective business and employs, in addition to the
23		licensee-in-charge, one or more persons in conducting such
24		business.
25		"Private detective licensee-in-charge" means a person who
26		has been designated by an agency to be the licensee-in-charge

HB2395 Engrossed - 12 - LRB103 28370 AMQ 54750 b
1		of an agency, who is a full-time management employee or owner
2		who assumes sole responsibility for maintaining all records
3		required by this Act, and who assumes sole responsibility for
4		assuring the licensed agency's compliance with its
5		responsibilities as stated in this Act. The Department shall
6		adopt rules mandating licensee-in-charge participation in
7		agency affairs.
8		"Private security contractor" means a person who engages
9		in the business of providing a private security officer,
10		watchman, patrol, guard dog, canine odor detection, or a
11		similar service by any other title or name on a contractual
12		basis for another person, firm, corporation, or other entity
13		for a fee or other consideration and performing one or more of
14		the following functions:
15		(1) The prevention or detection of intrusion, entry,
16		theft, vandalism, abuse, fire, or trespass on private or
17		governmental property.
18		(2) The prevention, observation, or detection of any
19		unauthorized activity on private or governmental property.
20		(3) The protection of persons authorized to be on the
21		premises of the person, firm, or other entity for which
22		the security contractor contractually provides security
23		services.
24		(4) The prevention of the misappropriation or
25		concealment of goods, money, bonds, stocks, notes,
26		documents, or papers.

HB2395 Engrossed - 13 - LRB103 28370 AMQ 54750 b
1		(5) The control, regulation, or direction of the
2		movement of the public for the time specifically required
3		for the protection of property owned or controlled by the
4		client.
5		(6) The protection of individuals from bodily harm or
6		death (bodyguard functions).
7		"Private security contractor agency" means a person, firm,
8		corporation, or other legal entity that engages in the private
9		security contractor business and that employs, in addition to
10		the licensee-in-charge, one or more persons in conducting such
11		business.
12		"Private security contractor licensee-in-charge" means a
13		person who has been designated by an agency to be the
14		licensee-in-charge of an agency, who is a full-time management
15		employee or owner who assumes sole responsibility for
16		maintaining all records required by this Act, and who assumes
17		sole responsibility for assuring the licensed agency's
18		compliance with its responsibilities as stated in this Act.
19		The Department shall adopt rules mandating licensee-in-charge
20		participation in agency affairs.
21		"Public member" means a person who is not a licensee or
22		related to a licensee, or who is not an employer or employee of
23		a licensee. The term "related to" shall be determined by the
24		rules of the Department.
25		"Secretary" means the Secretary of the Department of
26		Financial and Professional Regulation.

HB2395 Engrossed - 14 - LRB103 28370 AMQ 54750 b
1		(Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21;
2		102-813, eff. 5-13-22.)
3		(225 ILCS 447/10-5)
4		(Section scheduled to be repealed on January 1, 2024)
5		Sec. 10-5. Requirement of license.
6		(a) It is unlawful for a person to act as or provide the
7		functions of a private detective, private security contractor,
8		private alarm contractor, fingerprint vendor, or locksmith or
9		to advertise or to assume to act as any one of these, or to use
10		these or any other title implying that the person is engaged in
11		any of these activities unless licensed as such by the
12		Department. An individual or sole proprietor who does not
13		employ any employees other than himself or herself may operate
14		under a "doing business as" or assumed name certification
15		without having to obtain an agency license, so long as the
16		assumed name is first registered with the Department.
17		(b) It is unlawful for a person, firm, corporation, or
18		other legal entity to act as an agency licensed under this Act,
19		to advertise, or to assume to act as a licensed agency or to
20		use a title implying that the person, firm, or other entity is
21		engaged in the practice as a private detective agency, private
22		security contractor agency, private alarm contractor agency,
23		fingerprint vendor agency, or locksmith agency unless licensed
24		by the Department.
25		(c) No agency shall operate a branch office without first

HB2395 Engrossed - 15 - LRB103 28370 AMQ 54750 b
1		applying for and receiving a branch office license for each
2		location.
3		(d) It Beginning 12 months after the adoption of rules
4		providing for the licensure of fingerprint vendors under this
5		Act, it is unlawful for a person to operate live scan
6		fingerprint equipment or other equipment designed to obtain
7		fingerprint images for the purpose of providing fingerprint
8		images and associated demographic data to the Illinois State
9		Police, unless the person he or she has successfully completed
10		a fingerprint training course conducted or authorized by the
11		Illinois State Police and is licensed as a fingerprint vendor.
12		(e) No Beginning 12 months after the adoption of rules
13		providing for the licensure of canine handlers and canine
14		trainers under this Act, no person shall operate a canine
15		training facility unless licensed as a private detective
16		agency or private security contractor agency under this Act,
17		and no person shall act as a canine trainer unless the person
18		he or she is licensed as a private detective or private
19		security contractor or is a registered employee of a private
20		detective agency or private security contractor agency
21		approved by the Department.
22		(Source: P.A. 102-538, eff. 8-20-21.)
23		(225 ILCS 447/10-20)
24		(Section scheduled to be repealed on January 1, 2024)
25		Sec. 10-20. Application for license; forms.

HB2395 Engrossed - 16 - LRB103 28370 AMQ 54750 b
1		(a) Each license application shall be on forms provided by
2		the Department.
3		(b) Application for a license by endorsement shall be made
4		in accordance with the provisions of Section 10-40.
5		(c) Every application for an original license shall
6		include the applicant's Social Security number or individual
7		taxpayer identification number, which shall be retained in the
8		agency's records pertaining to the license. As soon as
9		practical, the Department shall assign a customer's
10		identification number to each applicant for a license.
11		Every application for a renewal or restored license shall
12		require the applicant's customer identification number.
13		(Source: P.A. 97-400, eff. 1-1-12.)
14		(225 ILCS 447/10-37)
15		(Section scheduled to be repealed on January 1, 2024)
16		Sec. 10-37. Address of record; email address of record.
17		All applicants and licensees shall:
18		(1) provide a valid address and email address to the
19		Department, which serves as the address of record and
20		email address of record, respectively, at the time of
21		application for licensure or renewal of a license; and
22		(2) It is the duty of the applicant or licensee to
23		inform the Department of any change of address within 14
24		days after such change either through the Department's
25		website or by contacting the Department's licensure

HB2395 Engrossed - 17 - LRB103 28370 AMQ 54750 b
1		maintenance unit.
2		(Source: P.A. 96-1445, eff. 8-20-10.)
3		(225 ILCS 447/10-45)
4		(Section scheduled to be repealed on January 1, 2024)
5		Sec. 10-45. Emergency care without a fee. A license
6		holder, agency, or registered employee of a private security
7		contractor, as defined in Section 5-10 of this Act, who in good
8		faith provides emergency care without fee to any person or
9		takes actions in good faith that directly relate to the
10		employee's job responsibilities to protect people and
11		property, as defined by the areas in which registered security
12		officers receive training under Sections 20-20 and 25-20 shall
13		not, as a result of those his or her acts or omissions, except
14		willful and wanton misconduct, in providing the care, be
15		liable to a person to whom such care is provided for civil
16		damages.
17		(Source: P.A. 93-438, eff. 8-5-03.)
18		(225 ILCS 447/15-5)
19		(Section scheduled to be repealed on January 1, 2024)
20		Sec. 15-5. Exemptions; private detective. The provisions
21		of this Act relating to the licensure of private detectives do
22		not apply to any of the following:
23		(1) An employee of the United States, Illinois, or a
24		political subdivision of either while the employee is

HB2395 Engrossed - 18 - LRB103 28370 AMQ 54750 b
1		engaged in the performance of the employee's his or her
2		official duties within the scope of the employee's his or
3		her employment. However, any such person who offers his or
4		her services as a private detective or uses a similar
5		title when these services are performed for compensation
6		or other consideration, whether received directly or
7		indirectly, is subject to this Act.
8		(2) A person, firm, or other entity engaged
9		exclusively in tracing and compiling lineage or ancestry
10		who does not hold oneself himself or herself out to be a
11		private detective.
12		(3) A person engaged exclusively in obtaining and
13		furnishing information, including providing reports, as to
14		the financial rating or creditworthiness of persons in
15		connection with (i) consumer credit transactions, (ii)
16		information for employment purposes, or (iii) information
17		for the underwriting of consumer insurance.
18		(4) Insurance adjusters employed or under contract as
19		adjusters who engage in no other investigative activities
20		other than those directly connected with adjustment of
21		claims against an insurance company or a self-insured
22		entity by which they are employed or with which they have a
23		contract. No insurance adjuster or company may use the
24		term "investigation" or any derivative thereof, in its
25		name or in its advertising.
26		(5) A person, firm, or other entity engaged in

HB2395 Engrossed - 19 - LRB103 28370 AMQ 54750 b
1		providing computer forensics services so long as the
2		person, firm, or other entity does not hold oneself
3		himself or herself out to be a private detective. For the
4		purposes of this item (5), "computer forensics services"
5		means a branch of forensic science pertaining to the
6		recovery and analysis of electronically stored
7		information.
8		(6) A person employed as an investigator exclusively
9		by only one employer in connection with the exclusive
10		activities of that employer and who does not hold oneself
11		himself or herself out to be a private detective.
12		(7) A person appointed by the circuit court pursuant
13		to the Code of Civil Procedure to make service of process
14		in a specific case, provided that such person is not
15		otherwise engaged in the business of serving process.
16		(8) A person appointed by the circuit court pursuant
17		to the Code of Civil Procedure who is an honorably
18		discharged veteran of the armed forces of the United
19		States and is self-employed as a process server.
20		(Source: P.A. 98-253, eff. 8-9-13.)
21		(225 ILCS 447/15-10)
22		(Section scheduled to be repealed January 1, 2024)
23		Sec. 15-10. Qualifications for licensure as a private
24		detective.
25		(a) A person is qualified for licensure as a private

HB2395 Engrossed - 20 - LRB103 28370 AMQ 54750 b
1		detective if the person he or she meets all of the following
2		requirements:
3		(1) Is at least 21 years of age.
4		(2) Has not been convicted of any felony in any
5		jurisdiction or at least 10 years have elapsed since the
6		time of full discharge from a sentence imposed for a
7		felony conviction.
8		(3) Is of good moral character. Good character is a
9		continuing requirement of licensure. Conviction of crimes
10		other than felonies may be used in determining moral
11		character, but shall not constitute an absolute bar to
12		licensure, except where the applicant is a registered sex
13		offender.
14		(4) Has not been declared by any court of competent
15		jurisdiction to be incompetent by reason of mental or
16		physical defect or disease, unless a court has
17		subsequently declared him or her to be competent.
18		(5) Is not suffering from dependence on alcohol or
19		from narcotic addiction or dependence.
20		(6) Has a minimum of 3 years experience of the 5 years
21		immediately preceding application working full-time for a
22		licensed private detective agency as a registered private
23		detective agency employee or with 3 years experience of
24		the 5 years immediately preceding his or her application
25		employed as a full-time investigator for a licensed
26		attorney, for an in-house investigative unit for a

HB2395 Engrossed - 21 - LRB103 28370 AMQ 54750 b
1		corporation having 100 or more employees, for any of the
2		armed forces of the United States, or in a law enforcement
3		agency of the federal government, a state, or a state
4		political subdivision, which shall include a state's
5		attorney's office or a public defender's office. The Board
6		and the Department shall approve such full-time
7		investigator experience and may accept, in lieu of the
8		experience requirement in this item (6), alternative
9		experience working full-time for a private detective
10		agency licensed in another state or for a private
11		detective agency in a state that does not license such
12		agencies if the experience is substantially equivalent to
13		that gained working for an Illinois licensed private
14		detective agency. An applicant who has a baccalaureate
15		degree, or higher, in law enforcement or a related field
16		or a business degree from an accredited college or
17		university shall be given credit for 2 of the 3 years of
18		the required experience. An applicant who has an associate
19		degree in law enforcement or in a related field or in
20		business from an accredited college or university shall be
21		given credit for one of the 3 years of the required
22		experience. An applicant who has completed a non-degree
23		military training program in law enforcement or a related
24		field shall be given credit for one of the 3 years of the
25		required experience if the Board and the Department
26		determine that such training is substantially equivalent

HB2395 Engrossed - 22 - LRB103 28370 AMQ 54750 b
1		to that received in an associate degree program.
2		(7) Has not been dishonorably discharged from the
3		armed forces of the United States or has not been
4		discharged from a law enforcement agency of the United
5		States or of any state or of any political subdivision
6		thereof, which shall include a state's attorney's office,
7		for reasons relating to his or her conduct as an employee
8		of that law enforcement agency.
9		(8) Has passed an examination authorized by the
10		Department.
11		(9) Submits the applicant's his or her fingerprints,
12		proof of having general liability insurance required under
13		subsection (b), and the required license fee.
14		(10) Has not violated Section 10-5 of this Act.
15		(b) It is the responsibility of the applicant to obtain
16		general liability insurance in an amount and coverage
17		appropriate for the applicant's circumstances as determined by
18		rule. The applicant shall provide evidence of insurance to the
19		Department before being issued a license. Failure to maintain
20		general liability insurance and to provide the Department with
21		written proof of the insurance shall result in cancellation of
22		the license without hearing.
23		(c) (Blank). Any person who has been providing canine odor
24		detection services for hire prior to January 1, 2005 is exempt
25		from the requirements of item (6) of subsection (a) of this
26		Section and may be granted a private detective license if (i)

HB2395 Engrossed - 23 - LRB103 28370 AMQ 54750 b
1		he or she meets the requirements of items (1) through (5) and
2		items (7) through (10) of subsection (a) of this Section, (ii)
3		pays all applicable fees, and (iii) presents satisfactory
4		evidence to the Department of the provision of canine odor
5		detection services for hire since January 1, 2005.
6		(Source: P.A. 98-253, eff. 8-9-13.)
7		(225 ILCS 447/15-15)
8		(Section scheduled to be repealed on January 1, 2024)
9		Sec. 15-15. Qualifications for licensure as a private
10		detective agency.
11		(a) Upon receipt of the required fee and proof that the
12		applicant has a full-time Illinois licensed private detective
13		licensee-in-charge, which is a continuing requirement for
14		agency licensure, the Department shall issue a license as a
15		private detective agency to any of the following:
16		(1) An individual who submits an application and is a
17		licensed private detective under this Act.
18		(2) A firm that submits an application and all of the
19		members of the firm are licensed private detectives under
20		this Act.
21		(3) A corporation or limited liability company doing
22		business in Illinois that is authorized to engage in the
23		business of conducting a private detective agency,
24		provided at least one full-time executive employee is
25		licensed as a private detective under this Act and all

HB2395 Engrossed - 24 - LRB103 28370 AMQ 54750 b
1		unlicensed officers and directors of the corporation or
2		limited liability company are determined by the Department
3		to be persons of good moral character.
4		(b) No private detective may be the licensee-in-charge for
5		more than one private detective agency. Upon written request
6		by a representative of an agency, within 10 days after the loss
7		of a licensee-in-charge of an agency because of the death of
8		that individual or because of the termination of the
9		employment of that individual, the Department shall issue a
10		temporary certificate of authority allowing the continuing
11		operation of the licensed agency. No temporary certificate of
12		authority shall be valid for more than 90 days. An extension of
13		an additional 90 days may be granted upon written request by
14		the representative of the agency. Not more than 2 extensions
15		may be granted to any agency. No temporary permit shall be
16		issued for a loss of the licensee-in-charge because of
17		disciplinary action by the Department related to the
18		licensee-in-charge's his or her conduct on behalf of the
19		agency.
20		(c) Upon issuance of the temporary certificate of
21		authority as provided for in subsection (b) of this Section,
22		and at any time thereafter while the temporary certificate of
23		authority is in effect, the Department may request in writing
24		additional information from the agency regarding the loss of
25		its licensee-in-charge, the selection of a new
26		licensee-in-charge, and the management of the agency. Failure

