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91_SB0257enr
SB257 Enrolled LRB9103546DJcd
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 2-202.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-202 as follows:
7 (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
8 Sec. 2-202. Persons authorized to serve process; Place of
9 service; Failure to make return.
10 (a) Process shall be served by a sheriff, or if the
11 sheriff is disqualified, by a coroner of some county of the
12 State. A sheriff of a county with a population of less than
13 1,000,000 may employ civilian personnel to serve process. In
14 counties with a population of less than 1,000,000, process
15 may be served, without special appointment, by a person who
16 is licensed or registered as a private detective under the
17 Private Detective, Private Alarm, and Private Security, and
18 Locksmith Act of 1993 1983 or by a registered employee of a
19 private detective agency certified under that Act. A private
20 detective or licensed employee must supply the sheriff of any
21 county in which he serves process with a copy of his license
22 or certificate; however, the failure of a person to supply
23 the copy shall not in any way impair the validity of process
24 served by the person. The court may, in its discretion upon
25 motion, order service to be made by a private person over 18
26 years of age and not a party to the action. It is not
27 necessary that service be made by a sheriff or coroner of the
28 county in which service is made. If served or sought to be
29 served by a sheriff or coroner, he or she shall endorse his
30 or her return thereon, and if by a private person the return
31 shall be by affidavit.
SB257 Enrolled -2- LRB9103546DJcd
1 (a-5) Upon motion and in its discretion, the court may
2 appoint as a special process server a private detective
3 agency certified under the Private Detective, Private Alarm,
4 Private Security, and Locksmith Act of 1993. Under the
5 appointment, any employee of the private detective agency who
6 is registered under that Act may serve the process. The
7 motion and the order of appointment must contain the number
8 of the certificate issued to the private detective agency by
9 the Department of Professional Regulation under the Private
10 Detective, Private Alarm, Private Security, and Locksmith Act
11 of 1993.
12 (b) Summons may be served upon the defendants wherever
13 they may be found in the State, by any person authorized to
14 serve process. An officer may serve summons in his or her
15 official capacity outside his or her county, but fees for
16 mileage outside the county of the officer cannot be taxed as
17 costs. The person serving the process in a foreign county may
18 make return by mail.
19 (c) If any sheriff, coroner, or other person to whom any
20 process is delivered, neglects or refuses to make return of
21 the same, the plaintiff may petition the court to enter a
22 rule requiring the sheriff, coroner, or other person, to make
23 return of the process on a day to be fixed by the court, or
24 to show cause on that day why that person should not be
25 attached for contempt of the court. The plaintiff shall then
26 cause a written notice of the rule to be served on the
27 sheriff, coroner, or other person. If good and sufficient
28 cause be not shown to excuse the officer or other person, the
29 court shall adjudge him or her guilty of a contempt, and
30 shall impose punishment as in other cases of contempt.
31 (d) If process is served by a sheriff or coroner, the
32 court may tax the fee of the sheriff or coroner as costs in
33 the proceeding. If process is served by a private person or
34 entity, the court may establish a fee therefor and tax such
SB257 Enrolled -3- LRB9103546DJcd
1 fee as costs in the proceedings.
2 (e) In addition to the powers stated in Section 8.1a of
3 the Housing Authorities Act, in counties with a population of
4 3,000,000 or more inhabitants, members of a housing authority
5 police force may serve process for forcible entry and
6 detainer actions commenced by that housing authority and may
7 execute orders of possession for that housing authority.
8 (f) In counties with a population of 3,000,000 or more,
9 process may be served, with special appointment by the court,
10 by a private process server or a law enforcement agency other
11 than the county sheriff in proceedings instituted under the
12 Forcible Entry and Detainer Article of this Code as a result
13 of a lessor or lessor's assignee declaring a lease void
14 pursuant to Section 11 of the Controlled Substance and
15 Cannabis Nuisance Act.
16 (Source: P.A. 89-594, eff. 8-1-96; 90-557, eff. 6-1-98.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.
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