Bill Text: IL SB1787 | 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 shall issue a firearm control card to an elected or appointed State's Attorney or the State's Attorney's designated assistant who has passed an approved firearm training course, has met all the requirements of the Act, and possesses a valid firearm owner identification card. Inserts a corresponding provision into the Counties Code.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1787 Detail]

Download: Illinois-2015-SB1787-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1787 Introduced 2/20/2015, by Sen. Darin M. LaHood SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
225 ILCS 447/35-35
Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that the Department of Financial and Professional Regulation shall issue a firearm control card to an elected or appointed State's Attorney or the State's Attorney's designated assistant who has passed an approved firearm training course, has met all the requirements of the Act, and possesses a valid firearm owner identification card. Inserts a corresponding provision into the Counties Code.
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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 Counties Code is amended by changing Section
3-9005 as follows:
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's attorney.
(a) The duty of each State's attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the
circuit court for his county, in which the people of the
State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the
recovery of debts, revenues, moneys, fines, penalties and
forfeitures accruing to the State or his county, or to any
school district or road district in his county; also, to
prosecute all suits in his county against railroad or
transportation companies, which may be prosecuted in the
name of the People of the State of Illinois.
(3) To commence and prosecute all actions and
proceedings brought by any county officer in his official
capacity.

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(4) To defend all actions and proceedings brought
against his county, or against any county or State officer,
in his official capacity, within his county.
(5) To attend the examination of all persons brought
before any judge on habeas corpus, when the prosecution is
in his county.
(6) To attend before judges and prosecute charges of
felony or misdemeanor, for which the offender is required
to be recognized to appear before the circuit court, when
in his power so to do.
(7) To give his opinion, without fee or reward, to any
county officer in his county, upon any question or law
relating to any criminal or other matter, in which the
people or the county may be concerned.
(8) To assist the attorney general whenever it may be
necessary, and in cases of appeal from his county to the
Supreme Court, to which it is the duty of the attorney
general to attend, he shall furnish the attorney general at
least 10 days before such is due to be filed, a manuscript
of a proposed statement, brief and argument to be printed
and filed on behalf of the people, prepared in accordance
with the rules of the Supreme Court. However, if such
brief, argument or other document is due to be filed by law
or order of court within this 10 day period, then the
State's attorney shall furnish such as soon as may be
reasonable.

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(9) To pay all moneys received by him in trust, without
delay, to the officer who by law is entitled to the custody
thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases arising
from an indictment or an information.
(11) To perform such other and further duties as may,
from time to time, be enjoined on him by law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell
real estate, and see that all the necessary preliminary
steps have been legally taken to make the judgment legal
and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional
superintendent of schools, and the superintendent of the
employing school district or the chief school
administrator of the employing nonpublic school, if any,
upon the conviction of any individual known to possess a
certificate or license issued pursuant to Article 21 or
21B, respectively, of the School Code of any offense set
forth in Section 21B-80 of the School Code or any other
felony conviction, providing the name of the certificate
holder, the fact of the conviction, and the name and
location of the court where the conviction occurred. The
certificate holder must also be contemporaneously sent a

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copy of the notice.
(b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to serve
subpoenas, make return of process and conduct investigations
which assist the State's Attorney in the performance of his
duties. A special investigator shall not carry firearms except
with permission of the State's Attorney and only while carrying
appropriate identification indicating his employment and in
the performance of his assigned duties.
Subject to the qualifications set forth in this subsection,
special investigators shall be peace officers and shall have
all the powers possessed by investigators under the State's
Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless he or she successfully completes the basic police
training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives the
training requirement by reason of the special investigator's
prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the extent
consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
Before a person is appointed as a special investigator, his

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fingerprints shall be taken and transmitted to the Department
of State Police. The Department shall examine its records and
submit to the State's Attorney of the county in which the
investigator seeks appointment any conviction information
concerning the person on file with the Department. No person
shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral
turpitude. A special investigator shall be paid a salary and be
reimbursed for actual expenses incurred in performing his
assigned duties. The county board shall approve the salary and
actual expenses and appropriate the salary and expenses in the
manner prescribed by law or ordinance.
(b-5) The State's Attorney of each county and the State's
Attorney's designated assistant may be issued a firearm control
card by the Department of Professional and Financial Regulation
as provided under Section 35-35 of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004.
(c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative

