Bill Text: IL HB5202 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In provisions concerning the qualifications for licensure as a private security contractor, includes passage of a mental health examination. Provides that a private security contractor shall complete, within 30 days of their employment, a minimum of 40 hours (rather than 20 hours) of classroom basic training provided by a qualified instructor. Provides that a firearm training course shall consist of 80 hours (rather than 40 hours) of training and makes conforming changes. Provides that the Department of Financial and Professional Regulation shall establish guidelines for disciplining private security contractors who are found to have used excessive force during the course of their professional duties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5202 Detail]

Download: Illinois-2019-HB5202-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5202 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
225 ILCS 447/25-10
225 ILCS 447/25-20
225 ILCS 447/35-40
225 ILCS 447/40-55 new
Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. In provisions concerning the qualifications for licensure as a private security contractor, includes passage of a mental health examination. Provides that a private security contractor shall complete, within 30 days of their employment, a minimum of 40 hours (rather than 20 hours) of classroom basic training provided by a qualified instructor. Provides that a firearm training course shall consist of 80 hours (rather than 40 hours) of training and makes conforming changes. Provides that the Department of Financial and Professional Regulation shall establish guidelines for disciplining private security contractors who are found to have used excessive force during the course of their professional duties.
LRB101 16756 SPS 66146 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5202 LRB101 16756 SPS 66146 b
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 Sections 25-10, 25-20, and 35-40 and adding
Section 40-55 as follows:
(225 ILCS 447/25-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25-10. Qualifications for licensure as a private
security contractor.
(a) A person is qualified for licensure as a private
security contractor if he or she meets all of the following
requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the
time of full discharge from a sentence imposed for a felony
conviction.
(3) Is of good moral character. Good character is a
continuing requirement of licensure. Conviction of crimes
other than felonies may be used in determining moral
character, but shall not constitute an absolute bar to

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licensure, except where the applicant is a registered sex
offender.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease, unless a court has subsequently
declared him or her to be competent.
(4.5) Has passed a mental health examination.
(5) Is not suffering from dependence on alcohol or from
narcotic addiction or dependence.
(6) Has a minimum of 3 years experience of the 5 years
immediately preceding application working as a full-time
manager for a licensed private security contractor agency
or a manager of a proprietary security force of 30 or more
persons registered with the Department or with 3 years
experience of the 5 years immediately preceding his or her
application employed as a full-time supervisor for an
in-house security unit for a corporation having 100 or more
employees, for a military police or related security unit
in any of the armed forces of the United States, or in a
law enforcement agency of the federal government, a state,
or a state political subdivision, which shall include a
state's attorney's office, a public defender's office, or
the Department of Corrections. The Board and the Department
shall approve such full-time supervisory experience and
may accept, in lieu of the experience requirement in this
subsection, alternative experience working as a full-time

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manager for a private security contractor agency licensed
in another state or for a private security contractor
agency in a state that does not license such agencies if
the experience is substantially equivalent to that gained
working for an Illinois licensed private security
contractor agency. An applicant who has a baccalaureate
degree or higher in police science or a related field or a
business degree from an accredited college or university
shall be given credit for 2 of the 3 years of the required
experience. An applicant who has completed a non-degree
military training program in police science or a related
field shall be given credit for one of the 3 years of the
required experience if the Board and the Department
determine that such training is substantially equivalent
to that received in an associate degree program. An
applicant who has an associate degree in police science or
in a related field or in business from an accredited
college or university shall be given credit for one of the
3 years of the required experience.
(7) Has not been dishonorably discharged from the armed
forces of the United States.
(8) Has passed an examination authorized by the
Department.
(9) Submits his or her fingerprints, proof of having
general liability insurance required under subsection (b),
and the required license fee.

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(10) Has not violated Section 10-5 of this Act.
(b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to the
Department before being issued a license. Failure to maintain
general liability insurance and to provide the Department with
written proof of the insurance shall result in cancellation of
the license without hearing.
(c) Any person who has been providing canine odor detection
services for hire prior to January 1, 2005 is exempt from the
requirements of item (6) of subsection (a) of this Section and
may be granted a private security contractor license if (i) he
or she meets the requirements of items (1) through (5) and
items (7) through (10) of subsections (a) of this Section, (ii)
pays all applicable fees, and (iii) presents satisfactory
evidence to the Department of the provision of canine odor
detection services for hire since January 1, 2005.
(Source: P.A. 100-181, eff. 8-18-17.)
(225 ILCS 447/25-20)
(Section scheduled to be repealed on January 1, 2024)
Sec. 25-20. Training; private security contractor and
employees.
(a) Registered employees of the private security
contractor agency who provide traditional guarding or other