HB2395 Engrossed - 25 - LRB103 28370 AMQ 54750 b
1		of the agency to respond or respond to the satisfaction of the
2		Department shall cause the Department to deny any extension of
3		the temporary certificate of authority. While the temporary
4		certificate of authority is in effect, the Department may
5		disapprove the selection of a new licensee-in-charge by the
6		agency if the person's license is not operative or the
7		Department has good cause to believe that the person selected
8		will not fully exercise the responsibilities of a
9		licensee-in-charge. If the Department has disapproved the
10		selection of a new licensee-in-charge and the temporary
11		certificate of authority expires or is about to expire without
12		the agency selecting another new licensee-in-charge, the
13		Department shall grant an extension of the temporary
14		certificate of authority for an additional 90 days, except as
15		otherwise prohibited in subsection (b) or this subsection (c).
16		(Source: P.A. 98-253, eff. 8-9-13.)
17		(225 ILCS 447/15-25)
18		(Section scheduled to be repealed on January 1, 2024)
19		Sec. 15-25. Training; private detective and employees.
20		(a) Registered employees of a private detective agency
21		shall complete, within 30 days of their employment, a minimum
22		of 20 hours of basic training provided by a qualified
23		instructor. The substance of the training shall be related to
24		the work performed by the registered employee. The training
25		may be classroom-based or online Internet-based but shall not

HB2395 Engrossed - 26 - LRB103 28370 AMQ 54750 b
1		be conducted as on-the-job training.
2		(a-5) In addition to the basic training required in
3		subsection (a), registered employees of a private detective
4		agency shall complete an additional minimum of 8 hours of
5		annual training for every calendar year, commencing with the
6		calendar year beginning after the employee's hire date.
7		(a-10) Annual training for registered employees shall be
8		based on subjects related to the work performed as determined
9		by the employer and may be conducted in a classroom or seminar
10		setting or via Internet-based online learning programs. Annual
11		training may not be conducted as on-the-job training.
12		(b) It is the responsibility of the employer to certify,
13		on a form provided by the Department, that the employee has
14		successfully completed the basic and annual training. The
15		original form or a copy shall be a permanent record of training
16		completed by the employee and shall be placed in the
17		employee's file with the employer for the period the employee
18		remains with the employer. The original form or a copy shall be
19		given to the employee when the employee's his or her
20		employment is terminated. Failure to return the original form
21		or a copy to the employee is grounds for disciplinary action.
22		The employee shall not be required to repeat the required
23		training once the employee has been issued the form. An
24		employer may provide or require additional training.
25		(c) (Blank).
26		(d) All private detectives shall complete a minimum of 8

HB2395 Engrossed - 27 - LRB103 28370 AMQ 54750 b
1		hours of annual training on a topic of their choosing,
2		provided that the subject matter is reasonably related to
3		their private detective practice. The annual training for
4		private detectives may be completed utilizing any combination
5		of hours obtained in a classroom or seminar setting or via
6		Internet-based online learning programs. The Department shall
7		adopt rules to administer this subsection.
8		(e) The annual training requirements for private
9		detectives shall not apply until the calendar year following
10		the issuance of the private detective license.
11		(f) It shall be the responsibility of the private
12		detective to keep and maintain a personal log of all training
13		hours earned along with sufficient documentation for the
14		Department to verify the annual training completed for at
15		least 5 years. The personal training log and documentation
16		shall be provided to the Department in the same manner as other
17		documentation and records required under this Act.
18		(g) If the private detective owns or is employed by a
19		private detective agency, the private detective agency shall
20		maintain a record of the annual training. The private
21		detective agency must make the record of annual training
22		available to the Department upon request.
23		(h) Recognizing the diverse professional practices of
24		private detectives licensed under this Act, it is the intent
25		of the training requirements in this Section to allow for a
26		broad interpretation of the coursework, seminar subjects, or

HB2395 Engrossed - 28 - LRB103 28370 AMQ 54750 b
1		class topics to be considered reasonably related to the
2		practice of any profession licensed under this Act.
3		(i) Notwithstanding any other professional license a
4		private detective holds under this Act, no more than 8 hours of
5		annual training shall be required for any one year.
6		(Source: P.A. 102-152, eff. 1-1-22.)
7		(225 ILCS 447/20-10)
8		(Section scheduled to be repealed on January 1, 2024)
9		Sec. 20-10. Qualifications for licensure as a private
10		alarm contractor.
11		(a) A person is qualified for licensure as a private alarm
12		contractor if the person he or she meets all of the following
13		requirements:
14		(1) Is at least 21 years of age.
15		(2) Has not been convicted of any felony in any
16		jurisdiction or at least 10 years have elapsed since the
17		time of full discharge from a sentence imposed for a
18		felony conviction.
19		(3) Is of good moral character. Good moral character
20		is a continuing requirement of licensure. Conviction of
21		crimes other than felonies may be used in determining
22		moral character, but shall not constitute an absolute bar
23		to licensure, except where the applicant is a registered
24		sex offender.
25		(4) Has not been declared by any court of competent

HB2395 Engrossed - 29 - LRB103 28370 AMQ 54750 b
1		jurisdiction to be incompetent by reason of mental or
2		physical defect or disease, unless a court has
3		subsequently declared him or her to be competent.
4		(5) Is not suffering from dependence on alcohol or
5		from narcotic addiction or dependence.
6		(6) Has a minimum of 3 years experience during the 5
7		years immediately preceding the application (i) working as
8		a full-time manager for a licensed private alarm
9		contractor agency or (ii) working for a government, one of
10		the armed forces of the United States, or private entity
11		that inspects, reviews, designs, sells, installs,
12		operates, services, or monitors alarm systems that, in the
13		judgment of the Board, satisfies the standards of alarm
14		industry competence. The Board and the Department may
15		accept, in lieu of the experience requirement in this item
16		(6), alternative experience working as a full-time manager
17		for a private alarm contractor agency licensed in another
18		state or for a private alarm contractor agency in a state
19		that does not license such agencies, if the experience is
20		substantially equivalent to that gained working for an
21		Illinois licensed private alarm contractor agency. An
22		applicant who has received a 4-year degree or higher in
23		electrical engineering or a related field from a program
24		approved by the Board or a business degree from an
25		accredited college or university shall be given credit for
26		2 years of the required experience. An applicant who has

HB2395 Engrossed - 30 - LRB103 28370 AMQ 54750 b
1		successfully completed a national certification program
2		approved by the Board shall be given credit for one year of
3		the required experience.
4		(7) Has not been dishonorably discharged from the
5		armed forces of the United States.
6		(8) Has passed an examination authorized by the
7		Department.
8		(9) Submits the applicant's his or her fingerprints,
9		proof of having general liability insurance required under
10		subsection (c), and the required license fee.
11		(10) Has not violated Section 10-5 of this Act.
12		(b) (Blank).
13		(c) It is the responsibility of the applicant to obtain
14		general liability insurance in an amount and coverage
15		appropriate for the applicant's circumstances as determined by
16		rule. The applicant shall provide evidence of insurance to the
17		Department before being issued a license. Failure to maintain
18		general liability insurance and to provide the Department with
19		written proof of the insurance shall result in cancellation of
20		the license without hearing.
21		(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
22		(225 ILCS 447/20-15)
23		(Section scheduled to be repealed on January 1, 2024)
24		Sec. 20-15. Qualifications for licensure as a private
25		alarm contractor agency.

HB2395 Engrossed - 31 - LRB103 28370 AMQ 54750 b
1		(a) Upon receipt of the required fee and proof that the
2		applicant has a full-time Illinois licensed private alarm
3		contractor licensee-in-charge, which is a continuing
4		requirement for agency licensure, the Department shall issue a
5		license as a private alarm contractor agency to any of the
6		following:
7		(1) An individual who submits an application and is a
8		licensed private alarm contractor under this Act.
9		(2) A firm that submits an application and all of the
10		members of the firm are licensed private alarm contractors
11		under this Act.
12		(3) A corporation or limited liability company doing
13		business in Illinois that is authorized by its articles of
14		incorporation or organization to engage in the business of
15		conducting a private alarm contractor agency if at least
16		one executive employee is licensed as a private alarm
17		contractor under this Act and all unlicensed officers and
18		directors of the corporation or limited liability company
19		are determined by the Department to be persons of good
20		moral character.
21		(b) No private alarm contractor may be the
22		licensee-in-charge for more than one private alarm contractor
23		agency. Upon written request by a representative of an agency,
24		within 10 days after the loss of a licensee-in-charge of an
25		agency because of the death of that individual or because of
26		the termination of the employment of that individual, the

HB2395 Engrossed - 32 - LRB103 28370 AMQ 54750 b
1		Department shall issue a temporary certificate of authority
2		allowing the continuing operation of the licensed agency. No
3		temporary certificate of authority shall be valid for more
4		than 90 days. An extension of an additional 90 days may be
5		granted upon written request by the representative of the
6		agency. Not more than 2 extensions may be granted to any
7		agency. No temporary permit shall be issued for loss of the
8		licensee-in-charge because of disciplinary action by the
9		Department related to the licensee-in-charge's his or her
10		conduct on behalf of the agency.
11		(c) No private alarm contractor, private alarm contractor
12		agency, or person may install or connect an alarm system or
13		fire alarm system that connects automatically and directly to
14		a governmentally operated police or fire dispatch system in a
15		manner that violates subsection (a) of Section 15.2 of the
16		Emergency Telephone System Act. In addition to the penalties
17		provided by the Emergency Telephone System Act, a private
18		alarm contractor agency that violates this Section shall pay
19		the Department an additional penalty of $250 per occurrence.
20		(d) Upon issuance of the temporary certificate of
21		authority as provided for in subsection (b) of this Section
22		and at any time thereafter while the temporary certificate of
23		authority is in effect, the Department may request in writing
24		additional information from the agency regarding the loss of
25		its licensee-in-charge, the selection of a new
26		licensee-in-charge, and the management of the agency. Failure

HB2395 Engrossed - 33 - LRB103 28370 AMQ 54750 b
1		of the agency to respond or respond to the satisfaction of the
2		Department shall cause the Department to deny any extension of
3		the temporary certificate of authority. While the temporary
4		certificate of authority is in effect, the Department may
5		disapprove the selection of a new licensee-in-charge by the
6		agency if the person's license is not operative or the
7		Department has good cause to believe that the person selected
8		will not fully exercise the responsibilities of a
9		licensee-in-charge. If the Department has disapproved the
10		selection of another new licensee-in-charge and the temporary
11		certificate of authority expires or is about to expire without
12		the agency selecting a new licensee-in-charge, the Department
13		shall grant an extension of the temporary certificate of
14		authority for an additional 90 days, except as otherwise
15		prohibited in subsection (b) or this subsection (d).
16		(Source: P.A. 98-253, eff. 8-9-13.)
17		(225 ILCS 447/20-20)
18		(Section scheduled to be repealed on January 1, 2024)
19		Sec. 20-20. Training; private alarm contractor and
20		employees.
21		(a) Registered employees of the private alarm contractor
22		agency who carry a firearm and respond to alarm systems shall
23		complete, within 30 days of their employment, a minimum of 20
24		hours of classroom training provided by a qualified instructor
25		and shall include all of the following subjects:

HB2395 Engrossed - 34 - LRB103 28370 AMQ 54750 b
1		(1) The law regarding arrest and search and seizure as
2		it applies to the private alarm industry.
3		(2) Civil and criminal liability for acts related to
4		the private alarm industry.
5		(3) The use of force, including but not limited to the
6		use of nonlethal force (i.e., disabling spray, baton,
7		stungun, or similar weapon).
8		(4) Arrest and control techniques.
9		(5) The offenses under the Criminal Code of 2012 that
10		are directly related to the protection of persons and
11		property.
12		(6) The law on private alarm forces and on reporting
13		to law enforcement agencies.
14		(7) Fire prevention, fire equipment, and fire safety.
15		(8) Civil rights and public relations.
16		(9) The identification of terrorists, acts of
17		terrorism, and terrorist organizations, as defined by
18		federal and State statutes.
19		Pursuant to directives set forth by the U.S. Department of
20		Homeland Security and the provisions set forth by the National
21		Fire Protection Association in the National Fire Alarm Code
22		and the Life Safety Code, training may include the
23		installation, repair, and maintenance of emergency
24		communication systems and mass notification systems.
25		(b) All other employees of a private alarm contractor
26		agency shall complete a minimum of 20 hours of basic training

HB2395 Engrossed - 35 - LRB103 28370 AMQ 54750 b
1		provided by a qualified instructor within 30 days of their
2		employment. The training may be provided in a classroom or
3		seminar setting or via Internet-based online learning
4		programs. The substance of the training shall be related to
5		the work performed by the registered employee.
6		(c) It is the responsibility of the employer to certify,
7		on forms provided by the Department, that the employee has
8		successfully completed the training. The original form or a
9		copy shall be a permanent record of training completed by the
10		employee and shall be placed in the employee's file with the
11		employer for the term the employee is retained by the
12		employer. A private alarm contractor agency may place a copy
13		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 returned to the employee when the employee's
16		his or her employment is terminated. Failure to return the
17		original form or a copy to the employee is grounds for
18		discipline. The employee shall not be required to complete the
19		training required under this Act once the employee has been
20		issued a form.
21		(d) Nothing in this Act prevents any employer from
22		providing or requiring additional training beyond the required
23		20 hours that the employer feels is necessary and appropriate
24		for competent job performance.
25		(e) Any certification of completion of the 20-hour basic
26		training issued under the Private Detective, Private Alarm,

HB2395 Engrossed - 36 - LRB103 28370 AMQ 54750 b
1		Private Security, and Locksmith Act of 1993 or any prior Act
2		shall be accepted as proof of training under this Act.
3		(Source: P.A. 102-152, eff. 1-1-22.)
4		(225 ILCS 447/25-5)
5		(Section scheduled to be repealed on January 1, 2024)
6		Sec. 25-5. Exemptions; private security contractor. The
7		provisions of this Act related to licensure of a private
8		security contractor do not apply to any of the following:
9		(1) An employee of the United States, Illinois, or a
10		political subdivision of either while the employee is
11		engaged in the performance of the employee's his or her
12		official duties within the scope of the employee's his or
13		her employment. However, any such person who offers the
14		person's his or her services as a private security
15		contractor or uses a similar title when these services are
16		performed for compensation or other consideration, whether
17		received directly or indirectly, is subject to this Act.
18		(2) A person employed as either an armed or unarmed
19		security officer at a nuclear energy, storage, weapons, or
20		development site or facility regulated by the United
21		States Nuclear Regulatory Commission who has completed the
22		background screening and training mandated by the
23		regulations of the United States Nuclear Regulatory
24		Commission.
25		(3) A person, watchman, or proprietary security

HB2395 Engrossed - 37 - LRB103 28370 AMQ 54750 b
1		officer employed exclusively by only one employer in
2		connection with the exclusive activities of that employer.
3		(Source: P.A. 93-438, eff. 8-5-03.)
4		(225 ILCS 447/25-10)
5		(Section scheduled to be repealed on January 1, 2024)
6		Sec. 25-10. Qualifications for licensure as a private
7		security contractor.
8		(a) A person is qualified for licensure as a private
9		security contractor if the person he or she meets all of the
10		following requirements:
11		(1) Is at least 21 years of age.
12		(2) Has not been convicted of any felony in any
13		jurisdiction or at least 10 years have elapsed since the
14		time of full discharge from a sentence imposed for a
15		felony conviction.
16		(3) Is of good moral character. Good character is a
17		continuing requirement of licensure. Conviction of crimes
18		other than felonies may be used in determining moral
19		character, but shall not constitute an absolute bar to
20		licensure, except where the applicant is a registered sex
21		offender.
22		(4) Has not been declared by any court of competent
23		jurisdiction to be incompetent by reason of mental or
24		physical defect or disease, unless a court has
25		subsequently declared him or her to be competent.

