2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 447/ - Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. › Article 5 - General Provisions

(225 ILCS 447/Art. 5 heading)
ARTICLE 5.  
		GENERAL PROVISIONS.
(Article scheduled to be repealed on January 1, 2029)
(225 ILCS 447/5-3)
(Section scheduled to be repealed on January 1, 2029)
Sec. 5-3. References to Department or Director of Professional Regulation. References in this Act (i) to the Department of Professional Regulation are
deemed, in appropriate contexts, to be references to the Department of Financial and Professional Regulation
and (ii) to the Director of Professional Regulation are
deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/5-5)
(Section scheduled to be repealed on January 1, 2029)
Sec. 5-5. Short title; Act supersedes the Private Detective, Private
Alarm, Private Security, and Locksmith Act of 1993.  This Act may be cited as
the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of
2004 and it supersedes the Private Detective, Private Alarm, Private Security,
and Locksmith Act of 1993 repealed by this Act.
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/5-10)
(Section scheduled to be repealed on January 1, 2029)
Sec. 5-10. Definitions. As used in this Act:
"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Advertisement" means any public media, including printed or electronic material, that is published or displayed in a phone book,
newspaper, magazine, pamphlet, newsletter, website, or other similar type of publication or electronic format
that is
intended to either attract business or merely provide contact information to
the public for
an agency or licensee. Advertisement shall not include a licensee's or an
agency's
letterhead, business cards, or other stationery used in routine business
correspondence or
customary name, address, and number type listings in a telephone directory.
"Alarm system" means any system, including an electronic access control
system, a
surveillance video system, a security video system, a burglar alarm system, a
fire alarm
system, or any other electronic system that activates an audible, visible,
remote, or
recorded signal that is designed for the protection or detection of intrusion,
entry, theft,
fire, vandalism, escape, or trespass, or other electronic systems designed for the protection of life by indicating the existence of an emergency situation. "Alarm system" also includes an emergency communication system and a mass notification system.
"Applicant" means a person or business applying for licensure, registration, or authorization under this Act. Any applicant or person who holds oneself out as an applicant is considered a licensee or registrant for the purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.
"Armed employee" means a licensee or registered person who is employed by an
agency licensed or an armed proprietary security force registered under this
Act who carries a weapon while engaged in the
performance
of official duties within the course and scope of the employee's employment during
the hours
and times the employee is scheduled to work or is commuting between the employee's 
home or
place of employment.
"Armed proprietary security force" means a security force made up of one or
more
armed individuals employed by a commercial or industrial operation or
 by a financial institution as security officers
for the
protection of persons or property.
"Board" means the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Board.
"Branch office" means a business location removed from the place of business
for which an agency license has been issued, including, but not limited to,
locations where active employee records that are required to be maintained
under this Act are kept, where prospective new
employees
are processed, or where members of the public are invited in to transact
business. A
branch office does not include an office or other facility located on the
property of an
existing client that is utilized solely for the benefit of that client and is
not owned or
leased by the agency.
"Canine handler" means a person who uses or handles a trained dog
to protect persons or property or
to conduct investigations.
"Canine handler authorization card" means a card issued by the Department that authorizes
the holder to use or handle a trained dog to protect persons or property or to conduct
investigations during the performance of the holder's duties as specified in this Act.
"Canine trainer" means a person who acts as a dog trainer for the purpose of training dogs to protect
persons or property or to conduct investigations.
"Canine trainer authorization card" means a card issued by the Department that authorizes the
holder to train a dog to protect persons or property or to conduct investigations during the
performance of the holder's duties as specified in this Act.
"Canine training facility" means a facility operated by a licensed private detective agency or private
security contractor agency wherein dogs are trained for the purposes of protecting persons or property or to
conduct investigations.
"Corporation" means an artificial person or legal entity created by or under
the
authority of the laws of a state, including without limitation a corporation,
limited liability company, or any other legal entity.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Emergency communication system" means any system that communicates information about emergencies, including but not limited to fire, terrorist activities, shootings, other dangerous situations, accidents, and natural disasters.
