Bill Text: IL SB1753 | 2017-2018 | 100th 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 reasonable attorney's fees and costs may be awarded to a licensee, interested party, or person injured if he or she successfully obtains injunctive relief, whether by consent or otherwise. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1753 Detail]

Download: Illinois-2017-SB1753-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1753 Introduced 2/9/2017, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
225 ILCS 447/40-5
Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that reasonable attorney's fees and costs may be awarded to a licensee, interested party, or person injured if he or she successfully obtains injunctive relief, whether by consent or otherwise. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
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 40-5 as follows:
(225 ILCS 447/40-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 40-5. Injunctive relief.
(a) The practice of a private detective, private security
contractor, private alarm contractor, fingerprint vendor,
locksmith, private detective agency, private security
contractor agency, private alarm contractor agency,
fingerprint vendor agency, or locksmith agency by any person,
firm, corporation, or other legal entity that has not been
issued a license by the Department or whose license has been
suspended, revoked, or not renewed is hereby declared to be
inimical to the public safety and welfare and to constitute a
public nuisance. The Secretary may, in the name of the People
of the State of Illinois through the Attorney General of the
State of Illinois or the State's Attorney of any county in
which the violation is alleged to have occurred in the State of
Illinois, petition for an order enjoining the violation or for

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an order enforcing compliance with this Act. Upon the filing of
a verified petition in court, if satisfied by affidavit or
otherwise that the person, firm, corporation, or other legal
entity is or has been conducting activities in violation of
this Act, the court may enter a temporary restraining order or
preliminary injunction, without bond, enjoining the defendant
from further activity. A copy of the verified complaint shall
be served upon the defendant and the proceedings shall be
conducted as in civil cases. If it is established the defendant
has been or is conducting activities in violation of this Act,
the court may enter a judgment enjoining the defendant from
that activity. In case of violation of any injunctive order or
judgment entered under this Section, the court may punish the
offender for contempt of court. Injunctive proceedings shall be
in addition to all other penalties under this Act.
(b) If any person practices as a private detective, private
security contractor, private alarm contractor, fingerprint
vendor, locksmith, private detective agency, private security
contractor agency, private alarm contractor agency,
fingerprint vendor agency, or locksmith agency or holds himself
or herself out as such without having a valid license under
this Act, then any licensee, any interested party, or any
person injured thereby may, in addition to the Secretary,
petition for relief as provided in subsection (a) of this
Section. Reasonable attorney's fees and costs may be awarded to
the licensee, interested party, or person injured if he or she

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successfully obtains injunctive relief, whether by consent or
otherwise.
(Source: P.A. 98-253, eff. 8-9-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.