HB2395 Engrossed - 38 - LRB103 28370 AMQ 54750 b
1		(5) Is not suffering from dependence on alcohol or
2		from narcotic addiction or dependence.
3		(6) Has a minimum of 3 years experience of the 5 years
4		immediately preceding application working as a full-time
5		manager for a licensed private security contractor agency
6		or a manager of a proprietary security force of 30 or more
7		persons registered with the Department or with 3 years
8		experience of the 5 years immediately preceding his or her
9		application employed as a full-time supervisor for an
10		in-house security unit for a corporation having 100 or
11		more employees, for a military police or related security
12		unit in any of the armed forces of the United States, or in
13		a law enforcement agency of the federal government, a
14		state, or a state political subdivision, which shall
15		include a state's attorney's office, a public defender's
16		office, or the Department of Corrections. The Board and
17		the Department shall approve such full-time supervisory
18		experience and may accept, in lieu of the experience
19		requirement in this subsection, alternative experience
20		working as a full-time manager for a private security
21		contractor agency licensed in another state or for a
22		private security contractor agency in a state that does
23		not license such agencies if the experience is
24		substantially equivalent to that gained working for an
25		Illinois licensed private security contractor agency. An
26		applicant who has a baccalaureate degree or higher in

HB2395 Engrossed - 39 - LRB103 28370 AMQ 54750 b
1		police science or a related field or a business degree
2		from an accredited college or university shall be given
3		credit for 2 of the 3 years of the required experience. An
4		applicant who has completed a non-degree military training
5		program in police science or a related field shall be
6		given credit for one of the 3 years of the required
7		experience if the Board and the Department determine that
8		such training is substantially equivalent to that received
9		in an associate degree program. An applicant who has an
10		associate degree in police science or in a related field
11		or in business from an accredited college or university
12		shall be given credit for one of the 3 years of the
13		required experience.
14		(7) Has not been dishonorably discharged from the
15		armed forces of the United States.
16		(8) Has passed an examination authorized by the
17		Department.
18		(9) Submits the applicant's his or her fingerprints,
19		proof of having general liability insurance required under
20		subsection (b), and the required license fee.
21		(10) Has not violated Section 10-5 of this Act.
22		(b) It is the responsibility of the applicant to obtain
23		general liability insurance in an amount and coverage
24		appropriate for the applicant's circumstances as determined by
25		rule. The applicant shall provide evidence of insurance to the
26		Department before being issued a license. Failure to maintain

HB2395 Engrossed - 40 - LRB103 28370 AMQ 54750 b
1		general liability insurance and to provide the Department with
2		written proof of the insurance shall result in cancellation of
3		the license without hearing.
4		(c) (Blank). Any person who has been providing canine odor
5		detection services for hire prior to January 1, 2005 is exempt
6		from the requirements of item (6) of subsection (a) of this
7		Section and may be granted a private security contractor
8		license if (i) he or she meets the requirements of items (1)
9		through (5) and items (7) through (10) of subsections (a) of
10		this Section, (ii) pays all applicable fees, and (iii)
11		presents satisfactory evidence to the Department of the
12		provision of canine odor detection services for hire since
13		January 1, 2005.
14		(Source: P.A. 100-181, eff. 8-18-17.)
15		(225 ILCS 447/25-15)
16		(Section scheduled to be repealed on January 1, 2024)
17		Sec. 25-15. Qualifications for licensure as a private
18		security contractor agency.
19		(a) Upon receipt of the required fee and proof that the
20		applicant has a full-time Illinois licensed private security
21		licensee-in-charge, which is a continuing requirement for
22		agency licensure, the Department shall issue a license as a
23		private security contractor agency to any of the following:
24		(1) An individual who submits an application and is a
25		licensed private security contractor under this Act.

HB2395 Engrossed - 41 - LRB103 28370 AMQ 54750 b
1		(2) A firm that submits an application and all of the
2		members of the firm are licensed private security
3		contractors under this Act.
4		(3) A corporation or limited liability company doing
5		business in Illinois that is authorized to engage in the
6		business of conducting a private security contractor
7		agency if at least one officer or executive employee is
8		licensed as a private security contractor under this Act
9		and all unlicensed officers and directors of the
10		corporation or limited liability company are determined by
11		the Department to be persons of good moral character.
12		(b) No private security contractor may be the
13		licensee-in-charge for more than one private security
14		contractor agency. Upon written request by a representative of
15		the agency, within 10 days after the loss of a
16		licensee-in-charge of an agency because of the death of that
17		individual or because of the termination of the employment of
18		that individual, the Department shall issue a temporary
19		certificate of authority allowing the continuing operation of
20		the licensed agency. No temporary certificate of authority
21		shall be valid for more than 90 days. An extension of an
22		additional 90 days may be granted upon written request by the
23		representative of the agency. Not more than 2 extensions may
24		be granted to any agency. No temporary permit shall be issued
25		for loss of the licensee-in-charge because of disciplinary
26		action by the Department related to the licensee-in-charge's

HB2395 Engrossed - 42 - LRB103 28370 AMQ 54750 b
1		his or her conduct on behalf of the agency.
2		(c) Upon issuance of the temporary certificate of
3		authority as provided for in subsection (b) of this Section
4		and at any time thereafter while the temporary certificate of
5		authority is in effect, the Department may request in writing
6		additional information from the agency regarding the loss of
7		its licensee-in-charge, the selection of a new
8		licensee-in-charge, and the management of the agency. Failure
9		of the agency to respond or respond to the satisfaction of the
10		Department shall cause the Department to deny any extension of
11		the temporary certificate of authority. While the temporary
12		certificate of authority is in effect, the Department may
13		disapprove the selection of a new licensee-in-charge by the
14		agency if the person's license is not operative or the
15		Department has good cause to believe that the person selected
16		will not fully exercise the responsibilities of a
17		licensee-in-charge. If the Department has disapproved the
18		selection of a new licensee-in-charge and the temporary
19		certificate of authority expires or is about to expire without
20		the agency selecting another new licensee-in-charge, the
21		Department shall grant an extension of the temporary
22		certificate of authority for an additional 90 days, except as
23		otherwise prohibited in subsection (b) or this subsection (c).
24		(Source: P.A. 98-253, eff. 8-9-13.)
25		(225 ILCS 447/25-20)

HB2395 Engrossed - 43 - LRB103 28370 AMQ 54750 b
1		(Section scheduled to be repealed on January 1, 2024)
2		Sec. 25-20. Training; private security contractor and
3		employees.
4		(a) Registered employees of the private security
5		contractor agency who provide traditional guarding or other
6		private security related functions or who respond to alarm
7		systems shall complete, within 30 days of their employment, a
8		minimum of 20 hours of basic training, which may be provided in
9		a classroom or seminar setting or via Internet-based online
10		learning programs, and shall be provided by a qualified
11		instructor, which shall include the following subjects:
12		(1) The law regarding arrest and search and seizure as
13		it applies to private security.
14		(2) Civil and criminal liability for acts related to
15		private security.
16		(3) The use of force, including but not limited to the
17		use of nonlethal force (i.e., disabling spray, baton,
18		stungun, taser, or similar weapon).
19		(4) Verbal communication skills.
20		(5) The offenses under the Criminal Code of 2012 that
21		are directly related to the protection of persons and
22		property.
23		(6) Private security officers and the criminal justice
24		system.
25		(7) Fire prevention, fire equipment, and fire safety.
26		(8) Report writing and observation techniques.

HB2395 Engrossed - 44 - LRB103 28370 AMQ 54750 b
1		(9) Customer service, civil rights, and public
2		relations.
3		(10) The identification of terrorists, acts of
4		terrorism, and terrorist organizations, as defined by
5		federal and State statutes.
6		(b) All other employees of a private security contractor
7		agency shall complete a minimum of 20 hours of basic training
8		provided by the qualified instructor within 30 days of their
9		employment. The training may be provided in a classroom or
10		seminar setting or via Internet-based online learning
11		programs. The substance of the training shall be related to
12		the work performed by the registered employee.
13		(c) Registered employees of the private security
14		contractor agency who provide guarding or other private
15		security related functions, in addition to the basic training
16		required under subsection (a), within 6 months of their
17		employment, shall complete an additional 8 hours of training
18		on subjects to be determined by the employer, which training
19		may be site-specific and may be conducted on the job. The
20		training may be provided in a classroom or seminar setting or
21		via Internet-based online learning programs.
22		(d) In addition to the basic training provided for in
23		subsections (a) and (c), registered employees of the private
24		security contractor agency who provide guarding or other
25		private security related functions shall complete an
26		additional 8 hours of refresher training on subjects to be

HB2395 Engrossed - 45 - LRB103 28370 AMQ 54750 b
1		determined by the employer each calendar year commencing with
2		the calendar year following the employee's first employment
3		anniversary date, which refresher training may be
4		site-specific and may be conducted on the job.
5		(e) It is the responsibility of the employer to certify,
6		on a form provided by the Department, that the employee has
7		successfully completed the basic and refresher training. The
8		original form or a copy shall be a permanent record of training
9		completed by the employee and shall be placed in the
10		employee's file with the employer for the period the employee
11		remains with the employer. The original form or a copy shall be
12		given to the employee when the employee's his or her
13		employment is terminated. Failure to return the original form
14		or a copy to the employee is grounds for disciplinary action.
15		The employee shall not be required to repeat the required
16		training once the employee has been issued the form. An
17		employer may provide or require additional training.
18		(f) (Blank).
19		(g) All private security contractors shall complete a
20		minimum of 4 hours of annual training on a topic of their
21		choosing, provided that the subject matter of the training is
22		reasonably related to their private security contractor
23		practice. The training may be provided in a classroom setting
24		or seminar setting or via Internet-based online learning
25		programs. The Department shall adopt rules to administer this
26		subsection.

HB2395 Engrossed - 46 - LRB103 28370 AMQ 54750 b
1		(h) It shall be the responsibility of the private security
2		contractor to keep and maintain a personal log of all training
3		hours earned along with sufficient documentation necessary for
4		the Department to verify the annual training completed for at
5		least 5 years. The personal training log and documentation
6		shall be provided to the Department in the same manner as other
7		documentation and records required under this Act.
8		(i) If the private security contractor owns or is employed
9		by a private security contractor agency, the private security
10		contractor agency shall maintain a record of the annual
11		training. The private security contractor agency must make the
12		record of annual training available to the Department upon
13		request.
14		(j) Recognizing the diverse professional practices of
15		private security contractors licensed under this Act, it is
16		the intent of the training requirements in this Section to
17		allow for a broad interpretation of the coursework, seminar
18		subjects, or class topics to be considered reasonably related
19		to the practice of any profession licensed under this Act.
20		(k) Notwithstanding any other professional license a
21		private security contractor holds under this Act, no more than
22		4 hours of annual training shall be required for any one year.
23		(l) The annual training requirements for private security
24		contractors shall not apply until the calendar year following
25		the issuance of the private security contractor license.
26		(Source: P.A. 102-152, eff. 1-1-22.)

HB2395 Engrossed - 47 - LRB103 28370 AMQ 54750 b
1		(225 ILCS 447/25-30)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 25-30. Uniforms.
4		(a) No licensee under this Act or any employee of a
5		licensed agency shall wear or display a badge, shoulder patch
6		or other identification that contains the words "law" or
7		"enforcement". No license holder or employee of a licensed
8		agency shall imply in any manner that the person is an employee
9		or agent of a governmental entity, display a badge or
10		identification card, emblem, or uniform using the words
11		"police", "sheriff", "highway patrol", "trooper", "law
12		enforcement" or any similar term.
13		(b) All military-style uniforms, if worn by employees of a
14		licensed private security contractor agency, must bear the
15		name of the private security contractor agency, which shall be
16		plainly visible on a patch, badge, or other insignia.
17		(c) All uniforms, if worn by employees of a licensed
18		private security contractor agency, may only be worn in the
19		performance of their duties or while commuting directly to or
20		from the employee's place or places of employment.
21		(d) Employees shall return any uniform, badge,
22		identification card, or equipment issued, but not sold, to the
23		employee by the agency and any badge or identification card
24		issued to the employee by the agency within 72 hours of
25		termination of employment.

HB2395 Engrossed - 48 - LRB103 28370 AMQ 54750 b
1		(e) Licensees under this Act of any employee of a licensed
2		agency are prohibited from using the Illinois State Seal on
3		badges, company logos, identification cards, patches, or other
4		insignia.
5		(Source: P.A. 98-253, eff. 8-9-13.)
6		(225 ILCS 447/30-5)
7		(Section scheduled to be repealed on January 1, 2024)
8		Sec. 30-5. Exemptions; locksmith. The provisions of this
9		Act do not apply to any of the following if the person
10		performing the service does not hold himself or herself out as
11		a locksmith:
12		(1) Automobile service dealers who service, install,
13		repair, or rebuild automobile locks.
14		(2) Police officers, firefighters, or municipal
15		employees who open a lock in an emergency situation.
16		(3) A retail merchant selling locks or similar
17		security accessories, duplicating keys, or installing,
18		programming, repairing, maintaining, reprogramming,
19		rebuilding, or servicing electronic garage door devices.
20		(4) A member of the building trades who installs or
21		removes complete locks or locking devices in the course of
22		residential or commercial new construction or remodeling.
23		(5) An employee of a towing service, repossessor,
24		roadside assistance service, or automobile club opening
25		automotive locks in the normal course of the employee's

HB2395 Engrossed - 49 - LRB103 28370 AMQ 54750 b
1		his or her duties. Additionally, this Act shall not
2		prohibit an employee of a towing service or roadside
3		assistance service from opening motor vehicles to enable a
4		vehicle to be moved without towing, provided the towing
5		service or roadside assistance service does not hold
6		itself out to the public, by directory advertisement,
7		through a sign at the facilities of the towing service or
8		roadside assistance service, or by any other form of
9		advertisement, as a locksmith.
10		(6) A student in the course of study in locksmith
11		programs approved by the Department.
12		(7) Warranty service by a lock manufacturer or its
13		employees on the manufacturer's own products.
14		(8) A maintenance employee of a property management
15		company at a multi-family residential building who
16		services, installs, repairs, or opens locks for tenants.
17		(9) A person employed exclusively by only one employer
18		in connection with the exclusive activities of that
19		employer, providing that person does not hold oneself
20		himself or herself out to the public as a locksmith.
21		(10) Persons who have no access to confidential or
22		security information and who otherwise do not provide
23		traditional locksmith services, as defined in this Act,
24		are exempt from employee registration. Examples of exempt
25		employees include, but are not limited to, employees
26		working in the capacity of key cutters, cashiers, drivers,

HB2395 Engrossed - 50 - LRB103 28370 AMQ 54750 b
1		and reception personnel. Confidential or security
2		information is that which pertains to employee files,
3		scheduling, client contracts, master key charts, access
4		codes, or technical security and alarm data.
5		(Source: P.A. 98-253, eff. 8-9-13.)
6		(225 ILCS 447/30-10)
7		(Section scheduled to be repealed on January 1, 2024)
8		Sec. 30-10. Qualifications for licensure as a locksmith.
9		(a) A person is qualified for licensure as a locksmith if
10		the person he or she meets all of the following requirements:
11		(1) Is at least 18 years of age.
12		(2) Has not been convicted of any felony in any
13		jurisdiction or at least 10 years have elapsed since the
14		time of full discharge from a sentence imposed for a
15		felony conviction.
16		(3) Is of good moral character. Good moral character
17		is a continuing requirement of licensure. Conviction of
18		crimes other than felonies may be used in determining
19		moral character, but shall not constitute an absolute bar
20		to licensure, except where the applicant is a registered
21		sex offender.
22		(4) Has not been declared by any court of competent
23		jurisdiction to be incompetent by reason of mental or
24		physical defect or disease, unless a court has
25		subsequently declared him or her to be competent.

