SB 184 — PRIVATE DETECT-PERC-SANCTIONS

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Silverstein SYNOPSIS AS INTRODUCED:

ILCS 447/10-25 ILCS 447/35-30 ILCS 447/40-10 Amends the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004.

Authorizes the Department of Financial and Professional Regulation to resubmit the fingerprints of an applicant for renewal or restoration of a license, permanent employee registration card, or firearm authorization card to the Department of State Police for the purpose of an updated criminal history check at the time of renewal or restoration.

Prohibits a person who has a mental disability demonstrated by the entry of an order or judgment by a court that the person is in need of mental treatment or is incompetent from being issued a permanent employee registration card (now, prohibits a person who has been declared incompetent by any court of competent jurisdiction by reason of mental disease or defect and has not been restored from being issued a card).

Prohibits a person who is not (i) a U.S.

citizen, (ii) a permanent resident, or (iii) in legal possession of an authorization to work supplied by the Department of Homeland Security from being issued a permanent employee registration card.

Adds the conviction in Illinois or another state of any 2 or more violent offenses towards persons or property to the list of occurrences that merit disciplinary sanctions.

LRB094 05342 RAS 35386 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0184 LRB094 05342 RAS 35386 b AN ACT concerning education.

The Department may resubmit the fingerprints of an applicant for renewal or restoration to the Department of State Police for SB0184 Engrossed - 2 - LRB094 05342 RAS 35386 b the purpose of an updated criminal history checkcheck, which shall be performed subject to the provisions of this Act, at the time of renewal or restoration.

The license holder shall not be held responsible for any incurred cost of the updated criminal history check.

8-5-03.) (225 ILCS 447/35-30) SB0184 Engrossed - 3 - LRB094 05342 RAS 35386 b (Section scheduled to be repealed on January 1, 2014) Sec.

All employees of a licensed agency, other than those exempted, shall apply for a SB0184 - 3 - LRB094 05342 RAS 35386 b permanent employee registration card.

(E) Has abeen mentaldetermined disabilityto demonstratedbe byincompetent theand entryis ofcurrently anunder a court order orof judgmentguardianship byor ahas courtbeen thatdetermined ato personbe issubject into needinvoluntary ofor mentalSB0184 treatmentEngrossed or- is4 incompetent- HasLRB094 been05342 declaredRAS incompetent35386 byb anyjudicial courtadmission ofas competentprovided jurisdictionin bythe reasonMental ofHealth mentaland diseaseDevelopmental orDisabilities defectCode and hasis notcurrently beensubject restoredto bya thecourt court.order under those provisions.

SB0184Has -been 4declared -incompetent LRB094by 05342any RAScourt 35386of bcompetent (F)jurisdiction Hasby beenreason dishonorablyof dischargedmental fromdisease theor armeddefect servicesand ofhas thenot Unitedbeen States.restored.

(G)(F) IsHas notbeen (i)dishonorably adischarged U.S.from the armed services of the United States.

citizen, (ii) a permanent resident, or (iii) in legal possession of an authorization to work supplied by the Department of Homeland Security.

SB0184 Engrossed - 5 - LRB094 05342 RAS 35386 b (D) Any conviction of a felony or misdemeanor.

(E) Any declaration of incompetence by a court of SB0184 - 5 - LRB094 05342 RAS 35386 b competent jurisdiction that has not been restored.

Also, an individual who has retired as a peace officer within 12 months of application may submit verification, on forms provided by the Department and SB0184 Engrossed - 6 - LRB094 05342 RAS 35386 b signed by his or her employer, of his or her previous full-time employment as a peace officer.

SB0184 - 6 - LRB094 05342 RAS 35386 b (d) The Department shall issue a permanent employee registration card, in a form the Department prescribes, to all qualified applicants.

Each employer shall maintain a record for each armed employee of each instance in which the SB0184 Engrossed - 7 - LRB094 05342 RAS 35386 b employee’s weapon was discharged during the course of his or her professional duties or activities.

The record shall SB0184 - 7 - LRB094 05342 RAS 35386 b be maintained on forms provided by the Department, a copy of which must be filed with the Department within 15 days of an instance.

SB0184 Engrossed - 8 - LRB094 05342 RAS 35386 b (j) No agency may employ any person to perform a licensed activity under this Act unless the person possesses a valid SB0184 - 8 - LRB094 05342 RAS 35386 b permanent employee registration card or a valid license under this Act, or is exempt pursuant to subsection (n).

The Department shall have the authority to revoke, without a hearing, the temporary authority of an individual to work upon receipt of Federal Bureau of Investigation fingerprint SB0184 Engrossed - 9 - LRB094 05342 RAS 35386 b data or a report of another official authority indicating a criminal conviction.

If the Department has not received a SB0184 - 9 - LRB094 05342 RAS 35386 b temporary employee’s Federal Bureau of Investigation fingerprint data within 120 days of the date the Department received the Department of State Police fingerprint data, the Department may, at its discretion, revoke the employee’s temporary authority to work with 15 days written notice to the individual and the employing agency.

(n) Peace officers shall be exempt from the requirements of this Section relating to permanent employee registration SB0184 Engrossed - 10 - LRB094 05342 RAS 35386 b cards.

The agency shall remain responsible for any peace officer employed under this exemption, regardless of whether SB0184 - 10 - LRB094 05342 RAS 35386 b the peace officer is compensated as an employee or as an independent contractor and as further defined by rule.

or directly related to professional SB0184 Engrossed - 11 - LRB094 05342 RAS 35386 b practice;

SB0184 - 11 - LRB094 05342 RAS 35386 b (5) Performing any services in a grossly negligent manner or permitting any of a licensee’s employees to perform services in a grossly negligent manner, regardless of whether actual damage to the public is established.

SB0184 Engrossed - 12 - LRB094 05342 RAS 35386 b (12) Engaging in false or misleading advertising.

(13) Aiding, assisting, or willingly permitting SB0184 - 12 - LRB094 05342 RAS 35386 b another person to violate this Act or rules promulgated under it.