Illinois: Unarmed Security Officers

Legislation and Details for Illinois

Legislation/Source:

Illinois Compiled Statutes
Chapter 225 – PROFESSIONS, OCCUPATIONS,
AND BUSINESS OPERATIONS
225 ILCS 447/ – Private Detective,
Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER B: PROFESSIONS AND OCCUPATIONS
PART 1240 PRIVATE DETECTIVE, PRIVATE ALARM, PRIVATE SECURITY, FINGERPRINT VENDOR, AND LOCKSMITH ACT OF 2004

Authorizing Department

Illinois Department of Financial and Professional Regulation
Attn: Division of Professional Regulation

320 West Washington, 3rd Floor
Springfield, IL 62786
Phone: (888) 473-4858
Email: FPR.LMU@Illinois.gov

Official Website

Licensure and License Fees

Illinois does not directly license security officers but rather the security contractor and armed proprietary security firms that deliver security services.
These same entities must register, conduct due diligence and background reviews on all actual or prospective employees.
See: Illinois Administrative Code Title 68 Part 1240

All employees of a licensed agency shall apply for a permanent employee registration card.
See 225 ILCS 447/35-30

Employment with a private security contractor agency is required to perform the duties of a security officer.
See: 225 ILCS 447/35-32(a)

Security contractors and proprietary security companies need keep track of their employees although the following requirements have been formally promulgated:

Section 1240.535 Recordkeeping Requirements
Each employer licensed under the Act shall maintain a file on each employee pursuant to Section 35-30 of the Act. The employee file shall be maintained by the agency for 5 years after termination of the employee, shall be accessible to duly authorized representatives of the Division with 24 hours prior notice (72 hours notice for files more than 2 years old), and shall contain the following information:
•   A photograph of the employee taken within 10 days after the date the employee commences employment. The photo shall be replaced every 3 calendar years;
•   The employee’s statement required in Section 35-30(b) of the Act;
•   All correspondence or documents related to the character and integrity of the employee received by the employer from an official source or law enforcement;
•   The employee identification card of a terminated employee pursuant to Section 35-30(h);
•   A copy of the weapons discharge report, if applicable, during the course of the employee’s duties or activities;
•   Application for employment;
•   Certification of Completion of Basic Training and/or refresher training courses as provided in Section 1240.505 of this Part;
•   Certificate of Firearm Training, if applicable (or notarized copy as provided in Section 1240.510 of this Part) verified by the licensee in charge;
•   Copy of employee’s permanent employee registration card and firearm control card and active Firearm Owner’s Identification Card (FOID), if applicable;
•   Certification or certified copy of requalification (Section 1240.510);
•   Copy of employee’s certification of completion of canine handler training, canine handler authorization card and canine trainer authorization card, if applicable;
•   Copy of the verification of fingerprint processing from ISP or from one of the ISP live scan vendors whose equipment has been certified by ISP or a fingerprint vendor agency licensed by the Division;
•   A copy of the Division’s webpage (www.idfpr.com) showing that an applicant has no criminal conviction pursuant to the ISP criminal history check for individuals employed prior to issuance of the permanent employee registration card;

In Illinois, a Permanent Employee Registration Card (PERC) is needed to work as a security guard.

Illinois presently has both paper and an electronic filing system for applications. However the Illinois web location governing professional regulation appears to exclusively call for filing within the electronic portal.
See: Online Application Portal

Illinois does allow for security officer employees to work in temporary status as long as the employer meets all the following conditions:
(1) The agency completes in its entirety and submits to the Department an application for a permanent employee registration card, including the required fingerprint receipt and fees.
(2) The agency has verification from the Department that the applicant has no record of any criminal conviction pursuant to the criminal history check conducted by the Department of State Police….
(3) The agency exercises due diligence to ensure that the person is qualified under the requirements of the Act to be issued a permanent employee registration card.
See: 225 ILCS 447/35-30

Fees
$55   PERC application fee
Fingerprint fees vary.

According to the PERC application:
The PERC shall expire on May 31, 2018 and every 3 years thereafter. You will receive your PERC renewal by e-mail approximately 90 days prior to the expiration date of your PERC.

See: PERC New Application Checklist (PDF)

Temporary Licensure
Illinois does allow for security officer employees to work in temporary status as long as the employer does the following:

225 ILCS 447/35-30
(k) Notwithstanding the provisions of subsection (j), an agency may employ a person in a temporary capacity if all of the following conditions are met:
(1) The agency completes in its entirety and submits to the Department an application for a permanent employee registration card, including the required fingerprint receipt and fees.
(2) The agency has verification from the Department that the applicant has no record of any criminal conviction pursuant to the criminal history check conducted by the Department of State Police….
(3) The agency exercises due diligence to ensure that the person is qualified under the requirements of the Act to be issued a permanent employee registration card.

Foreign Jurisdiction Licensure

Illinois has no reciprocity with any other state.

Age Requirements

An applicant must be a minimum of 18 years old to work in an unarmed capacity.
See: PERC New Application Checklist (PDF)

Citizenship

The application requirements do not designate required citizenship. However, the applicant needs a formal relationship with social security.

Experience

None required.