HB2395 Engrossed - 51 - LRB103 28370 AMQ 54750 b
1		(5) Is not suffering from dependence on alcohol or
2		from narcotic addiction or dependence.
3		(6) Has not been dishonorably discharged from the
4		armed forces of the United States.
5		(7) Has passed an examination authorized by the
6		Department.
7		(8) Submits the applicant's his or her fingerprints,
8		proof of having general liability insurance required under
9		subsection (b), and the required license fee.
10		(9) Has not violated Section 10-5 of this Act.
11		(b) It is the responsibility of the applicant to obtain
12		general liability insurance in an amount and coverage
13		appropriate for the applicant's circumstances as determined by
14		rule. The applicant shall provide evidence of insurance to the
15		Department before being issued a license. Failure to maintain
16		general liability insurance and to provide the Department with
17		written proof of the insurance shall result in cancellation of
18		the license without hearing. A locksmith employed by a
19		licensed locksmith agency or employed by a private concern may
20		provide proof that the locksmith's his or her actions as a
21		locksmith are covered by the liability insurance of the
22		locksmith's his or her employer.
23		(Source: P.A. 98-253, eff. 8-9-13.)
24		(225 ILCS 447/30-15)
25		(Section scheduled to be repealed on January 1, 2024)

HB2395 Engrossed - 52 - LRB103 28370 AMQ 54750 b
1		Sec. 30-15. Qualifications for licensure as a locksmith
2		agency.
3		(a) Upon receipt of the required fee and proof that the
4		applicant has a full-time Illinois licensed locksmith
5		licensee-in-charge, which is a continuing requirement for
6		agency licensure, the Department shall issue a license as a
7		locksmith agency to any of the following:
8		(1) An individual who submits an application and is a
9		licensed locksmith under this Act.
10		(2) A firm that submits an application and all of the
11		members of the firm are licensed locksmiths under this
12		Act.
13		(3) A corporation or limited liability company doing
14		business in Illinois that is authorized to engage in the
15		business of conducting a locksmith agency if at least one
16		officer or executive employee is a licensed locksmith
17		under this Act and all unlicensed officers and directors
18		of the corporation or limited liability company are
19		determined by the Department to be persons of good moral
20		character.
21		(b) An individual licensed as a locksmith operating under
22		a business name other than the licensed locksmith's own name
23		shall not be required to obtain a locksmith agency license if
24		that licensed locksmith does not employ any persons to engage
25		in the practice of locksmithing and registers under the
26		Assumed Business Name Act.

HB2395 Engrossed - 53 - LRB103 28370 AMQ 54750 b
1		(c) No locksmith may be the licensee in-charge for more
2		than one locksmith agency. Upon written request by a
3		representative of the agency, within 10 days after the loss of
4		a licensee-in-charge of an agency because of the death of that
5		individual or because of the termination of the employment of
6		that individual, the Department shall issue a temporary
7		certificate of authority allowing the continuing operation of
8		the licensed agency. No temporary certificate of authority
9		shall be valid for more than 90 days. An extension of an
10		additional 90 days may be granted upon written request by the
11		representative of the agency. Not more than 2 extensions may
12		be granted to any agency. No temporary permit shall be issued
13		for loss of the licensee-in-charge because of disciplinary
14		action by the Department related to the licensee-in-charge's
15		his or her conduct on behalf of the agency.
16		(c-1) Upon issuance of the temporary certificate of
17		authority as provided for in subsection (c) of this Section
18		and at any time thereafter while the temporary certificate of
19		authority is in effect, the Department may request in writing
20		additional information from the agency regarding the loss of
21		its licensee-in-charge, the selection of a new
22		licensee-in-charge, and the management of the agency. Failure
23		of the agency to respond to the satisfaction of the Department
24		shall cause the Department to deny any extension of the
25		temporary certificate of authority. While the temporary
26		certificate of authority is in effect, the Department may

HB2395 Engrossed - 54 - LRB103 28370 AMQ 54750 b
1		disapprove the selection of a new licensee-in-charge by the
2		agency if the person's license is not operative or the
3		Department has good cause to believe that the person selected
4		will not fully exercise the responsibilities of a
5		licensee-in-charge. If the Department has disapproved the
6		selection of a new licensee-in-charge and the temporary
7		certificate of authority expires or is about to expire without
8		the agency selecting another new licensee-in-charge, the
9		Department shall grant an extension of the temporary
10		certificate of authority for an additional 90 days, except as
11		otherwise prohibited in subsection (c) or this subsection
12		(c-1).
13		(d) The Department shall require without limitation all of
14		the following information from each applicant for licensure as
15		a locksmith agency under this Act:
16		(1) The name, full business address, and telephone
17		number of the locksmith agency. The business address for
18		the locksmith agency shall be a complete street address
19		from which business is actually conducted, shall be
20		located within the State, and may not be a P.O. Box. The
21		applicant shall submit proof that the business location is
22		or will be used to conduct the locksmith agency's
23		business. The Department may approve of an out-of-state
24		business location if it is not over 50 miles in distance
25		from the borders of this State.
26		(2) All trade or business names used by the licensee.

HB2395 Engrossed - 55 - LRB103 28370 AMQ 54750 b
1		(3) The type of ownership or operation, such as a
2		partnership, corporation, or sole proprietorship.
3		(4) The name of the owner or operator of the locksmith
4		agency, including:
5		(A) if a person, then the name and address of
6		record of the person;
7		(B) if a partnership, then the name and address of
8		record of each partner and the name of the
9		partnership;
10		(C) if a corporation, then the name, address of
11		record, and title of each corporate officer and
12		director, the corporate names, and the name of the
13		state of incorporation; and
14		(D) if a sole proprietorship, then the full name
15		and address of record of the sole proprietor and the
16		name of the business entity.
17		(5) The name and license number of the
18		licensee-in-charge for the locksmith agency.
19		(6) Any additional information required by the
20		Department by rule.
21		(e) A licensed locksmith agency may operate under a "doing
22		business as" or assumed name certification without having to
23		obtain a separate locksmith agency license if the "doing
24		business as" or assumed name is first registered with the
25		Department. A licensed locksmith agency may register no more
26		than one assumed name.

HB2395 Engrossed - 56 - LRB103 28370 AMQ 54750 b
1		(Source: P.A. 98-253, eff. 8-9-13.)
2		(225 ILCS 447/30-20)
3		(Section scheduled to be repealed on January 1, 2024)
4		Sec. 30-20. Training; locksmith and employees.
5		(a) Registered employees of a licensed locksmith agency
6		shall complete a minimum of 20 hours of training provided by a
7		qualified instructor within 30 days of their employment. The
8		substance of the training shall be prescribed by rule.
9		(b) It is the responsibility of the employer to certify,
10		on a form provided by the Department, that the employee has
11		successfully completed the training. The form shall be a
12		permanent record of training completed by the employee and
13		shall be placed in the employee's file with the employer for
14		the period the employee remains with the employer. An agency
15		may place a notarized copy of the Department form in lieu of
16		the original into the permanent employee registration card
17		file. The original form or a copy shall be given to the
18		employee when the employee's his or her employment is
19		terminated. Failure to return the original form or a copy to
20		the employee is grounds for disciplinary action. The employee
21		shall not be required to repeat the required training once the
22		employee has been issued the form. An employer may provide or
23		require additional training.
24		(c) Any certification of completion of the 20-hour basic
25		training issued under the Private Detective, Private Alarm,

HB2395 Engrossed - 57 - LRB103 28370 AMQ 54750 b
1		Private Security and Locksmith Act of 1993 or any prior Act
2		shall be accepted as proof of training under this Act.
3		(Source: P.A. 93-438, eff. 8-5-03.)
4		(225 ILCS 447/30-30)
5		(Section scheduled to be repealed on January 1, 2024)
6		Sec. 30-30. Consumer protection; required information for
7		consumers.
8		(a) A licensee providing any locksmith services shall
9		document on a work order, invoice, or receipt the name,
10		address, and telephone number of the person requesting the
11		work to be done.
12		(b) The locksmith who performs the services shall include
13		on the work order, invoice, or receipt the locksmith's his or
14		her name and license number.
15		(c) If the locksmith who performs the services is employed
16		by a locksmith agency, then the name, address, and license
17		number of the locksmith agency and the name and license or
18		registration number of the locksmith who performed the
19		services shall be included on the work order, invoice, or
20		receipt.
21		(d) A copy of the work order, invoice, or receipt shall be
22		provided to the customer at the time of service and the
23		original copy of the work order, invoice, or receipt shall be
24		kept by the licensed locksmith or locksmith agency for a
25		period of 2 years.

HB2395 Engrossed - 58 - LRB103 28370 AMQ 54750 b
1		(e) The name, address, and license number of the locksmith
2		or locksmith agency, if applicable, shall be pre-printed on
3		the work order, invoice, or receipt required under this
4		Section.
5		(f) A locksmith may be disciplined by the Department
6		pursuant to this Act for gross or willful overcharging for
7		professional locksmith services, including filing false
8		statements for the collection of fees for services not
9		rendered.
10		(Source: P.A. 98-253, eff. 8-9-13.)
11		(225 ILCS 447/31-5)
12		(Section scheduled to be repealed on January 1, 2024)
13		Sec. 31-5. Exemptions.
14		(a) The provisions of this Act regarding fingerprint
15		vendors do not apply to any of the following, if the person
16		performing the service does not hold oneself himself or
17		herself out as a fingerprint vendor or fingerprint vendor
18		agency:
19		(1) An employee of the United States, Illinois, or a
20		political subdivision, including public school districts,
21		of either while the employee is engaged in the performance
22		of the employee's his or her official duties within the
23		scope of the employee's his or her employment. However,
24		any such person who offers the person's his or her
25		services as a fingerprint vendor or uses a similar title

HB2395 Engrossed - 59 - LRB103 28370 AMQ 54750 b
1		when these services are performed for compensation or
2		other consideration, whether received directly or
3		indirectly, is subject to this Act.
4		(2) A person employed exclusively by only one employer
5		in connection with the exclusive activities of that
6		employer, provided that person does not hold oneself
7		himself or herself out to the public as a fingerprint
8		vendor.
9		(3) Any member of local law enforcement in the
10		performance of his or her duties for criminal justice
11		purposes, notwithstanding whether the local law
12		enforcement agency charges a reasonable fee related to the
13		cost of offering fingerprinting services.
14		(b) The provisions of this Act regarding fingerprint
15		vendors do not apply to any member of a local law enforcement
16		agency, acting on behalf of the local law enforcement agency
17		that is registered with the Illinois State Police to provide
18		fingerprinting services for non-criminal justice purposes,
19		notwithstanding whether the local law enforcement agency
20		charges a reasonable fee related to the cost of offering
21		fingerprinting services.
22		(Source: P.A. 102-538, eff. 8-20-21.)
23		(225 ILCS 447/31-10)
24		(Section scheduled to be repealed on January 1, 2024)
25		Sec. 31-10. Qualifications for licensure as a fingerprint

HB2395 Engrossed - 60 - LRB103 28370 AMQ 54750 b
1		vendor.
2		(a) A person is qualified for licensure as a fingerprint
3		vendor if the person he or she meets all of the following
4		requirements:
5		(1) Is at least 18 years of age.
6		(2) Has not been convicted of any felony in any
7		jurisdiction or at least 10 years have elapsed since the
8		time of full discharge from a sentence imposed for a
9		felony conviction.
10		(3) Is of good moral character. Good moral character
11		is a continuing requirement of licensure. Conviction of
12		crimes other than felonies may be used in determining
13		moral character, but shall not constitute an absolute bar
14		to licensure, except where the applicant is a registered
15		sex offender.
16		(4) Has not been declared by any court of competent
17		jurisdiction to be incompetent by reason of mental or
18		physical defect or disease, unless a court has
19		subsequently declared him or her to be competent.
20		(5) Is not suffering from dependence on alcohol or
21		from narcotic addiction or dependence.
22		(6) Has not been dishonorably discharged from the
23		armed forces of the United States.
24		(7) Submits certification issued by the Illinois State
25		Police that the applicant has successfully completed a
26		fingerprint vendor training course conducted or authorized

HB2395 Engrossed - 61 - LRB103 28370 AMQ 54750 b
1		by the Illinois State Police.
2		(8) Submits the applicant's his or her fingerprints,
3		in accordance with subsection (b) of this Section.
4		(9) Has not violated any provision of this Act or any
5		rule adopted under this Act.
6		(10) Provides evidence satisfactory to the Department
7		that the applicant has obtained general liability
8		insurance in an amount and with coverage as determined by
9		rule. Failure to maintain general liability insurance and
10		failure to provide the Department with written proof of
11		the insurance, upon request, shall result in cancellation
12		of the license without hearing. A fingerprint vendor
13		employed by a licensed fingerprint vendor agency may
14		provide proof that the employee's his or her actions as a
15		fingerprint vendor are covered by the liability insurance
16		of the employee's his or her employer.
17		(11) Pays the required licensure fee.
18		(12) (Blank).
19		(13) Submits proof that the applicant maintains a
20		business office located in the State of Illinois.
21		(14) Provides proof of compliance with subsection (e)
22		of Section 31-15 of this Act if the applicant is not
23		required to obtain a fingerprint vendor agency license
24		pursuant to subsection (b) of Section 31-15 of this Act.
25		(b) Each applicant for a fingerprint vendor license shall
26		have the applicant's his or her fingerprints submitted to the

HB2395 Engrossed - 62 - LRB103 28370 AMQ 54750 b
1		Illinois State Police in an electronic format that complies
2		with the form and manner for requesting and furnishing
3		criminal history record information as prescribed by the
4		Illinois State Police. These fingerprints shall be checked
5		against the Illinois State Police and Federal Bureau of
6		Investigation criminal history record databases now and
7		hereafter filed. The Illinois State Police shall charge
8		applicants a fee for conducting the criminal history records
9		check, which shall be deposited in the State Police Services
10		Fund and shall not exceed the actual cost of the records check.
11		The Illinois State Police shall furnish, pursuant to positive
12		identification, records of Illinois convictions to the
13		Department. The Department may require applicants to pay a
14		separate fingerprinting fee, either to the Department or
15		directly to the vendor. The Department, in its discretion, may
16		allow an applicant who does not have reasonable access to a
17		designated vendor to provide the applicant's his or her
18		fingerprints in an alternative manner. The Department, in its
19		discretion, may also use other procedures in performing or
20		obtaining criminal background checks of applicants. Instead of
21		submitting the applicant's his or her fingerprints, an
22		individual may submit proof that is satisfactory to the
23		Department that an equivalent security clearance has been
24		conducted. Also, an individual who has retired as a peace
25		officer within 12 months of application may submit
26		verification, on forms provided by the Department and signed

