Bill Text: IL HB4056 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that the Department of Financial and Professional Regulation may deny issuance, refuse to renew, or restore or may reprimand, place on probation, suspend, revoke, or take other disciplinary or non-disciplinary action against any license, registration, permanent employee registration card, canine handler authorization card, canine trainer authorization card, or firearm control card, may impose a fine not to exceed $10,000 for each violation, and may assess costs for conviction of any felony (currently, a felony in federal court). Amends the Criminal Code of 2012 concerning the exemption from certain provisions of the unlawful use of weapons and aggravated unlawful use of a weapon statutes. Eliminates the one hour commuting limitation for legally carrying their firearms for persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Also eliminates the provision concerning a security guard that the guard must be a member of a security force of at least 5 persons. Provides that these licensed persons, employees, and guards must carry their firearm control card at all times when they are in possession of a concealable weapon permitted by their firearm control card. Eliminates exemption for any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his or her duties.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB4056 Detail]

Download: Illinois-2015-HB4056-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4056 Introduced , by Rep. Raymond Poe SYNOPSIS AS INTRODUCED:
225 ILCS 447/40-10
720 ILCS 5/24-2
Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that the Department of Financial and Professional Regulation may deny issuance, refuse to renew, or restore or may reprimand, place on probation, suspend, revoke, or take other disciplinary or non-disciplinary action against any license, registration, permanent employee registration card, canine handler authorization card, canine trainer authorization card, or firearm control card, may impose a fine not to exceed $10,000 for each violation, and may assess costs for conviction of any felony (currently, a felony in federal court). Amends the Criminal Code of 2012 concerning the exemption from certain provisions of the unlawful use of weapons and aggravated unlawful use of a weapon statutes. Eliminates the one hour commuting limitation for legally carrying their firearms for persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Also eliminates the provision concerning a security guard that the guard must be a member of a security force of at least 5 persons. Provides that these licensed persons, employees, and guards must carry their firearm control card at all times when they are in possession of a concealable weapon permitted by their firearm control card. Eliminates exemption for any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his or her duties.
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A BILL FOR
HB4056 LRB099 09515 RLC 29723 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 40-10 as follows:
(225 ILCS 447/40-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 40-10. Disciplinary sanctions.
(a) The Department may deny issuance, refuse to renew, or
restore or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or non-disciplinary action against
any license, registration, permanent employee registration
card, canine handler authorization card, canine trainer
authorization card, or firearm control card, may impose a fine
not to exceed $10,000 for each violation, and may assess costs
as provided for under Section 45-60, for any of the following:
(1) Fraud, deception, or misrepresentation in
obtaining or renewing of a license or registration.
(2) Professional incompetence as manifested by poor
standards of service.
(3) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,

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defraud, or harm the public.
(4) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony in a federal court; or (ii) a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(5) Performing any services in a grossly negligent
manner or permitting any of a licensee's employees to
perform services in a grossly negligent manner, regardless
of whether actual damage to the public is established.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Physical illness, mental illness, or other
impairment, including, but not limited to,
deterioration through the aging process or loss of
motor skills that results in the inability to serve the
public with reasonable judgment, skill, or safety.
(B) (Blank).
(C) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.

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(7) Receiving, directly or indirectly, compensation
for any services not rendered.
(8) Willfully deceiving or defrauding the public on a
material matter.
(9) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(10) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(11) Giving differential treatment to a person that is
to that person's detriment because of race, color, creed,
sex, religion, or national origin.
(12) Engaging in false or misleading advertising.
(13) Aiding, assisting, or willingly permitting
another person to violate this Act or rules promulgated
under it.
(14) Performing and charging for services without
authorization to do so from the person or entity serviced.
(15) Directly or indirectly offering or accepting any
benefit to or from any employee, agent, or fiduciary
without the consent of the latter's employer or principal
with intent to or the understanding that this action will
influence his or her conduct in relation to his or her
employer's or principal's affairs.

