Full Text of HB2564 103rd General Assembly
HB2564 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2564 Introduced 2/15/2023, by Rep. Dave Vella SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-203 | from Ch. 110, par. 2-203 |
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Amends the Code of Civil Procedure. Provides that when the court holds a person in civil contempt for knowingly setting forth a false statement in a certificate or affidavit, the court shall award a minimum of $5,000 in damages plus any additional damages it determines to be just (rather than award such damages as it determines to be just).
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 2-203 as follows:
| 6 | | (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
| 7 | | Sec. 2-203. Service on individuals.
| 8 | | (a) Except as otherwise expressly provided, service of | 9 | | summons upon
an individual defendant shall be made (1) by | 10 | | leaving a copy of the summons with
the defendant personally, | 11 | | (2) by leaving a copy at the defendant's
usual place of
abode, | 12 | | with some person of the family or a person residing there, of | 13 | | the
age of 13 years or
upwards, and informing that person of | 14 | | the contents of the summons, provided the
officer or other | 15 | | person making service shall also send a copy of the
summons in | 16 | | a sealed envelope with postage fully prepaid, addressed to
the | 17 | | defendant at his or her usual place of abode, or (3) as | 18 | | provided in
Section 1-2-9.2 of the Illinois Municipal Code | 19 | | with respect to violation of an ordinance governing parking or
| 20 | | standing of vehicles in cities with a population over 500,000.
| 21 | | The certificate of the
officer or affidavit of the person that | 22 | | he or she has sent the copy in
pursuance of this Section is | 23 | | evidence that he or she has done so. No employee of a facility |
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| 1 | | licensed under the Nursing Home Care Act, the Specialized | 2 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 3 | | Care Act, or the MC/DD Act shall obstruct an officer or other | 4 | | person making service in compliance with this Section. An | 5 | | employee of a gated residential community shall grant entry | 6 | | into the community, including its common areas and common | 7 | | elements, to a process server authorized under Section 2-202 | 8 | | of this Code who is attempting to serve process on a defendant | 9 | | or witness who resides within or is known to be within the | 10 | | community. As used in this Section, "gated residential | 11 | | community" includes a condominium association, housing | 12 | | cooperative, or private community.
| 13 | | (b) The officer, in his or her certificate or in a record | 14 | | filed and
maintained in the Sheriff's office, or other person | 15 | | making service, in
his or her affidavit or in a record filed | 16 | | and maintained in his or her
employer's
office, shall (1) | 17 | | identify as to sex, race, and approximate age the
defendant or | 18 | | other person with whom the summons was left and (2) state
the | 19 | | place where (whenever possible in terms of an exact street | 20 | | address)
and the date and time of the day when the summons was | 21 | | left with the
defendant or other person.
| 22 | | (c) Any person who knowingly sets forth in the certificate | 23 | | or
affidavit any false statement, shall be liable in civil | 24 | | contempt. When
the court holds a person in civil contempt | 25 | | under this Section, it shall
award a minimum of $5,000 in | 26 | | damages plus any additional such damages as it determines to |
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| 1 | | be just and, when the
contempt is
prosecuted by a private | 2 | | attorney, may award reasonable attorney's fees.
| 3 | | (Source: P.A. 98-104, eff. 7-22-13; 98-966, eff. 1-1-15; | 4 | | 99-180, eff. 7-29-15.)
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