HB2395 Engrossed - 63 - LRB103 28370 AMQ 54750 b
1		by the applicant's his or her employer, of the applicant's his
2		or her previous full-time employment as a peace officer.
3		(Source: P.A. 102-538, eff. 8-20-21.)
4		(225 ILCS 447/31-15)
5		(Section scheduled to be repealed on January 1, 2024)
6		Sec. 31-15. Qualifications for licensure as a fingerprint
7		vendor agency.
8		(a) Upon receipt of the required fee, compliance with
9		subsection (e) of this Section, and proof that the applicant
10		has a full-time Illinois licensed fingerprint vendor
11		licensee-in-charge, which is a continuing requirement for
12		agency licensure, the Department may issue a license as a
13		fingerprint vendor agency to any of the following:
14		(1) An individual who submits an application and is a
15		licensed fingerprint vendor under this Act.
16		(2) A firm that submits an application and all of the
17		members of the firm are licensed fingerprint vendors under
18		this Act.
19		(3) A corporation or limited liability company doing
20		business in Illinois that is authorized to engage in the
21		business of conducting a fingerprint vendor agency if at
22		least one officer or executive employee is a licensed
23		fingerprint vendor under this Act and all unlicensed
24		officers and directors of the corporation or limited
25		liability company are determined by the Department to be

HB2395 Engrossed - 64 - LRB103 28370 AMQ 54750 b
1		persons of good moral character.
2		(b) An individual licensed as a fingerprint vendor
3		operating under a business name other than the licensed
4		fingerprint vendor's own name shall not be required to obtain
5		a fingerprint vendor agency license if that licensed
6		fingerprint vendor does not employ any persons to provide
7		fingerprinting services. However, in either circumstance, the
8		individual shall comply with the requirements of subsection
9		(e) of this Section as a requirement for licensure.
10		(c) No fingerprint vendor may be the licensee-in-charge
11		for more than one fingerprint vendor agency. Upon written
12		request by a representative of the agency, within 10 days
13		after the loss of a licensee-in-charge of an agency because of
14		the death of that individual or because of the termination of
15		the employment of that individual, the Department shall issue
16		a temporary certificate of authority allowing the continuing
17		operation of the licensed agency. No temporary certificate of
18		authority shall be valid for more than 90 days. An extension of
19		an additional 90 days may be granted upon written request by
20		the representative of the agency. Not more than 2 extensions
21		may be granted to any agency. No temporary permit shall be
22		issued for loss of the licensee-in-charge because of
23		disciplinary action by the Department related to the
24		licensee-in-charge's his or her conduct on behalf of the
25		agency.
26		(d) Upon issuance of the temporary certificate of

HB2395 Engrossed - 65 - LRB103 28370 AMQ 54750 b
1		authority as provided for in subsection (c) of this Section
2		and at any time thereafter while the temporary certificate of
3		authority is in effect, the Department may request in writing
4		additional information from the agency regarding the loss of
5		its licensee-in-charge, the selection of a new
6		licensee-in-charge, and the management of the agency. Failure
7		of the agency to respond or respond to the satisfaction of the
8		Department shall cause the Department to deny any extension of
9		the temporary certificate of authority. While the temporary
10		certificate of authority is in effect, the Department may
11		disapprove the selection of a new licensee-in-charge by the
12		agency if the person's license is not operative or the
13		Department has good cause to believe that the person selected
14		will not fully exercise the responsibilities of a
15		licensee-in-charge. If the Department has disapproved the
16		selection of a new licensee-in-charge and the temporary
17		certificate of authority expires or is about to expire without
18		the agency selecting another new licensee-in-charge, the
19		Department shall grant an extension of the temporary
20		certificate of authority for an additional 90 days, except as
21		otherwise prohibited in subsection (c) or this subsection (d).
22		(e) An applicant shall submit certification issued by the
23		Illinois State Police that the applicant's fingerprinting
24		equipment and software meets all specifications required by
25		the Illinois State Police. Compliance with Illinois State
26		Police fingerprinting equipment and software specifications is

HB2395 Engrossed - 66 - LRB103 28370 AMQ 54750 b
1		a continuing requirement for licensure.
2		(Source: P.A. 102-538, eff. 8-20-21.)
3		(225 ILCS 447/31-20)
4		(Section scheduled to be repealed on January 1, 2024)
5		Sec. 31-20. Training; fingerprint vendor and employees.
6		(a) Registered employees of a licensed fingerprint vendor
7		agency shall complete a minimum of 20 hours of training
8		provided by a qualified instructor within 30 days of their
9		employment. The substance of the training shall be prescribed
10		by rule.
11		(b) It is the responsibility of the employer to certify,
12		on a form provided by the Department, that the employee has
13		successfully completed the training. The form shall be a
14		permanent record of training completed by the employee and
15		shall be placed in the employee's file with the employer for
16		the period the employee remains with the employer. An agency
17		may place a notarized copy of the Department form, in lieu of
18		the original, into the permanent employee registration card
19		file. The original form or a copy shall be given to the
20		employee when the employee's his or her employment is
21		terminated. Failure to return the original form or a copy to
22		the employee is grounds for disciplinary action. The employee
23		shall not be required to repeat the required training once the
24		employee has been issued the form. An employer may provide or
25		require additional training.

HB2395 Engrossed - 67 - LRB103 28370 AMQ 54750 b
1		(c) Any certification of completion of the 20-hour basic
2		training issued under this Act the Private Detective, Private
3		Alarm, Private Security, and Locksmith Act of 2004 or any
4		prior Act shall be accepted as proof of training under this
5		Act.
6		(d) No registered employee of a licensed fingerprint
7		vendor agency may operate live scan fingerprint equipment or
8		other equipment designed to obtain fingerprint images for the
9		purpose of providing fingerprint images and associated
10		demographic data to the Illinois State Police.
11		(Source: P.A. 102-538, eff. 8-20-21.)
12		(225 ILCS 447/35-5)
13		(Section scheduled to be repealed on January 1, 2024)
14		Sec. 35-5. Display of license. Each licensee shall
15		prominently display the licensee's his or her individual,
16		agency, or branch office license at each place where business
17		is being conducted, as required under this Act. A
18		licensee-in-charge is required to post the licensee's his or
19		her license only at the agency office.
20		(Source: P.A. 93-438, eff. 8-5-03.)
21		(225 ILCS 447/35-10)
22		(Section scheduled to be repealed on January 1, 2024)
23		Sec. 35-10. Inspection of facilities. Each licensee or
24		registrant shall permit the licensee's or registrant's his or

HB2395 Engrossed - 68 - LRB103 28370 AMQ 54750 b
1		her office facilities, business premises, canine training
2		facilities, firearm training facilities, and registered
3		employee files to be audited or inspected at reasonable times
4		and in a reasonable manner by the Department.
5		(Source: P.A. 98-253, eff. 8-9-13.)
6		(225 ILCS 447/35-15)
7		(Section scheduled to be repealed on January 1, 2024)
8		Sec. 35-15. Advertisements; penalties.
9		(a) No licensee providing services regulated by this Act
10		may knowingly advertise those services without including the
11		licensee's his or her license number in the advertisement. The
12		publisher of the advertising, however, is not required to
13		verify the accuracy of the advertisement or the license
14		number.
15		(b) A licensee who advertises services regulated by this
16		Act who knowingly (i) fails to display the licensee's his or
17		her license at the licensee's his or her place of business,
18		(ii) fails to provide the publisher with the current license
19		number, or (iii) provides the publisher with a false license
20		number or a license number other than that of the person or
21		agency doing the advertising or a licensee who knowingly
22		allows the licensee's his or her license number to be
23		displayed or used by another person or agency to circumvent
24		any provision of this subsection, is guilty of a Class A
25		misdemeanor. Each day an advertisement is published or a

HB2395 Engrossed - 69 - LRB103 28370 AMQ 54750 b
1		licensee allows the licensee's his or her license to be used in
2		violation of this Section constitutes a separate offense. In
3		addition to the penalties and remedies provided in this
4		Section, a licensee who violates any provision of this Section
5		shall be subject to the disciplinary action, fines, and civil
6		penalty provisions of this Act.
7		(Source: P.A. 93-438, eff. 8-5-03.)
8		(225 ILCS 447/35-25)
9		(Section scheduled to be repealed on January 1, 2024)
10		Sec. 35-25. Duplicate licenses. If a license, permanent
11		employee registration card, or firearm control card is lost, a
12		duplicate shall be issued upon proof of such loss together
13		with the payment of the required fee. If a licensee decides to
14		change the licensee's his or her name, the Department shall
15		issue a license in the new name upon proof that the change was
16		done pursuant to law and payment of the required fee.
17		Notification of a name change shall be made to the Department
18		within 30 days after the change.
19		(Source: P.A. 95-613, eff. 9-11-07.)
20		(225 ILCS 447/35-30)
21		(Section scheduled to be repealed on January 1, 2024)
22		Sec. 35-30. Employee requirements. All employees of a
23		licensed agency, other than those exempted, shall apply for a
24		permanent employee registration card. The holder of an agency

HB2395 Engrossed - 70 - LRB103 28370 AMQ 54750 b
1		license issued under this Act, known in this Section as
2		"employer", may employ in the conduct of the employer's his or
3		her business employees under the following provisions:
4		(a) No person shall be issued a permanent employee
5		registration card who:
6		(1) Is younger than 18 years of age.
7		(2) Is younger than 21 years of age if the services
8		will include being armed.
9		(3) Has been determined by the Department to be unfit
10		by reason of conviction of an offense in this or another
11		state, including registration as a sex offender, but not
12		including a traffic offense. Persons convicted of felonies
13		involving bodily harm, weapons, violence, or theft within
14		the previous 10 years shall be presumed to be unfit for
15		registration. The Department shall adopt rules for making
16		those determinations that shall afford the applicant due
17		process of law.
18		(4) Has had a license or permanent employee
19		registration card denied, suspended, or revoked under this
20		Act (i) within one year before the date the person's
21		application for permanent employee registration card is
22		received by the Department; and (ii) that refusal, denial,
23		suspension, or revocation was based on any provision of
24		this Act other than Section 40-50, item (6) or (8) of
25		subsection (a) of Section 15-10, subsection (b) of Section
26		15-10, item (6) or (8) of subsection (a) of Section 20-10,

HB2395 Engrossed - 71 - LRB103 28370 AMQ 54750 b
1		subsection (b) of Section 20-10, item (6) or (8) of
2		subsection (a) of Section 25-10, subsection (b) of Section
3		25-10, item (7) of subsection (a) of Section 30-10,
4		subsection (b) of Section 30-10, or Section 10-40.
5		(5) Has been declared incompetent by any court of
6		competent jurisdiction by reason of mental disease or
7		defect and has not been restored.
8		(6) Has been dishonorably discharged from the armed
9		services of the United States.
10		(b) No person may be employed by a private detective
11		agency, private security contractor agency, private alarm
12		contractor agency, fingerprint vendor agency, or locksmith
13		agency under this Section until the person he or she has
14		executed and furnished to the employer, on forms furnished by
15		the Department, a verified statement to be known as
16		"Employee's Statement" setting forth:
17		(1) The person's full name, age, and residence
18		address.
19		(2) The business or occupation engaged in for the 5
20		years immediately before the date of the execution of the
21		statement, the place where the business or occupation was
22		engaged in, and the names of employers, if any.
23		(3) That the person has not had a license or employee
24		registration denied, revoked, or suspended under this Act
25		(i) within one year before the date the person's
26		application for permanent employee registration card is

HB2395 Engrossed - 72 - LRB103 28370 AMQ 54750 b
1		received by the Department; and (ii) that refusal, denial,
2		suspension, or revocation was based on any provision of
3		this Act other than Section 40-50, item (6) or (8) of
4		subsection (a) of Section 15-10, subsection (b) of Section
5		15-10, item (6) or (8) of subsection (a) of Section 20-10,
6		subsection (b) of Section 20-10, item (6) or (8) of
7		subsection (a) of Section 25-10, subsection (b) of Section
8		25-10, item (7) of subsection (a) of Section 30-10,
9		subsection (b) of Section 30-10, or Section 10-40.
10		(4) Any conviction of a felony or misdemeanor.
11		(5) Any declaration of incompetence by a court of
12		competent jurisdiction that has not been restored.
13		(6) Any dishonorable discharge from the armed services
14		of the United States.
15		(7) Any other information as may be required by any
16		rule of the Department to show the good character,
17		competency, and integrity of the person executing the
18		statement.
19		(c) Each applicant for a permanent employee registration
20		card shall have the applicant's his or her fingerprints
21		submitted to the Illinois State Police in an electronic format
22		that complies with the form and manner for requesting and
23		furnishing criminal history record information as prescribed
24		by the Illinois State Police. These fingerprints shall be
25		checked against the Illinois State Police and Federal Bureau
26		of Investigation criminal history record databases now and

HB2395 Engrossed - 73 - LRB103 28370 AMQ 54750 b
1		hereafter filed. The Illinois State Police shall charge
2		applicants a fee for conducting the criminal history records
3		check, which shall be deposited in the State Police Services
4		Fund and shall not exceed the actual cost of the records check.
5		The Illinois State Police shall furnish, pursuant to positive
6		identification, records of Illinois convictions to the
7		Department. The Department may require applicants to pay a
8		separate fingerprinting fee, either to the Department or
9		directly to the vendor. The Department, in its discretion, may
10		allow an applicant who does not have reasonable access to a
11		designated vendor to provide the applicant's his or her
12		fingerprints in an alternative manner. The Department, in its
13		discretion, may also use other procedures in performing or
14		obtaining criminal background checks of applicants. Instead of
15		submitting the applicant's his or her fingerprints, an
16		individual may submit proof that is satisfactory to the
17		Department that an equivalent security clearance has been
18		conducted. Also, an individual who has retired as a peace
19		officer within 12 months of application may submit
20		verification, on forms provided by the Department and signed
21		by the applicant's his or her employer, of the applicant's his
22		or her previous full-time employment as a peace officer.
23		(d) The Department shall issue a permanent employee
24		registration card, in a form the Department prescribes, to all
25		qualified applicants. The holder of a permanent employee
26		registration card shall carry the card at all times while

HB2395 Engrossed - 74 - LRB103 28370 AMQ 54750 b
1		actually engaged in the performance of the duties of the
2		employee's his or her employment. Expiration and requirements
3		for renewal of permanent employee registration cards shall be
4		established by rule of the Department. Possession of a
5		permanent employee registration card does not in any way imply
6		that the holder of the card is employed by an agency unless the
7		permanent employee registration card is accompanied by the
8		employee identification card required by subsection (f) of
9		this Section.
10		(e) Each employer shall maintain a record of each employee
11		that is accessible to the duly authorized representatives of
12		the Department. The record shall contain the following
13		information:
14		(1) A photograph taken within 10 days of the date that
15		the employee begins employment with the employer. The
16		photograph shall be replaced with a current photograph
17		every 3 calendar years.
18		(2) The Employee's Statement specified in subsection
19		(b) of this Section.
20		(3) All correspondence or documents relating to the
21		character and integrity of the employee received by the
22		employer from any official source or law enforcement
23		agency.
24		(4) In the case of former employees, the employee
25		identification card of that person issued under subsection
26		(f) of this Section. Each employee record shall duly note

HB2395 Engrossed - 75 - LRB103 28370 AMQ 54750 b
1		if the employee is employed in an armed capacity. Armed
2		employee files shall contain a copy of an active firearm
3		owner's identification card and a copy of an active
4		firearm control card. Each employer shall maintain a
5		record for each armed employee of each instance in which
6		the employee's weapon was discharged during the course of
7		the employee's his or her professional duties or
8		activities. The record shall be maintained on forms
9		provided by the Department, a copy of which must be filed
10		with the Department within 15 days of an instance. The
11		record shall include the date and time of the occurrence,
12		the circumstances involved in the occurrence, and any
13		other information as the Department may require. Failure
14		to provide this information to the Department or failure
15		to maintain the record as a part of each armed employee's
16		permanent file is grounds for disciplinary action. The
17		Department, upon receipt of a report, shall have the
18		authority to make any investigation it considers
19		appropriate into any occurrence in which an employee's
20		weapon was discharged and to take disciplinary action as
21		may be appropriate.
22		(5) A copy of the employee's permanent employee
23		registration card or a copy of the Department's "License
24		Lookup" Webpage showing that the employee has been issued
25		a valid permanent employee registration card by the
26		Department.