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(16) Violation of any disciplinary order imposed on a
licensee by the Department.
(17) Performing any act or practice that is a violation
of this Act or the rules for the administration of this
Act, or having a conviction or administrative finding of
guilty as a result of violating any federal or State laws,
rules, or regulations that apply exclusively to the
practices of private detectives, private alarm
contractors, private security contractors, fingerprint
vendors, or locksmiths.
(18) Conducting an agency without a valid license.
(19) Revealing confidential information, except as
required by law, including but not limited to information
available under Section 2-123 of the Illinois Vehicle Code.
(20) Failing to make available to the Department, upon
request, any books, records, or forms required by this Act.
(21) Failing, within 30 days, to respond to a written
request for information from the Department.
(22) Failing to provide employment information or
experience information required by the Department
regarding an applicant for licensure.
(23) Failing to make available to the Department at the
time of the request any indicia of licensure or
registration issued under this Act.
(24) Purporting to be a licensee-in-charge of an agency
without active participation in the agency.

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(25) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(26) Violating subsection (f) of Section 30-30.
(27) A firearm control card holder having more firearms
in his or her immediate possession than he or she can
reasonably exercise control over.
(28) Failure to report in writing to the Department,
within 60 days of an entry of a settlement or a verdict in
excess of $10,000, any legal action in which the quality of
the licensee's or registrant's professional services was
the subject of the legal action.
(b) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine.
(c) The Department shall adopt rules that set forth
standards of service for the following: (i) acceptable error
rate in the transmission of fingerprint images and other data
to the Department of State Police; (ii) acceptable error rate
in the collection and documentation of information used to
generate fingerprint work orders; and (iii) any other standard
of service that affects fingerprinting services as determined
by the Department.
The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities

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Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(Source: P.A. 98-253, eff. 8-9-13.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance

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of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor an agency licensed
certified by the Department of Financial and Professional
Regulation, if their duties include the carrying of a
weapon under the provisions of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004, while actually engaged in the
performance of the duties of their employment or commuting
between their homes and places of employment, provided that
such commuting is accomplished within one hour from
departure from home or place of employment, as the case may
be. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a private security contractor, private
detective, or private alarm contractor, or employee of a
licensed private security contractor, private detective,

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or private alarm contractor agency and 20 hours of required
firearm training, and has been issued a firearm control
card by the Department of Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those cards issued under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The firearm
control card shall be carried by the private security
contractor, private detective, or private alarm
contractor, or employee of the licensed private security
contractor, private detective, or private alarm contractor
agency at all times when he or she is in possession of a
concealable weapon permitted by his or her firearm control
card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial

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and Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of required
firearm training, and has been issued a firearm control
card by the Department of Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those cards issued under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The firearm
control card shall be carried by the security guard at all
times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or

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traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department of Financial and Professional Regulation;
provided that any person so employed has successfully
completed a course of study, approved by and supervised by
the Department of Financial and Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts, and
the handling of weapons. A person shall be considered to be
eligible for this exemption if he or she has completed the
required 20 hours of training for a security officer and 20
hours of required firearm training, and has been issued a
firearm control card by the Department of Financial and
Professional Regulation. Conditions for renewal of firearm
control cards issued under the provisions of this Section
shall be the same as for those issued under the provisions
of the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The Such
firearm control card shall be carried by the security guard
person so trained at all times when he or she such person
is in possession of a concealable weapon permitted by his
or her firearm control card. For purposes of this
subsection, "financial institution" means a bank, savings
and loan association, credit union or company providing
armored car services.

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(9) (Blank). Any person employed by an armored car
company to drive an armored car, while actually engaged in
the performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed, if they have
received weapons training according to requirements of the
Peace Officer and Probation Officer Firearm Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission

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who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun

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gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.

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This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.

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(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
the person is an active member of a bona fide, nationally
recognized military re-enacting group and the modification
is required and necessary to accurately portray the weapon
for historical re-enactment purposes; the re-enactor is in
possession of a valid and current re-enacting group
membership credential; and the overall length of the weapon
as modified is not less than 26 inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in

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the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any

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kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in

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connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
98-463, eff. 8-16-13; 98-725, eff. 1-1-15.)