"Employee" means a person who works for a person or agency that has the
right to
control the details of the work performed and is not dependent upon whether or
not
federal or state payroll taxes are withheld.
"Fingerprint vendor" means a person that offers, advertises, or provides services to fingerprint individuals, through electronic or other means, for the purpose of providing fingerprint images and associated demographic data to the Illinois State Police for processing fingerprint based criminal history record information inquiries.
"Fingerprint vendor agency" means a person, firm, corporation, or other legal entity that engages in the fingerprint vendor business and employs, in addition to the fingerprint vendor licensee-in-charge, at least one other person in conducting that business.
"Fingerprint vendor licensee-in-charge" means a person who has been designated by a fingerprint vendor agency to be the licensee-in-charge of an agency who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act. The Department shall adopt rules mandating licensee-in-charge participation in agency affairs.
"Fire alarm system" means any system that is activated by an automatic or
manual device in the detection of smoke, heat, or fire that activates an
audible, visible, or
remote signal requiring a response.
"Firearm control card" means a card issued by the Department that
authorizes
the holder, who has complied with the training and other requirements of this Act, to carry a weapon during the performance of the holder's duties as
specified in
this Act.
"Firm" means an unincorporated business entity, including but not limited to
proprietorships and partnerships.
"Licensee" means a person or business licensed under this Act. Anyone who holds oneself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.
"Locksmith" means
a person who engages in a business or holds oneself out to the public as
providing a service that includes, but is not limited to, the servicing,
installing, originating first keys, re-coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic locking device, access
control or video surveillance system at premises, vehicles, safes, vaults, safe
deposit boxes, or automatic teller machines.
"Locksmith agency" means a person, firm, corporation, or other legal entity
that engages
in the
locksmith business and employs, in addition to the locksmith
licensee-in-charge, at least
one other person in conducting such business.
"Locksmith licensee-in-charge" means a person who has been designated by
agency to be the licensee-in-charge of an agency,
who is a
full-time management employee or owner who assumes sole responsibility
for
maintaining all records required by this Act, and who assumes sole
responsibility for
assuring the licensed agency's compliance with its responsibilities as stated
in this Act.  The Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Mass notification system" means any system that is used to provide information and instructions to people in a building or other space using voice communications, including visible signals, text, graphics, tactile, or other communication methods.
"Peace officer" or "police officer" means a person who, by virtue of office
or
public
employment, is vested by law with a duty to maintain public order or to make
arrests for
offenses, whether that duty extends to all offenses or is limited to specific
offenses.
Officers, agents, or employees of the federal government commissioned by
federal
statute
to make arrests for violations of federal laws are considered peace officers.
"Permanent employee registration card" means a card issued by the Department
to an
individual who has applied to the Department and meets the requirements for
employment by a licensed agency under this Act.
"Person" means a natural person.
"Private alarm contractor" means a person who engages in a business that
individually or through others undertakes, offers to undertake, purports to
have the
capacity to undertake, or submits a bid to sell, install, design, monitor, maintain, test, inspect,
alter, repair,
replace, or service alarm and other security-related systems or parts thereof,
including fire
alarm systems, at protected premises or premises to be protected or responds to
alarm
systems at a protected premises on an emergency basis and not as a full-time
security officer.  "Private alarm contractor" does not include a person, firm,
or
corporation that
manufactures or sells alarm systems
only from its place of business and does not sell, install, monitor, maintain,
alter, repair, replace, service, or respond to alarm systems at protected
premises or premises to be protected.
"Private alarm contractor agency" means a person, corporation, or other
entity
that
engages in the private alarm contracting business and employs, in addition to
the private
alarm contractor-in-charge, at least one other person in conducting such
business.