HB2395 Engrossed - 76 - LRB103 28370 AMQ 54750 b
1		The Department may, by rule, prescribe further record
2		requirements.
3		(f) Every employer shall furnish an employee
4		identification card to each of the employer's his or her
5		employees. This employee identification card shall contain a
6		recent photograph of the employee, the employee's name, the
7		name and agency license number of the employer, the employee's
8		personal description, the signature of the employer, the
9		signature of that employee, the date of issuance, and an
10		employee identification card number.
11		(g) No employer may issue an employee identification card
12		to any person who is not employed by the employer in accordance
13		with this Section or falsely state or represent that a person
14		is or has been in the employer's his or her employ. It is
15		unlawful for an applicant for registered employment to file
16		with the Department the fingerprints of a person other than
17		himself or herself.
18		(h) Every employer shall obtain the identification card of
19		every employee who terminates employment with the employer him
20		or her.
21		(i) Every employer shall maintain a separate roster of the
22		names of all employees currently working in an armed capacity
23		and submit the roster to the Department on request.
24		(j) No agency may employ any person to perform a licensed
25		activity under this Act unless the person possesses a valid
26		permanent employee registration card or a valid license under

HB2395 Engrossed - 77 - LRB103 28370 AMQ 54750 b
1		this Act, or is exempt pursuant to subsection (n).
2		(k) Notwithstanding the provisions of subsection (j), an
3		agency may employ a person in a temporary capacity if all of
4		the following conditions are met:
5		(1) The agency completes in its entirety and submits
6		to the Department an application for a permanent employee
7		registration card, including the required fingerprint
8		receipt and fees.
9		(2) The agency has verification from the Department
10		that the applicant has no record of any criminal
11		conviction pursuant to the criminal history check
12		conducted by the Illinois State Police. The agency shall
13		maintain the verification of the results of the Illinois
14		State Police criminal history check as part of the
15		employee record as required under subsection (e) of this
16		Section.
17		(3) The agency exercises due diligence to ensure that
18		the person is qualified under the requirements of the Act
19		to be issued a permanent employee registration card.
20		(4) The agency maintains a separate roster of the
21		names of all employees whose applications are currently
22		pending with the Department and submits the roster to the
23		Department on a monthly basis. Rosters are to be
24		maintained by the agency for a period of at least 24
25		months.
26		An agency may employ only a permanent employee applicant

HB2395 Engrossed - 78 - LRB103 28370 AMQ 54750 b
1		for which it either submitted a permanent employee application
2		and all required forms and fees or it confirms with the
3		Department that a permanent employee application and all
4		required forms and fees have been submitted by another agency,
5		licensee or the permanent employee and all other requirements
6		of this Section are met.
7		The Department shall have the authority to revoke, without
8		a hearing, the temporary authority of an individual to work
9		upon receipt of Federal Bureau of Investigation fingerprint
10		data or a report of another official authority indicating a
11		criminal conviction. If the Department has not received a
12		temporary employee's Federal Bureau of Investigation
13		fingerprint data within 120 days of the date the Department
14		received the Illinois State Police fingerprint data, the
15		Department may, at its discretion, revoke the employee's
16		temporary authority to work with 15 days written notice to the
17		individual and the employing agency.
18		An agency may not employ a person in a temporary capacity
19		if it knows or reasonably should have known that the person has
20		been convicted of a crime under the laws of this State, has
21		been convicted in another state of any crime that is a crime
22		under the laws of this State, has been convicted of any crime
23		in a federal court, or has been posted as an unapproved
24		applicant by the Department. Notice by the Department to the
25		agency, via certified mail, personal delivery, electronic
26		mail, or posting on the Department's Internet site accessible

HB2395 Engrossed - 79 - LRB103 28370 AMQ 54750 b
1		to the agency that the person has been convicted of a crime
2		shall be deemed constructive knowledge of the conviction on
3		the part of the agency. The Department may adopt rules to
4		implement this subsection (k).
5		(l) No person may be employed under this Section in any
6		capacity if:
7		(1) the person, while so employed, is being paid by
8		the United States or any political subdivision for the
9		time so employed in addition to any payments the person he
10		or she may receive from the employer; or
11		(2) the person wears any portion of the person's his
12		or her official uniform, emblem of authority, or equipment
13		while so employed.
14		(m) If information is discovered affecting the
15		registration of a person whose fingerprints were submitted
16		under this Section, the Department shall so notify the agency
17		that submitted the fingerprints on behalf of that person.
18		(n) Peace officers shall be exempt from the requirements
19		of this Section relating to permanent employee registration
20		cards. The agency shall remain responsible for any peace
21		officer employed under this exemption, regardless of whether
22		the peace officer is compensated as an employee or as an
23		independent contractor and as further defined by rule.
24		(o) Persons who have no access to confidential or security
25		information, who do not go to a client's or prospective
26		client's residence or place of business, and who otherwise do

HB2395 Engrossed - 80 - LRB103 28370 AMQ 54750 b
1		not provide traditional security services are exempt from
2		employee registration. Examples of exempt employees include,
3		but are not limited to, employees working in the capacity of
4		ushers, directors, ticket takers, cashiers, drivers, and
5		reception personnel. Confidential or security information is
6		that which pertains to employee files, scheduling, client
7		contracts, or technical security and alarm data.
8		(p) An applicant who is 21 years of age or older seeking a
9		religious exemption to the photograph requirement of this
10		Section shall furnish with the application an approved copy of
11		United States Department of the Treasury Internal Revenue
12		Service Form 4029. Regardless of age, an applicant seeking a
13		religious exemption to this photograph requirement shall
14		submit fingerprints in a form and manner prescribed by the
15		Department with the applicant's his or her application in lieu
16		of a photograph.
17		(Source: P.A. 102-538, eff. 8-20-21.)
18		(225 ILCS 447/35-35)
19		(Section scheduled to be repealed on January 1, 2024)
20		Sec. 35-35. Requirement of a firearm control card.
21		(a) No person shall perform duties that include the use,
22		carrying, or possession of a firearm in the performance of
23		those duties without complying with the provisions of this
24		Section and having been issued a valid firearm control card by
25		the Department.

HB2395 Engrossed - 81 - LRB103 28370 AMQ 54750 b
1		(b) No employer shall employ any person to perform the
2		duties for which licensure or employee registration is
3		required and allow that person to carry a firearm unless that
4		person has complied with all the firearm training requirements
5		of this Section and has been issued a firearm control card.
6		This Act permits only the following to carry firearms while
7		actually engaged in the performance of their duties or while
8		commuting directly to or from their places of employment:
9		persons licensed as private detectives and their registered
10		employees; persons licensed as private security contractors
11		and their registered employees; persons licensed as private
12		alarm contractors and their registered employees; and
13		employees of a registered armed proprietary security force.
14		(c) Possession of a valid firearm control card allows a
15		licensee or employee to carry a firearm not otherwise
16		prohibited by law while the licensee or employee is engaged in
17		the performance of the licensee's or employee's his or her
18		duties or while the licensee or employee is commuting directly
19		to or from the licensee's or employee's place or places of
20		employment.
21		(d) The Department shall issue a firearm control card to a
22		person who has passed an approved firearm training course, who
23		is currently licensed or employed by an agency licensed by
24		this Act and has met all the requirements of this Act, and who
25		possesses a valid firearm owner identification card.
26		Application for the firearm control card shall be made by the

HB2395 Engrossed - 82 - LRB103 28370 AMQ 54750 b
1		employer to the Department on forms provided by the
2		Department. The Department shall forward the card to the
3		employer who shall be responsible for its issuance to the
4		licensee or employee. The firearm control card shall be issued
5		by the Department and shall identify the person holding it and
6		the name of the course where the licensee or employee received
7		firearm instruction and shall specify the type of weapon or
8		weapons the person is authorized by the Department to carry
9		and for which the person has been trained.
10		(e) Expiration and requirements for renewal of firearm
11		control cards shall be determined by rule.
12		(f) The Department may, in addition to any other
13		disciplinary action permitted by this Act, refuse to issue,
14		suspend, or revoke a firearm control card if the applicant or
15		holder has been convicted of any felony or crime involving the
16		illegal use, carrying, or possession of a deadly weapon or for
17		a violation of this Act or rules promulgated under this Act.
18		The Department shall refuse to issue or shall revoke a firearm
19		control card if the applicant or holder fails to possess a
20		valid firearm owners identification card without hearing. The
21		Secretary shall summarily suspend a firearm control card if
22		the Secretary finds that its continued use would constitute an
23		imminent danger to the public. A hearing shall be held before
24		the Board within 30 days if the Secretary summarily suspends a
25		firearm control card.
26		(g) Notwithstanding any other provision of this Act to the

HB2395 Engrossed - 83 - LRB103 28370 AMQ 54750 b
1		contrary, all requirements relating to firearms control cards
2		do not apply to a peace officer. If an individual ceases to be
3		employed as a peace officer and continues to perform services
4		in an armed capacity under this Act that are licensed
5		activities, then the individual is required to obtain a
6		permanent employee registration card pursuant to Section 35-30
7		of this Act and must possess a valid Firearm Owner's
8		Identification Card, but is not required to obtain a firearm
9		control card if the individual is otherwise in continuing
10		compliance with the federal Law Enforcement Officers Safety
11		Act of 2004. If an individual elects to carry a firearm
12		pursuant to the federal Law Enforcement Officers Safety Act of
13		2004, then the agency employing the officer shall is required
14		to submit an application a notice of that election to the
15		Department for issuance of a waiver card along with a fee
16		specified by rule.
17		(h) The Department may issue a temporary firearm control
18		card pending issuance of a new firearm control card upon an
19		agency's acquiring of an established armed account. An agency
20		that has acquired armed employees as a result of acquiring an
21		established armed account may, on forms supplied by the
22		Department, request the issuance of a temporary firearm
23		control card for each acquired employee who held a valid
24		firearm control card under the employer's his or her
25		employment with the newly acquired established armed account
26		immediately preceding the acquiring of the account and who

HB2395 Engrossed - 84 - LRB103 28370 AMQ 54750 b
1		continues to meet all of the qualifications for issuance of a
2		firearm control card set forth in this Act and any rules
3		adopted under this Act. The Department shall, by rule, set the
4		fee for issuance of a temporary firearm control card.
5		(i) The Department shall not issue a firearm control card
6		to a licensed fingerprint vendor or a licensed locksmith or
7		employees of a licensed fingerprint vendor agency or a
8		licensed locksmith agency.
9		(Source: P.A. 100-712, eff. 8-3-18.)
10		(225 ILCS 447/35-43)
11		(Section scheduled to be repealed on January 1, 2024)
12		Sec. 35-43. Requirement of a canine trainer authorization
13		card; qualifications.
14		(a) No person may perform duties that include the training
15		of canine handlers and canines to protect persons or property
16		or to conduct investigations without having been issued a
17		valid canine trainer authorization card by the Department.
18		(b) No employer shall employ any person to perform the
19		duties for which employee registration is required under this
20		Act and allow that person to train canine handlers and canines
21		unless that person has been issued a canine trainer
22		authorization card.
23		(c) The Department shall issue a canine trainer
24		authorization card to a person who (i) has passed an approved
25		canine trainer training course, (ii) is currently employed by

HB2395 Engrossed - 85 - LRB103 28370 AMQ 54750 b
1		an agency licensed under this Act, and (iii) has met all of the
2		applicable requirements of this Act. Application for the
3		canine trainer authorization card shall be made by the
4		employer to the Department on forms provided by the
5		Department. The Department shall forward the card to the
6		employer who shall be responsible for its issuance to the
7		employee.
8		(d) The Department may, in addition to any other
9		disciplinary action permitted by this Act, refuse to issue,
10		suspend, or revoke a canine trainer authorization card if the
11		applicant or holder has been convicted of any felony or
12		misdemeanor involving cruelty to animals or for a violation of
13		this Act or rules promulgated under this Act.
14		(e) Qualifications for canine trainers shall be set by the
15		Department by rule. Any person who has been engaged in the
16		provision of canine trainer services prior to January 1, 2005,
17		shall be granted a canine trainer authorization card upon the
18		submission of a completed application, the payment of
19		applicable fees, and the demonstration satisfactory to the
20		Department of the provision of such services.
21		(Source: P.A. 95-613, eff. 9-11-07.)
22		(225 ILCS 447/35-45)
23		(Section scheduled to be repealed on January 1, 2024)
24		Sec. 35-45. Armed proprietary security force.
25		(a) All financial institutions or commercial or industrial

HB2395 Engrossed - 86 - LRB103 28370 AMQ 54750 b
1		operations that employ one or more armed employees shall
2		register their security forces with the Department on forms
3		provided by the Department. Registration subjects the security
4		force to all of the requirements of Section 35-40. For the
5		purposes of this Section, "financial institution" includes a
6		bank, savings and loan association, credit union, currency
7		exchange, or company providing armored car services.
8		(b) All armed employees of the registered proprietary
9		security force must complete a 20-hour basic training course
10		and all the firearm training requirements of Section 35-40.
11		(c) Every proprietary security force is required to apply
12		to the Department, on forms supplied by the Department, for a
13		firearm control card for each armed employee. Each armed
14		employee shall have the employee's his or her fingerprints
15		submitted to the Department of State Police in an electronic
16		format that complies with the form and manner for requesting
17		and furnishing criminal history record information as
18		prescribed by the Department of State Police. These
19		fingerprints shall be checked against the Department of State
20		Police and Federal Bureau of Investigation criminal history
21		record databases. The Department of State Police shall charge
22		the armed employee a fee for conducting the criminal history
23		records check, which shall be deposited in the State Police
24		Services Fund and shall not exceed the actual cost of the
25		records check. The Department of State Police shall furnish,
26		pursuant to positive identification, records of Illinois

HB2395 Engrossed - 87 - LRB103 28370 AMQ 54750 b
1		convictions to the Department. The Department may require
2		armed employees to pay a separate fingerprinting fee, either
3		to the Department or directly to the vendor. The Department,
4		in its discretion, may allow an armed employee who does not
5		have reasonable access to a designated vendor to provide the
6		employee's his or her fingerprints in an alternative manner.
7		The Department, in its discretion, may also use other
8		procedures in performing or obtaining criminal background
9		checks of armed employees. Instead of submitting the
10		employee's his or her fingerprints, an individual may submit
11		proof that is satisfactory to the Department that an
12		equivalent security clearance has been conducted. Also, an
13		individual who has retired as a peace officer within 12 months
14		before application may submit verification, on forms provided
15		by the Department and signed by the employee's his or her
16		employer, of the employee's his or her previous full-time
17		employment as a peace officer.
18		(d) The Department may provide rules for the
19		administration of this Section.
20		(Source: P.A. 102-152, eff. 1-1-22.)
21		(225 ILCS 447/40-5)
22		(Section scheduled to be repealed on January 1, 2024)
23		Sec. 40-5. Injunctive relief.
24		(a) The practice of a private detective, private security
25		contractor, private alarm contractor, fingerprint vendor,

HB2395 Engrossed - 88 - LRB103 28370 AMQ 54750 b
1		locksmith, private detective agency, private security
2		contractor agency, private alarm contractor agency,
3		fingerprint vendor agency, or locksmith agency by any person,
4		firm, corporation, or other legal entity that has not been
5		issued a license by the Department or whose license has been
6		suspended, revoked, or not renewed is hereby declared to be
7		inimical to the public safety and welfare and to constitute a
8		public nuisance. The Secretary may, in the name of the People
9		of the State of Illinois through the Attorney General of the
10		State of Illinois or the State's Attorney of any county in
11		which the violation is alleged to have occurred in the State of
12		Illinois, petition for an order enjoining the violation or for
13		an order enforcing compliance with this Act. Upon the filing
14		of a verified petition in court, if satisfied by affidavit or
15		otherwise that the person, firm, corporation, or other legal
16		entity is or has been conducting activities in violation of
17		this Act, the court may enter a temporary restraining order or
18		preliminary injunction, without bond, enjoining the defendant
19		from further activity. A copy of the verified complaint shall
20		be served upon the defendant and the proceedings shall be
21		conducted as in civil cases. If it is established the
22		defendant has been or is conducting activities in violation of
23		this Act, the court may enter a judgment enjoining the
24		defendant from that activity. In case of violation of any
25		injunctive order or judgment entered under this Section, the
26		court may punish the offender for contempt of court.