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private security related functions or who respond to alarm
systems shall complete, within 30 days of their employment, a
minimum of 40 20 hours of classroom basic training provided by
a qualified instructor, which shall include the following
subjects:
(1) The law regarding arrest and search and seizure as
it applies to private security.
(2) Civil and criminal liability for acts related to
private security.
(3) The use of force, including but not limited to the
use of nonlethal force (i.e., disabling spray, baton,
stungun or similar weapon).
(4) Arrest and control techniques.
(5) The offenses under the Criminal Code of 2012 that
are directly related to the protection of persons and
property.
(6) The law on private security forces and on reporting
to law enforcement agencies.
(7) Fire prevention, fire equipment, and fire safety.
(8) The procedures for report writing.
(9) Civil rights and public relations.
(10) The identification of terrorists, acts of
terrorism, and terrorist organizations, as defined by
federal and State statutes.
(b) All other employees of a private security contractor
agency shall complete a minimum of 40 20 hours of training

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provided by the qualified instructor within 30 days of their
employment. The substance of the training shall be related to
the work performed by the registered employee.
(c) Registered employees of the private security
contractor agency who provide guarding or other private
security related functions, in addition to the classroom
training required under subsection (a), within 6 months of
their employment, shall complete an additional 8 hours of
training on subjects to be determined by the employer, which
training may be site-specific and may be conducted on the job.
(d) In addition to the basic training provided for in
subsections (a) and (c), registered employees of the private
security contractor agency who provide guarding or other
private security related functions shall complete an
additional 8 hours of refresher training on subjects to be
determined by the employer each calendar year commencing with
the calendar year following the employee's first employment
anniversary date, which refresher training may be
site-specific and may be conducted on the job.
(e) It is the responsibility of the employer to certify, on
a form provided by the Department, that the employee has
successfully completed the basic and refresher training. The
form shall be a permanent record of training completed by the
employee and shall be placed in the employee's file with the
employer for the period the employee remains with the employer.
An agency may place a notarized copy of the Department form in

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lieu of the original into the permanent employee registration
card file. The original form shall be given to the employee
when his or her employment is terminated. Failure to return the
original form to the employee is grounds for disciplinary
action. The employee shall not be required to repeat the
required training once the employee has been issued the form.
An employer may provide or require additional training.
(f) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13;
98-756, eff. 7-16-14.)
(225 ILCS 447/35-40)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-40. Firearm control; training requirements.
(a) The Department shall, pursuant to rule, approve or
disapprove training programs for the firearm training course,
which shall be taught by a qualified instructor. Qualifications
for instructors shall be set by rule. The firearm training
course shall be conducted by entities, by a licensee, or by an
agency licensed by this Act, provided the course is approved by
the Department. The firearm course shall consist of the
following minimum requirements:
(1) 80 40 hours of training, 40 20 hours of which shall

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be as described in Sections 15-20, 20-20, or 25-20, as
applicable, and 40 20 hours of which shall include all of
the following:
(A) Instruction in the dangers of and misuse of
firearms, their storage, safety rules, and care and
cleaning of firearms.
(B) Practice firing on a range with live
ammunition.
(C) Instruction in the legal use of firearms.
(D) A presentation of the ethical and moral
considerations necessary for any person who possesses
a firearm.
(E) A review of the laws regarding arrest, search,
and seizure.
(F) Liability for acts that may be performed in the
course of employment.
(2) An examination shall be given at the completion of
the course. The examination shall consist of a firearms
qualification course and a written examination. Successful
completion shall be determined by the Department.
(b) The firearm training requirement may be waived for a
licensee or employee who has completed training provided by the
Illinois Law Enforcement Training Standards Board or the
equivalent public body of another state or is a qualified
retired law enforcement officer as defined in the federal Law
Enforcement Officers Safety Act of 2004 and is in compliance

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with all of the requirements of that Act, provided
documentation showing requalification with the weapon on the
firing range is submitted to the Department.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/40-55 new)
Sec. 40-55. Excessive Force. The Department shall adopt
rules and establish guidelines for disciplining private
security contractors under this Act who are found to have used
excessive force during the course of their professional duties.