Public Act 095-0858
 		





SB2428 Enrolled
LRB095 18300 AJO 44384 b






    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 2-203 as follows:
 



    (735 ILCS 5/2-203)  (from Ch. 110, par. 2-203)



    Sec. 2-203. Service on individuals. 

    (a) Except as otherwise expressly provided, service of 
summons upon
an individual defendant shall be made (1) by 
leaving a copy of the summons with
the defendant personally, 
(2) by leaving a copy at the defendant's
usual place of
abode, 
with some person of the family or a person residing there, of 
the
age of 13 years or
upwards, and informing that person of 
the contents of the summons, provided the
officer or other 
person making service shall also send a copy of the
summons in 
a sealed envelope with postage fully prepaid, addressed to
the 
defendant at his or her usual place of abode, or (3) as 
provided in
Section 1-2-9.2 of the Illinois Municipal Code with 
respect to violation of an ordinance governing parking or

standing of vehicles in cities with a population over 500,000.

The certificate of the
officer or affidavit of the person that 
he or she has sent the copy in
pursuance of this Section is 
evidence that he or she has done so. No employee of a facility 
licensed under the Nursing Home Care Act shall obstruct an 
officer or other person making service in compliance with this 
Section. 

    (b) The officer, in his or her certificate or in a record 
filed and
maintained in the Sheriff's office, or other person 
making service, in
his or her affidavit or in a record filed 
and maintained in his or her
employer's
office, shall (1) 
identify as to sex, race, and approximate age the
defendant or 
other person with whom the summons was left and (2) state
the 
place where (whenever possible in terms of an exact street 
address)
and the date and time of the day when the summons was 
left with the
defendant or other person.

    (c) Any person who knowingly sets forth in the certificate 
or
affidavit any false statement, shall be liable in civil 
contempt. When
the court holds a person in civil contempt under 
this Section, it shall
award such damages as it determines to 
be just and, when the
contempt is
prosecuted by a private 
attorney, may award reasonable attorney's fees.

(Source: P.A. 88-340.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.