Bill Amendment: IL HB0488 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PRIV DET-DISCIPLINE-ATTY FEES

Status: 2015-09-09 - Total Veto Stands - No Positive Action Taken [HB0488 Detail]

Download: Illinois-2015-HB0488-Senate_Amendment_002.html

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Sen. Michael E. Hastings

Filed: 4/29/2015

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AMENDMENT TO HOUSE BILL 488
AMENDMENT NO. ______. Amend House Bill 488 by replacing
everything after the enacting clause with the following:
"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(Section scheduled to be repealed on January 1, 2024)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

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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
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,

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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
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.".