"Private alarm contractor licensee-in-charge" means a person who has been
designated by an
agency to be the licensee-in-charge of an agency, who is a full-time management
employee or owner who
assumes sole
responsibility for maintaining all records required by this Act, and who
assumes
sole
responsibility for assuring the licensed agency's compliance with its
responsibilities as
stated in this Act.
The Department shall adopt rules mandating licensee-in-charge participation in
agency affairs.
"Private detective" means any person who by any means, including, but not
limited to, manual, canine odor detection,
or electronic methods, engages in the business of, accepts
employment
to furnish, or agrees to make or makes investigations for a fee or other
consideration to
obtain information relating to:
(1) Crimes or wrongs done or threatened against the     United States, any state or territory of the United States, or any local government of a state or territory.
(2) The identity, habits, conduct, business     occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person, firm, or other entity by any means, manual or electronic.
(3) The location, disposition, or recovery of lost or     stolen property.
(4) The cause, origin, or responsibility for fires,     accidents, or injuries to individuals or real or personal property.
(5) The truth or falsity of any statement or     representation.
(6) Securing evidence to be used before any court,     board, or investigating body.
(7) The protection of individuals from bodily harm or     death (bodyguard functions).
(8) Service of process in criminal and civil     proceedings.
"Private detective agency" means a person, firm, corporation, or other legal
entity that engages
in the
private detective business and employs, in addition to the licensee-in-charge,
one or more
persons in conducting such business.
"Private detective licensee-in-charge" means a person who has been designated
by an agency
to be the licensee-in-charge of an
agency,
who is a full-time management employee or owner
who assumes sole
responsibility
for
maintaining all records required by this Act, and who assumes sole
responsibility
for assuring
the licensed agency's compliance with its responsibilities as stated in this
Act.  The Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Private security contractor" means a person who engages in the business of
providing a private security officer, watchman, patrol, guard dog, canine odor detection, or a similar service by
any other
title or name on a contractual basis for another person, firm, corporation, or
other entity
for a fee or other consideration and performing one or more of the following
functions:
(1) The prevention or detection of intrusion, entry,     theft, vandalism, abuse, fire, or trespass on private or governmental property.
(2) The prevention, observation, or detection of any     unauthorized activity on private or governmental property.
(3) The protection of persons authorized to be on the     premises of the person, firm, or other entity for which the security contractor contractually provides security services.
(4) The prevention of the misappropriation or     concealment of goods, money, bonds, stocks, notes, documents, or papers.
(5) The control, regulation, or direction of the     movement of the public for the time specifically required for the protection of property owned or controlled by the client.
(6) The protection of individuals from bodily harm or     death (bodyguard functions).
"Private security contractor agency" means a person, firm, corporation, or
other legal entity that
engages in
the private security contractor business and that employs, in addition to the
licensee-in-charge, one or more persons in conducting such business.
"Private security contractor licensee-in-charge" means a person who has been
designated by an agency to be the
licensee-in-charge of an
agency, who is a full-time management employee or owner
who assumes sole responsibility for maintaining all records required by this
Act, and who
assumes sole responsibility for assuring the licensed agency's compliance with
its
responsibilities as
stated in this Act.  The Department shall adopt rules mandating
licensee-in-charge participation in agency affairs.
"Public member" means a person who is not a licensee or related to a
licensee, or who is not an employer or employee of a licensee.  The term
"related to" shall be determined by the rules of the Department.
"Secretary" means the Secretary of the Department of Financial and Professional Regulation.
(Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-309, eff. 1-1-24.)
(225 ILCS 447/5-15)
(Section scheduled to be repealed on January 1, 2029)
Sec. 5-15. Legislative intent. The intent of the General Assembly in
enacting this statute is to regulate persons, corporations, and firms licensed
under this Act for the protection of the public. These practices are declared
to affect the public health, safety, and welfare and are subject to exclusive State
regulation and licensure. This Act shall be construed to carry out these
purposes.
(Source: P.A. 98-253, eff. 8-9-13.)