(225 ILCS 447/Art. 15 heading)
ARTICLE 15.
PRIVATE DETECTIVES.
(Article scheduled to be repealed on January 1, 2024)
|
(225 ILCS 447/15-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15-5. Exemptions; private detective. The provisions
of this Act relating to the licensure of private detectives do
not apply to any of the following:
(1) An employee of the United States, Illinois, or a
| | political subdivision of either while the employee is engaged in the performance of his or her official duties within the scope of his or her employment. However, any such person who offers his or her services as a private detective or uses a similar title when these services are performed for compensation or other consideration, whether received directly or indirectly, is subject to this Act.
|
|
(2) A person, firm, or other entity engaged
| | exclusively in tracing and compiling lineage or ancestry who does not hold himself or herself out to be a private detective.
|
|
(3) A person engaged exclusively in obtaining and
| | furnishing information, including providing reports, as to the financial rating or creditworthiness of persons in connection with (i) consumer credit transactions, (ii) information for employment purposes, or (iii) information for the underwriting of consumer insurance.
|
|
(4) Insurance adjusters employed or under contract as
| | adjusters who engage in no other investigative activities other than those directly connected with adjustment of claims against an insurance company or a self-insured entity by which they are employed or with which they have a contract. No insurance adjuster or company may use the term "investigation" or any derivative thereof, in its name or in its advertising.
|
|
(5) A person, firm, or other entity engaged in
| | providing computer forensics services so long as the person, firm, or other entity does not hold himself or herself out to be a private detective. For the purposes of this item (5), "computer forensics services" means a branch of forensic science pertaining to the recovery and analysis of electronically stored information.
|
| (6) A person employed as an investigator exclusively
| | by only one employer in connection with the exclusive activities of that employer and who does not hold himself or herself out to be a private detective.
|
| (7) A person appointed by the circuit court pursuant
| | to the Code of Civil Procedure to make service of process in a specific case, provided that such person is not otherwise engaged in the business of serving process.
|
| (8) A person appointed by the circuit court pursuant
| | to the Code of Civil Procedure who is an honorably discharged veteran of the armed forces of the United States and is self-employed as a process server.
|
| (Source: P.A. 98-253, eff. 8-9-13.)
|
(225 ILCS 447/15-10)
(Section scheduled to be repealed January 1, 2024)
Sec. 15-10. Qualifications for licensure as a private
detective.
(a) A person is qualified for licensure as a private
detective 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 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.
|
|
(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 full-time for a licensed private detective agency as a registered private detective agency employee or with 3 years experience of the 5 years immediately preceding his or her application employed as a full-time investigator for a licensed attorney, for an in-house investigative unit for a corporation having 100 or more employees, for 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 or a public defender's office. The Board and the Department shall approve such full-time investigator experience and may accept, in lieu of the experience requirement in this item (6), alternative experience working full-time for a private detective agency licensed in another state or for a private detective 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 detective agency. An applicant who has a baccalaureate degree, or higher, in law enforcement 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 an associate degree in law enforcement 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. An applicant who has completed a non-degree military training program in law enforcement 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.
|
|
(7) Has not been dishonorably discharged from the
| | armed forces of the United States or has not been discharged from a law enforcement agency of the United States or of any state or of any political subdivision thereof, which shall include a state's attorney's office, for reasons relating to his or her conduct as an employee of that law enforcement agency.
|
|
(8) Has passed an examination authorized by the
| |
(9) Submits his or her fingerprints, proof of having
| | general liability insurance required under subsection (b), and the required license fee.
|
|
(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 detective license if (i) he or she meets the requirements of items (1) through (5) and items (7) through (10) of subsection (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. 98-253, eff. 8-9-13.)
|
(225 ILCS 447/15-15)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15-15. Qualifications for licensure as a private
detective agency.
(a) Upon receipt of the required fee and proof that the
applicant has a full-time Illinois licensed private detective licensee-in-charge, which
is a continuing requirement for agency
licensure, the Department shall issue a
license as a private detective agency to any of the following:
(1) An individual who submits an application and is a
| | licensed private detective under this Act.
|
|
(2) A firm that submits an application and all of the
| | members of the firm are licensed private detectives under this Act.
|
|
(3) A corporation or limited liability company doing
| | business in Illinois that is authorized to engage in the business of conducting a private detective agency, provided at least one full-time executive employee is licensed as a private detective under this Act and all unlicensed officers and directors of the corporation or limited liability company are determined by the Department to be persons of good moral character.
|
|
(b) No private detective may be the licensee-in-charge
for more than one private detective agency. Upon written
request by a representative of an agency, within 10 days after
the loss of a licensee-in-charge of an agency because of the
death of that individual or because of the termination of the
employment of that individual, the Department shall issue a
temporary certificate of authority allowing the continuing
operation of the licensed agency. No temporary certificate of
authority shall be valid for more than 90 days. An extension
of an additional 90 days may be granted upon written request
by the representative of the agency. Not more than 2
extensions may be granted to any agency. No temporary permit
shall be issued for a loss of the licensee-in-charge because
of disciplinary action by the Department related to
his or her conduct on behalf of the agency.
(c) Upon issuance of the temporary certificate of authority as provided for in subsection (b) of this Section, and at any time thereafter while the temporary certificate of authority is in effect, the Department may request in writing additional information from the agency regarding the loss of its licensee-in-charge, the selection of a new licensee-in-charge, and the management of the agency. Failure of the
agency to respond or respond to the satisfaction of the
Department shall cause the Department to deny any extension
of the temporary certificate of authority. While the
temporary certificate of authority is in effect, the
Department may disapprove the selection of a new licensee-in-charge
by the agency if the person's license is not operative
or the Department has good cause to believe that the person
selected will not fully exercise the responsibilities of a
licensee-in-charge. If the Department has disapproved the
selection of a new licensee-in-charge and the temporary
certificate of authority expires or is about to expire
without the agency selecting another new licensee-in-charge,
the Department shall grant an extension of the temporary
certificate of authority for an additional 90 days, except as
otherwise prohibited in subsection (b) or this subsection (c).
(Source: P.A. 98-253, eff. 8-9-13.)
|
(225 ILCS 447/15-25)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15-25. Training; private detective and employees.
(a) Registered employees of a private detective agency
shall complete, within 30 days of their employment, a minimum
of 20 hours of training provided by a qualified instructor.
The substance of the training shall be related to the work
performed by the registered employee and shall include relevant information as to the identification of terrorists, acts of terrorism, and terrorist organizations, as defined by federal and State statutes.
(b) It is the responsibility of the employer to certify,
on a form provided by the Department, that the employee has
successfully completed the 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 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.
(c) 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. 95-613, eff. 9-11-07.)
|
|