HB2395 Engrossed - 89 - LRB103 28370 AMQ 54750 b
1		Injunctive proceedings shall be in addition to all other
2		penalties under this Act.
3		(b) If any person practices as a private detective,
4		private security contractor, private alarm contractor,
5		fingerprint vendor, locksmith, private detective agency,
6		private security contractor agency, private alarm contractor
7		agency, fingerprint vendor agency, or locksmith agency or
8		holds himself or herself out as such without having a valid
9		license under this Act, then any licensee, any interested
10		party, or any person injured thereby may, in addition to the
11		Secretary, petition for relief as provided in subsection (a)
12		of this Section. Reasonable attorney's fees and costs may be
13		awarded to the licensee, interested party, or person injured
14		if the licensee, interested party, or person injured he or she
15		successfully obtains injunctive relief, whether by consent or
16		otherwise.
17		(Source: P.A. 102-418, eff. 8-20-21.)
18		(225 ILCS 447/40-10)
19		(Section scheduled to be repealed on January 1, 2024)
20		Sec. 40-10. Disciplinary sanctions.
21		(a) The Department may deny issuance, refuse to renew, or
22		restore or may reprimand, place on probation, suspend, revoke,
23		or take other disciplinary or non-disciplinary action against
24		any license, registration, permanent employee registration
25		card, canine handler authorization card, canine trainer

HB2395 Engrossed - 90 - LRB103 28370 AMQ 54750 b
1		authorization card, or firearm control card, may impose a fine
2		not to exceed $10,000 for each violation, and may assess costs
3		as provided for under Section 45-60, for any of the following:
4		(1) Fraud, deception, or misrepresentation in
5		obtaining or renewing of a license or registration.
6		(2) Professional incompetence as manifested by poor
7		standards of service.
8		(3) Engaging in dishonorable, unethical, or
9		unprofessional conduct of a character likely to deceive,
10		defraud, or harm the public.
11		(4) Conviction of or plea of guilty or plea of nolo
12		contendere to a felony or misdemeanor in this State or any
13		other jurisdiction or the entry of an administrative
14		sanction by a government agency in this State or any other
15		jurisdiction; action taken under this paragraph (4) for a
16		misdemeanor or an administrative sanction is limited to a
17		misdemeanor or administrative sanction that has as an
18		essential element of dishonesty or fraud or involves
19		larceny, embezzlement, or obtaining money, property, or
20		credit by false pretenses or by means of a confidence
21		game.
22		(5) Performing any services in a grossly negligent
23		manner or permitting any of a licensee's employees to
24		perform services in a grossly negligent manner, regardless
25		of whether actual damage to the public is established.
26		(6) Continued practice, although the person has become

HB2395 Engrossed - 91 - LRB103 28370 AMQ 54750 b
1		unfit to practice due to any of the following:
2		(A) Physical illness, mental illness, or other
3		impairment, including, but not limited to,
4		deterioration through the aging process or loss of
5		motor skills that results in the inability to serve
6		the public with reasonable judgment, skill, or safety.
7		(B) (Blank).
8		(C) Habitual or excessive use or abuse of drugs
9		defined in law as controlled substances, alcohol, or
10		any other substance that results in the inability to
11		practice with reasonable judgment, skill, or safety.
12		(7) Receiving, directly or indirectly, compensation
13		for any services not rendered.
14		(8) Willfully deceiving or defrauding the public on a
15		material matter.
16		(9) Failing to account for or remit any moneys or
17		documents coming into the licensee's possession that
18		belong to another person or entity.
19		(10) Discipline by another United States jurisdiction,
20		foreign nation, or governmental agency, if at least one of
21		the grounds for the discipline is the same or
22		substantially equivalent to those set forth in this Act.
23		(11) Giving differential treatment to a person that is
24		to that person's detriment because of race, color, creed,
25		sex, religion, or national origin.
26		(12) Engaging in false or misleading advertising.

HB2395 Engrossed - 92 - LRB103 28370 AMQ 54750 b
1		(13) Aiding, assisting, or willingly permitting
2		another person to violate this Act or rules promulgated
3		under it.
4		(14) Performing and charging for services without
5		authorization to do so from the person or entity serviced.
6		(15) Directly or indirectly offering or accepting any
7		benefit to or from any employee, agent, or fiduciary
8		without the consent of the latter's employer or principal
9		with intent to or the understanding that this action will
10		influence the person's his or her conduct in relation to
11		the person's his or her employer's or principal's affairs.
12		(16) Violation of any disciplinary order imposed on a
13		licensee by the Department.
14		(17) Performing any act or practice that is a
15		violation of this Act or the rules for the administration
16		of this Act, or having a conviction or administrative
17		finding of guilty as a result of violating any federal or
18		State laws, rules, or regulations that apply exclusively
19		to the practices of private detectives, private alarm
20		contractors, private security contractors, fingerprint
21		vendors, or locksmiths.
22		(18) Owning, operating, or managing Conducting an
23		agency without a valid license.
24		(19) Revealing confidential information, except as
25		required by law, including but not limited to information
26		available under Section 2-123 of the Illinois Vehicle

HB2395 Engrossed - 93 - LRB103 28370 AMQ 54750 b
1		Code.
2		(20) Failing to make available to the Department, upon
3		request, any books, records, or forms required by this
4		Act.
5		(21) Failing, within 30 days, to respond to a written
6		request for information from the Department.
7		(22) Failing to provide employment information or
8		experience information required by the Department
9		regarding an applicant for licensure.
10		(23) Failing to make available to the Department at
11		the time of the request any indicia of licensure or
12		registration issued under this Act.
13		(24) Purporting to be a licensee-in-charge of an
14		agency without active participation in the agency.
15		(25) A finding by the Department that the licensee,
16		after having the licensee's his or her license placed on
17		probationary status, has violated the terms of probation.
18		(26) Violating subsection (f) of Section 30-30.
19		(27) A firearm control card holder having more
20		firearms in the holder's his or her immediate possession
21		than the holder he or she can reasonably exercise control
22		over.
23		(28) Failure to report in writing to the Department,
24		within 60 days of an entry of a settlement or a verdict in
25		excess of $10,000, any legal action in which the quality
26		of the licensee's or registrant's professional services

HB2395 Engrossed - 94 - LRB103 28370 AMQ 54750 b
1		was the subject of the legal action.
2		(b) All fines imposed under this Section shall be paid
3		within 60 days after the effective date of the order imposing
4		the fine.
5		(c) The Department shall adopt rules that set forth
6		standards of service for the following: (i) acceptable error
7		rate in the transmission of fingerprint images and other data
8		to the Illinois State Police; (ii) acceptable error rate in
9		the collection and documentation of information used to
10		generate fingerprint work orders; and (iii) any other standard
11		of service that affects fingerprinting services as determined
12		by the Department.
13		The determination by a circuit court that a licensee is
14		subject to involuntary admission or judicial admission, as
15		provided in the Mental Health and Developmental Disabilities
16		Code, operates as an automatic suspension. The suspension will
17		end only upon a finding by a court that the patient is no
18		longer subject to involuntary admission or judicial admission
19		and the issuance of an order so finding and discharging the
20		patient.
21		(Source: P.A. 102-538, eff. 8-20-21.)
22		(225 ILCS 447/40-20)
23		(Section scheduled to be repealed on January 1, 2024)
24		Sec. 40-20. Confidential information; violation. Any
25		person who is or has been an employee of a licensee shall not

HB2395 Engrossed - 95 - LRB103 28370 AMQ 54750 b
1		divulge to anyone, other than to the person's his or her
2		employer, except as required by law or at the his employer's
3		direction, any confidential or proprietary information
4		acquired during the person's his or her employment. Any
5		individual who violates this Section or who files false papers
6		or reports to the person's his or her employer may be
7		disciplined under Section 40-10 of this Act.
8		(Source: P.A. 93-438, eff. 8-5-03.)
9		(225 ILCS 447/40-25)
10		(Section scheduled to be repealed on January 1, 2024)
11		Sec. 40-25. Submission to physical or mental examination.
12		(a) The Department or Board upon a showing of a possible
13		violation may compel an individual licensed to practice under
14		this Act, or who has applied for licensure under this Act, to
15		submit to a mental or physical examination, or both, which may
16		include a substance abuse or sexual offender evaluation, as
17		required by and at the expense of the Department. The
18		Department or Board shall specifically designate the examining
19		physician licensed to practice medicine in all of its branches
20		or, if applicable, the multidisciplinary team involved in
21		providing the mental or physical examination, evaluation, or
22		both. The multidisciplinary team shall be led by a physician
23		licensed to practice medicine in all of its branches and may
24		consist of one or more or a combination of physicians licensed
25		to practice medicine in all of its branches, licensed

HB2395 Engrossed - 96 - LRB103 28370 AMQ 54750 b
1		chiropractic physicians, licensed clinical psychologists,
2		licensed clinical social workers, licensed clinical
3		professional counselors, and other professional and
4		administrative staff. Any examining physician or member of the
5		multidisciplinary team may require any person ordered to
6		submit to an examination and evaluation pursuant to this
7		Section to submit to any additional supplemental testing
8		deemed necessary to complete any examination or evaluation
9		process, including, but not limited to, blood testing,
10		urinalysis, psychological testing, or neuropsychological
11		testing. The Department or the Board may order the examining
12		physician or any member of the multidisciplinary team to
13		provide to the Department any and all records, including
14		business records, that relate to the examination and
15		evaluation, including any supplemental testing performed. The
16		Department or the Board may order the examining physician or
17		any member of the multidisciplinary team to present testimony
18		concerning this examination and evaluation of the licensee or
19		applicant, including testimony concerning any supplemental
20		testing or documents relating to the examination and
21		evaluation. No information, report, record, or other documents
22		in any way related to the examination and evaluation shall be
23		excluded by reason of any common law or statutory privilege
24		relating to communication between the licensee or applicant
25		and the examining physician or any member of the
26		multidisciplinary team. No authorization is necessary from the

HB2395 Engrossed - 97 - LRB103 28370 AMQ 54750 b
1		licensee or applicant ordered to undergo an evaluation and
2		examination for the examining physician or any member of the
3		multidisciplinary team to provide information, reports,
4		records, or other documents or to provide any testimony
5		regarding the examination and evaluation. The individual to be
6		examined may have, at the individual's his or her own expense,
7		another physician of the individual's his or her choice
8		present during all aspects of this examination. Failure of an
9		individual to submit to a mental or physical examination, or
10		both, when directed, shall result in automatic suspension
11		without hearing, until such time as the individual submits to
12		the examination.
13		(b) In instances in which the Secretary immediately
14		suspends a person's license for the person's his or her
15		failure to submit to a mental or physical examination when
16		directed, a hearing on that person's license must be convened
17		by the Department within 15 days after the suspension and
18		completed without appreciable delay.
19		(c) In instances in which the Secretary otherwise suspends
20		a person's license pursuant to the results of a compelled
21		mental or physical examination, a hearing on that person's
22		license must be convened by the Department within 15 days
23		after the suspension and completed without appreciable delay.
24		The Department and Board shall have the authority to review
25		the subject individual's record of treatment and counseling
26		regarding the impairment to the extent permitted by applicable

HB2395 Engrossed - 98 - LRB103 28370 AMQ 54750 b
1		federal statutes and regulations safeguarding the
2		confidentiality of medical records.
3		(d) An individual licensed under this Act and affected
4		under this Section shall be afforded an opportunity to
5		demonstrate to the Department or Board that the individual he
6		or she can resume practice in compliance with acceptable and
7		prevailing standards under the provisions of the individual's
8		his or her license.
9		(Source: P.A. 98-253, eff. 8-9-13.)
10		(225 ILCS 447/40-30)
11		(Section scheduled to be repealed on January 1, 2024)
12		Sec. 40-30. Insufficient funds; checks. A person who
13		delivers a check or other payment to the Department that is
14		returned to the Department unpaid by the financial institution
15		upon which it was drawn shall pay to the Department, in
16		addition to the amount already owed, a penalty of $50. The
17		Department shall notify the person by first class mail that
18		the person's his or her check or payment was returned and that
19		the person shall pay to the Department by certified check or
20		money order the amount of the returned check plus a $50 penalty
21		within 30 calendar days after the date of the notification.
22		If, after the expiration of 30 calendar days of the
23		notification, the person has failed to remit the necessary
24		funds and penalty, the Department shall automatically
25		terminate the license or deny the application without a

HB2395 Engrossed - 99 - LRB103 28370 AMQ 54750 b
1		hearing. If the returned check or other payment was for
2		issuance of a license under this Act and that person practices
3		as a licensee, that person may be subject to discipline for
4		unlicensed practice as provided in this Act. If, after
5		termination or denial, the person seeks a license, the person
6		he or she shall petition the Department for restoration and
7		the person he or she may be subject to additional discipline or
8		fines. The Secretary may waive the penalties or fines due
9		under this Section in individual cases where the Secretary
10		finds that the penalties or fines would be unreasonable or
11		unnecessarily burdensome.
12		(Source: P.A. 98-253, eff. 8-9-13.)
13		(225 ILCS 447/45-10)
14		(Section scheduled to be repealed on January 1, 2024)
15		Sec. 45-10. Complaints; investigations; hearings.
16		(a) The Department may investigate the actions of any
17		applicant or of any person or persons holding or claiming to
18		hold a license or registration under this Act.
19		(b) The Department shall, before disciplining a licensee
20		under Section 40-10 or refusing to issue or license, at least
21		30 days before the date set for the hearing, (i) notify the
22		accused in writing of the charges made and the time and place
23		for the hearing on the charges, (ii) direct the accused him or
24		her to file a written answer to the charges under oath within
25		20 days after service, and (iii) inform the applicant or