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father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial parent
by the employer of the putative father or noncustodial parent
or by a labor union of which the putative father or
noncustodial parent is a member.
(d) For each State fiscal year, the State's Attorney of
Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of providing
assistance in the prosecution of capital cases in Cook County
and for the purpose of providing assistance to the State in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases. The State's Attorney
may appear before the General Assembly at other times during
the State's fiscal year to request supplemental appropriations
from the Trust Fund to the State Treasurer.
(e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
of the Criminal Code of 2012 against persons who have issued to
the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1
of the Criminal Code of 2012, with the Department to retain the

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amount owing upon the dishonored check or order along with the
dishonored check fee imposed under the Uniform Penalty and
Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal
Code of 2012 or under Section 17-1a of that Code to be retained
by the State's Attorney. The agreement shall not affect the
allocation of fines and costs imposed in any criminal
prosecution.
(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11;
97-607, eff. 8-26-11; 97-1150, eff. 1-25-13.)
Section 10. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 35-35 as follows:
(225 ILCS 447/35-35)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-35. Requirement of a firearm control card.
(a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm control card by
the Department.
(b) No employer shall employ any person to perform the
duties for which licensure or employee registration is required
and allow that person to carry a firearm unless that person has

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complied with all the firearm training requirements of this
Section and has been issued a firearm control card. This Act
permits only the following to carry firearms while actually
engaged in the performance of their duties or while commuting
directly to or from their places of employment: persons
licensed as private detectives and their registered employees;
persons licensed as private security contractors and their
registered employees; persons licensed as private alarm
contractors and their registered employees; and employees of a
registered armed proprietary security force.
(c) Possession of a valid firearm control card allows a
licensee or employee to carry a firearm not otherwise
prohibited by law while the licensee or employee is engaged in
the performance of his or her duties or while the licensee or
employee is commuting directly to or from the licensee's or
employee's place or places of employment.
(d) The Department shall issue a firearm control card to a
person who has passed an approved firearm training course, who
is currently licensed or employed by an agency licensed by this
Act and has met all the requirements of this Act, and who
possesses a valid firearm owner identification card.
Application for the firearm control card shall be made by the
employer to the Department on forms provided by the Department.
The Department shall forward the card to the employer who shall
be responsible for its issuance to the licensee or employee.
The firearm control card shall be issued by the Department and

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shall identify the person holding it and the name of the course
where the licensee or employee received firearm instruction and
shall specify the type of weapon or weapons the person is
authorized by the Department to carry and for which the person
has been trained.
(d-5) The Department shall issue a firearm control card to
a person who has passed an approved firearm training course, is
an elected or appointed State's Attorney or the State's
Attorney's designated assistant, has met all the requirements
of this Act, and possesses a valid firearm owner identification
card. Application for the firearm control card shall be made by
the State's Attorney to the Department on forms provided by the
Department. The Department shall forward the card to the
State's Attorney, who shall be responsible for its issuance to
the licensee. The firearm control card shall be issued by the
Department and shall identify the person holding it and the
name of the course where the licensee received firearm
instruction and shall specify the type of weapon or weapons the
person is authorized by the Department to carry and for which
the person has been trained.
(e) Expiration and requirements for renewal of firearm
control cards shall be determined by rule.
(f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm control card if the applicant or
holder has been convicted of any felony or crime involving the

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illegal use, carrying, or possession of a deadly weapon or for
a violation of this Act or rules promulgated under this Act.
The Department shall refuse to issue or shall revoke a firearm
control card if the applicant or holder fails to possess a
valid firearm owners identification card without hearing. The
Secretary shall summarily suspend a firearm control card if the
Secretary finds that its continued use would constitute an
imminent danger to the public. A hearing shall be held before
the Board within 30 days if the Secretary summarily suspends a
firearm control card.
(g) Notwithstanding any other provision of this Act to the
contrary, all requirements relating to firearms control cards
do not apply to a peace officer.
(h) The Department may issue a temporary firearm control
card pending issuance of a new firearm control card upon an
agency's acquiring of an established armed account. An agency
that has acquired armed employees as a result of acquiring an
established armed account may, on forms supplied by the
Department, request the issuance of a temporary firearm control
card for each acquired employee who held a valid firearm
control card under his or her employment with the newly
acquired established armed account immediately preceding the
acquiring of the account and who continues to meet all of the
qualifications for issuance of a firearm control card set forth
in this Act and any rules adopted under this Act. The
Department shall, by rule, set the fee for issuance of a

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temporary firearm control card.
(i) The Department shall not issue a firearm control card
to a licensed fingerprint vendor or a licensed locksmith or
employees of a licensed fingerprint vendor agency or a licensed
locksmith agency.
(Source: P.A. 98-253, eff. 8-9-13.)