Exemptions

According to the PERC application:
•   A peace officer as defined in the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act is exempt from the requirements relating to the possession of a firearm control card. The employing agency shall remain responsible for any peace officer employed under this exemption.
•   A person employed as an armed security guard at a nuclear energy, storage, weapons, or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission is exempt from registration for a fi rearm control card.

See: PERC New Application Checklist (PDF)

Permit Required

None required.

Requirement to carry an ID card

The holder of a permanent employee registration card shall carry the card at all times while actually engaged in the performance of the duties of his or her employment. Expiration and requirements for renewal of permanent employee registration cards shall be established by rule of the Department. Possession of a permanent employee registration card does not in any way imply that the holder of the card is employed by an agency unless the permanent employee registration card is accompanied by the employee identification card required by subsection (f) of this Section.

See: 225 ILCS §447/35-30(d)

Moral Character

The application process inferentially deals with character by a review of the following:

•   Dishonorable discharge from military service
•   Disease or conditions that may interfere with professional work
•   Denial of a prior professional license

The legislation does not mention this requirement for employees.

Fingerprint

A PERC card requires a background review and an analysis of the employee’s applicant’s fingerprints. The fingerprints will be checked against the Department of State Police and the Federal Bureau of Investigation criminal history record databases.
See: 225 ILCS §447/35-30(c)

Section 1240.520 Fingerprint Requirements
Any person seeking employee registration under Section 35-30 of the Act shall file an application with the Division, on forms provided by the Division, along with one of the following:
•   Copy of the verification of fingerprint processing from ISP or from one of the ISP live scan vendors whose equipment has been certified by ISP or a fingerprint vendor agency licensed by the Division;
•   Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.

See: PERC New Application Checklist (PDF), page 5 and 6 for details

Substance Abuse

THe applicant must not have any disease or condition that interferes with his or her ability to perform the essential functions of your profession, including any disease or condition generally regarded as chronic by the medical community, i.e., (1) mental or emotional disease or condition; (2) alcohol or other substance abuse; (3) physical disease or condition, that presently interferes with his or her ability to practice your profession.

See: PERC New Application Checklist (PDF)

Mental Health

An applicant must not have been declared by any court of competent jurisdiction to be incompetent by reason of mental disease or defect and has not been restored.
See: 225 ILCS 447/35-30(5)

Criminal History Background Check

Applicants for the PERC card must affirm being free of a criminal history and other suspect conditions.
See: PERC New Application Checklist (PDF), page 9

Applicants are deemed unfit for registration for reasons of conviction of an offense Illinois or another state, including registration as a sex offender, but not including a traffic offense. Persons convicted of felonies involving bodily harm, weapons, violence, or theft within the previous 10 years shall be presumed to be unfit for registration.
See: 225 ILCS 447/35-30(a)(3)

In determining whether an applicant for a permanent employee registration card or firearm control card is unfit for such registration because of criminal history record information, the Division shall consider the following standards:

1)    Whether the crime was one of armed violence or any two or more repeated acts of violence towards persons or property [720 ILCS 5/Art. 33A] or:

A)    Crimes involving dishonesty, false statement or some other element of deceit, untruthfulness or falsification (including, but not limited to perjury, inducement of perjury, false statement, criminal fraud, embezzlement, false pretense, forgery, counterfeiting and theft).

B)    Drug offenses including, but not limited to, the Illinois Controlled Substances Act [720 ILCS 570/Art. I] and Federal Drug Enforcement Laws (21 USC 801 et seq.).

C)    Sex offenses including, but not limited to, all crimes listed in Article 11 of the Criminal Code of 1961 [720 ILCS 5/Art. 11].

2)    Whether the crime is related to the detective, security, alarm or locksmith profession.

3)    Whether more than 10 years have elapsed since the date of completion of imposed sentence.

4)    Whether the conviction was from a city ordinance violation or conviction for which a jail sentence was not imposed.

5)    Whether the applicant has been sufficiently rehabilitated to warrant the public trust. The Division shall consider, but not be bound by, the following in considering whether an applicant has been presumed to be rehabilitated:

A)    Completion of probation;
B)    Completion of parole supervision; or
C)    If no parole was granted, a period of 10 years has elapsed after final discharge or release from any term of imprisonment without any subsequent conviction.

See: Illinois Administrative Code Section 1240.525(b)

Personal References

None required.

Training Requirements

Every person employed as a registered employee of a private detective, private alarm or private security agency certified under the Act or as an armed employee of a proprietary security force shall complete, within 30 days after commencing employment, a course of basic training. The training shall be a minimum of 20 hours of classroom basic training related to the employment and shall be certified to by the employer.
See Illinois Administrative Code Section 1240.505

The 20-hours of classroom instruction cover the following subjects:
(1)   The law of arrest, 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;
(4)   Arrest and control techniques;
(5)   The elements of offenses under the Criminal Code of 2012 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.

(c)Registered employees of a 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 after their employment, shall complete an additional 8 hours of training on subjects to be determined by the employer. This training may be site-specific and may be conducted on the job.
See: 225 ILCS 447/25-20
See Section 1240.505 – 20-Hour Basic Training Course – Private Detective, Private Alarm Contractor, Private Security Contractor and Proprietary Security Force Employee

Exam Requirement

None required.

Child Support

As stated on the PERC application:
An applicant’s personal information entered on the application can be used to check to see if the applicant is more than 30 days late on any child support payment.
See: PERC New Application Checklist (PDF), page 2

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