HB2395 Engrossed - 100 - LRB103 28370 AMQ 54750 b
1		licensee that failure to answer will result in a default being
2		entered against the applicant or licensee.
3		(c) At the time and place fixed in the notice, the Board or
4		the hearing officer appointed by the Secretary shall proceed
5		to hear the charges, and the parties or their counsel shall be
6		accorded ample opportunity to present any pertinent
7		statements, testimony, evidence, and arguments. The Board or
8		hearing officer may continue the hearing from time to time. In
9		case the person, after receiving the notice, fails to file an
10		answer, the person's his or her license may, in the discretion
11		of the Secretary, having first received the recommendation of
12		the Board, be suspended, revoked, or placed on probationary
13		status, or be subject to whatever disciplinary action the
14		Secretary considers proper, including limiting the scope,
15		nature, or extent of the person's practice or the imposition
16		of a fine, without hearing, if the act or acts charged
17		constitute sufficient grounds for that action under this Act.
18		(d) The written notice and any notice in the subsequent
19		proceeding may be served by regular or certified mail to the
20		licensee's address of record or electronically to the
21		licensee's email address of record.
22		(e) The Secretary has the authority to appoint any
23		attorney licensed to practice law in the State of Illinois to
24		serve as the hearing officer in any action for refusal to
25		issue, restore, or renew a license or to discipline a
26		licensee. The hearing officer has full authority to conduct

HB2395 Engrossed - 101 - LRB103 28370 AMQ 54750 b
1		the hearing.
2		(Source: P.A. 98-253, eff. 8-9-13.)
3		(225 ILCS 447/45-15)
4		(Section scheduled to be repealed on January 1, 2024)
5		Sec. 45-15. Hearing; rehearing.
6		(a) The Board or the hearing officer authorized by the
7		Department shall hear evidence in support of the formal
8		charges and evidence produced by the licensee. At the
9		conclusion of the hearing, the Board shall present to the
10		Secretary a written report of its findings of fact,
11		conclusions of law, and recommendations. The report shall
12		contain a finding of whether the accused person violated this
13		Act or failed to comply with the conditions required in this
14		Act. The Board shall specify the nature of the violation or
15		failure to comply and shall make its recommendation to the
16		Secretary.
17		(b) At the conclusion of the hearing, a copy of the Board
18		or hearing officer's report shall be served upon the applicant
19		or licensee by the Department, either personally or as
20		provided in this Act for the service of a notice of hearing.
21		Within 20 calendar days after service, the applicant or
22		licensee may present to the Secretary Department a motion in
23		writing for a rehearing, which shall specify the particular
24		grounds for rehearing. The Department may respond to the
25		motion for rehearing within 20 calendar days after its service

HB2395 Engrossed - 102 - LRB103 28370 AMQ 54750 b
1		on the Department. If no motion for rehearing is filed, then
2		upon the expiration of the time specified for filing such a
3		motion, or upon denial of a motion for rehearing, the
4		Secretary may enter an order in accordance with the
5		recommendations of the Board or hearing officer. If the
6		applicant or licensee orders from the reporting service and
7		pays for a transcript of the record within the time for filing
8		a motion for rehearing, the 20-day period within which a
9		motion may be filed shall commence upon the delivery of the
10		transcript to the applicant or licensee.
11		(c) If the Secretary disagrees in any regard with the
12		report of the Board or the hearing officer, the Secretary may
13		issue an order contrary to the report. The finding is not
14		admissible in evidence against the person in a criminal
15		prosecution brought for the violation of this Act, but the
16		hearing and findings are not a bar to a criminal prosecution
17		for the violation of this Act.
18		(d) Whenever the Secretary is not satisfied that
19		substantial justice has been done, the Secretary may order a
20		rehearing by the same or another hearing officer.
21		(e) All proceedings under this Section are matters of
22		public record and shall be preserved.
23		(f) Upon the suspension or revocation of a license, the
24		licensee shall surrender the license to the Department and,
25		upon failure to do so, the Department shall seize the same.
26		(Source: P.A. 98-253, eff. 8-9-13.)

HB2395 Engrossed - 103 - LRB103 28370 AMQ 54750 b
1		(225 ILCS 447/45-40)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 45-40. Administrative review. All final
4		administrative decisions of the Department are subject to
5		judicial review under Article III of the Code of Civil
6		Procedure. The term "administrative decision" is defined as in
7		Section 3-101 of the Code of Civil Procedure. The proceedings
8		for judicial review shall be commenced in the circuit court of
9		the county in which the party applying for review resides; but
10		if the party is not a resident of Illinois, the venue shall be
11		in Sangamon County. The Department shall not be required to
12		certify any record to the court or file any answer in court or
13		otherwise appear in any court in a judicial review proceeding,
14		unless and until the Department has received from the
15		plaintiff payment of the costs of furnishing and certifying
16		the record, which costs shall be determined by the Department.
17		Exhibits shall be certified without cost. Failure on the part
18		of the applicant or licensee to file a receipt in court is
19		grounds for dismissal of the action. During all judicial
20		proceedings incident to a disciplinary action, the sanctions
21		imposed upon a licensee by the Department shall remain in
22		effect, unless the court determines justice requires a stay of
23		the order.
24		(Source: P.A. 96-1445, eff. 8-20-10.)

HB2395 Engrossed - 104 - LRB103 28370 AMQ 54750 b
1		(225 ILCS 447/45-55)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 45-55. Subpoenas.
4		(a) The Department may subpoena and bring before it any
5		person to take the oral or written testimony or compel the
6		production of any books, papers, records, or any other
7		documents that the Secretary or the Secretary's his or her
8		designee deems relevant or material to any such investigation
9		or hearing conducted by the Department with the same fees and
10		in the same manner as prescribed in civil cases in the courts
11		of this State.
12		(b) Any circuit court, upon the application of the
13		applicant, licensee, or Department, may order the attendance
14		and testimony of witnesses and the production of relevant
15		documents, files, records, books and papers in connection with
16		any hearing or investigation. The circuit court may compel
17		obedience to its order by proceedings for contempt.
18		(c) The Secretary, the hearing officer, any member of the
19		Board, or a certified shorthand court reporter may administer
20		oaths at any hearing the Department conducts. Notwithstanding
21		any other statute or Department rule to the contrary, all
22		requests for testimony, production of documents or records
23		shall be in accordance with this Act.
24		(Source: P.A. 98-253, eff. 8-9-13.)
25		(225 ILCS 447/50-5)

HB2395 Engrossed - 105 - LRB103 28370 AMQ 54750 b
1		(Section scheduled to be repealed on January 1, 2024)
2		Sec. 50-5. Personnel; investigators. The Secretary shall
3		employ, pursuant to the Personnel Code, personnel, on a
4		full-time or part-time basis, for the enforcement of this Act.
5		Each investigator shall have a minimum of 2 years
6		investigative experience out of the immediately preceding 5
7		years. No investigator may hold an active license issued
8		pursuant to this Act, nor may an investigator have a financial
9		interest in a business licensed under this Act. This
10		prohibition, however, does not apply to an investigator
11		holding stock in a business licensed under this Act, provided
12		the investigator does not hold more than 5% of the stock in the
13		business. Any person licensed under this Act who is employed
14		by the Department shall surrender the person's his or her
15		license to the Department for the duration of that employment.
16		The licensee shall be exempt from all renewal fees while
17		employed. While employed by the Department, the licensee is
18		not required to maintain the general liability insurance
19		coverage required by this Act.
20		(Source: P.A. 98-253, eff. 8-9-13.)
21		(225 ILCS 447/50-10)
22		(Section scheduled to be repealed on January 1, 2024)
23		Sec. 50-10. The Private Detective, Private Alarm, Private
24		Security, Fingerprint Vendor, and Locksmith Board.
25		(a) The Private Detective, Private Alarm, Private

HB2395 Engrossed - 106 - LRB103 28370 AMQ 54750 b
1		Security, Fingerprint Vendor, and Locksmith Board shall
2		consist of 13 members appointed by the Secretary and comprised
3		of 2 licensed private detectives, 3 licensed private security
4		contractors, one licensed private detective or licensed
5		private security contractor who provides canine odor detection
6		services, 2 licensed private alarm contractors, one licensed
7		fingerprint vendor except for the initial appointment who
8		shall be required to have experience in the fingerprint vendor
9		industry that is acceptable to the Department, 2 licensed
10		locksmiths, one public member who is not licensed or
11		registered under this Act and who has no connection with a
12		business licensed under this Act, and one member representing
13		the employees registered under this Act. Each member shall be
14		a resident of Illinois. Each Except for the initial
15		appointment of a licensed fingerprint vendor after the
16		effective date of this amendatory Act of the 95th General
17		Assembly, each licensed member shall have at least 5 years
18		experience as a licensee in the professional area in which the
19		person is licensed and be in good standing and actively
20		engaged in that profession. In making appointments, the
21		Secretary shall consider the recommendations of the
22		professionals and the professional organizations representing
23		the licensees. The membership shall reasonably reflect the
24		different geographic areas in Illinois.
25		(b) Members shall serve 4 year terms and may serve until
26		their successors are appointed. No member shall serve for more

HB2395 Engrossed - 107 - LRB103 28370 AMQ 54750 b
1		than 2 successive terms. Appointments to fill vacancies shall
2		be made in the same manner as the original appointments for the
3		unexpired portion of the vacated term.
4		(c) A member of the Board may be removed for cause. A
5		member subject to formal disciplinary proceedings shall
6		disqualify oneself himself or herself from all Board business
7		until the charge is resolved. A member also shall disqualify
8		oneself himself or herself from any matter on which the member
9		cannot act objectively.
10		(d) Members shall receive compensation as set by law. Each
11		member shall receive reimbursement as set by the Governor's
12		Travel Control Board for expenses incurred in carrying out the
13		duties as a Board member.
14		(e) A majority of Board members constitutes a quorum. A
15		majority vote of the quorum is required for a decision.
16		(f) The Board shall elect a chairperson and vice
17		chairperson annually.
18		(g) Board members are not liable for their acts,
19		omissions, decisions, or other conduct in connection with
20		their duties on the Board, except those determined to be
21		willful, wanton, or intentional misconduct.
22		(h) The Board may recommend policies, procedures, and
23		rules relevant to the administration and enforcement of this
24		Act.
25		(Source: P.A. 98-253, eff. 8-9-13.)

HB2395 Engrossed - 108 - LRB103 28370 AMQ 54750 b
1		(225 ILCS 447/50-15)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 50-15. Powers and duties of the Department. Subject
4		to the provisions of this Act, the Department may exercise the
5		following powers and duties:
6		(1) Prescribe forms to be issued for the
7		administration and enforcement of this Act.
8		(2) Authorize examinations to ascertain the
9		qualifications and fitness of applicants for licensing as
10		a locksmith, private alarm contractor, private detective,
11		or private security contractor and pass upon the
12		qualifications of applicants for licensure.
13		(3) Examine the records of licensees or investigate
14		any other aspect of fingerprint vending, locksmithing,
15		private alarm contracting, private security contracting,
16		or practicing as a private detective that is relevant to
17		the Department's investigation or hearing.
18		(4) Conduct hearings on proceedings to refuse to issue
19		or renew licenses or to revoke, suspend, place on
20		probation, reprimand, or otherwise discipline a license
21		under this Act or take other non-disciplinary action.
22		(5) Adopt rules required for the administration of
23		this Act.
24		(6) (Blank). Maintain rosters of the names and
25		addresses of all licensees and all persons whose licenses
26		have been suspended, revoked, denied renewal, or otherwise

HB2395 Engrossed - 109 - LRB103 28370 AMQ 54750 b
1		disciplined within the previous calendar year. These
2		rosters shall be available upon written request and
3		payment of the required fee as established by rule.
4		(Source: P.A. 98-253, eff. 8-9-13.)
5		(225 ILCS 447/50-20)
6		(Section scheduled to be repealed on January 1, 2024)
7		Sec. 50-20. Rules. The Department may promulgate rules for
8		the administration and enforcement of this Act. The rules
9		shall include standards for registration, licensure,
10		professional conduct, and discipline. The Department shall
11		consult with the Board prior to promulgating any rule.
12		Proposed rules shall be transmitted, prior to publication in
13		the Illinois Register, to the Board and the Department shall
14		review the Board's recommendations and shall notify the Board
15		with an explanation of any deviations from the Board's
16		recommendations.
17		(Source: P.A. 93-438, eff. 8-5-03.)
18		(225 ILCS 447/50-45)
19		(Section scheduled to be repealed on January 1, 2024)
20		Sec. 50-45. Illinois Administrative Procedure Act;
21		application. The Illinois Administrative Procedure Act is
22		expressly adopted and incorporated in this Act as if all of the
23		provisions of that Act were included in this Act, except that
24		the provision of paragraph (d) of Section 10-65 of the

HB2395 Engrossed - 110 - LRB103 28370 AMQ 54750 b
1		Illinois Administrative Procedure Act, which provides that at
2		hearings the registrant or licensee has the right to show
3		compliance with all lawful requirements for retention or
4		continuation or renewal of the license, is specifically
5		excluded. For the purpose of this Act, the notice required
6		under Section 10-25 of the Illinois Administrative Procedure
7		Act is considered sufficient when mailed to the address of
8		record or sent electronically to the email address of record
9		last known address of a party.
10		(Source: P.A. 96-1445, eff. 8-20-10.)
11		(225 ILCS 447/50-35 rep.)
12		Section 15. The Private Detective, Private Alarm, Private
13		Security, Fingerprint Vendor, and Locksmith Act of 2004 is
14		amended by repealing Section 50-35.
15		Section 99. Effective date. This Section and Section 5
16		take effect upon becoming law.
HB2395 Engrossed - 111 - LRB103 28370 AMQ 54750 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.34 4 5 ILCS 80/4.39 5 225 ILCS 447/5-10 6 225 ILCS 447/10-5 7 225 ILCS 447/10-20 8 225 ILCS 447/10-37 9 225 ILCS 447/10-45 10 225 ILCS 447/15-5 11 225 ILCS 447/15-10 12 225 ILCS 447/15-15 13 225 ILCS 447/15-25 14 225 ILCS 447/20-10 15 225 ILCS 447/20-15 16 225 ILCS 447/20-20 17 225 ILCS 447/25-5 18 225 ILCS 447/25-10 19 225 ILCS 447/25-15 20 225 ILCS 447/25-20 21 225 ILCS 447/25-30 22 225 ILCS 447/30-5 23 225 ILCS 447/30-10 24 225 ILCS 447/30-15 25 225 ILCS 447/30-20 HB2395 Engrossed - 112 - LRB103 28370 AMQ 54750 b 1 225 ILCS 447/30-30 2 225 ILCS 447/31-5 3 225 ILCS 447/31-10 4 225 ILCS 447/31-15 5 225 ILCS 447/31-20 6 225 ILCS 447/35-5 7 225 ILCS 447/35-10 8 225 ILCS 447/35-15 9 225 ILCS 447/35-25 10 225 ILCS 447/35-30 11 225 ILCS 447/35-35 12 225 ILCS 447/35-43 13 225 ILCS 447/35-45 14 225 ILCS 447/40-5 15 225 ILCS 447/40-10 16 225 ILCS 447/40-20 17 225 ILCS 447/40-25 18 225 ILCS 447/40-30 19 225 ILCS 447/45-10 20 225 ILCS 447/45-15 21 225 ILCS 447/45-40 22 225 ILCS 447/45-55 23 225 ILCS 447/50-5 24 225 ILCS 447/50-10 25 225 ILCS 447/50-15 26 225 ILCS 447/50-20 HB2395 Engrossed - 113 - LRB103 28370 AMQ 54750 b