Sen. Don Harmon
Filed: 4/3/2019
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1 | AMENDMENT TO SENATE BILL 1134
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2 | AMENDMENT NO. ______. Amend Senate Bill 1134 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-206 as follows:
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6 | (735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
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7 | Sec. 2-206.
Service by publication; affidavit; mailing;
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8 | certificate.
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9 | (a) Whenever, in any action affecting property or status | ||||||
10 | within the
jurisdiction of the court, including an action to | ||||||
11 | obtain the specific
performance, reformation, or rescission of | ||||||
12 | a contract for the conveyance
of land, except for actions | ||||||
13 | brought under Part 15 of Article XV of this Code that are | ||||||
14 | subject to subsection (a-5), a plaintiff or his or her
attorney | ||||||
15 | shall file, at the office of the clerk of the court in which
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16 | the action is pending, an affidavit showing that the defendant |
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1 | resides
or has gone out of this State, or on due inquiry cannot | ||||||
2 | be found, or is
concealed within this State, so that process | ||||||
3 | cannot be served upon him or her,
and stating the place of | ||||||
4 | residence of the defendant, if known, or that
upon diligent | ||||||
5 | inquiry his or her place of residence cannot be ascertained, | ||||||
6 | the
clerk shall cause publication to be made in some newspaper | ||||||
7 | published in
the county in which the action is pending. If | ||||||
8 | there is no newspaper
published in that county, then the | ||||||
9 | publication shall be in a newspaper
published in an adjoining | ||||||
10 | county in this State, having a circulation in
the county in | ||||||
11 | which action is pending. The publication shall contain
notice | ||||||
12 | of the pendency of the action, the title of the court, the | ||||||
13 | title
of the case, showing the names of the first named | ||||||
14 | plaintiff and the
first named defendant, the number of the | ||||||
15 | case, the names of the parties
to be served by publication, and | ||||||
16 | the date on or after which default may
be entered against such | ||||||
17 | party. The clerk shall also, within 10 days of the
first | ||||||
18 | publication of the notice, send a copy thereof by mail, | ||||||
19 | addressed
to each defendant whose place of residence is stated | ||||||
20 | in such affidavit.
The certificate of the clerk that he or she | ||||||
21 | has sent the copy in pursuance of
this Section is evidence that | ||||||
22 | he or she has done so.
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23 | (a-5) If, in any action brought under Part 15 of Article XV | ||||||
24 | of this Code, a plaintiff or his or her attorney files, at the | ||||||
25 | office of the clerk of the court in which the action is | ||||||
26 | pending, an affidavit showing that the defendant resides |
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1 | outside of or has left this State, or on due inquiry cannot be | ||||||
2 | found, or is concealed within this State so that process cannot | ||||||
3 | be served upon him or her, and stating the place of residence | ||||||
4 | of the defendant, if known, or that upon diligent inquiry the | ||||||
5 | place of residence of the defendant cannot be ascertained, the | ||||||
6 | plaintiff or his or her representative shall cause publication | ||||||
7 | to be made in some newspaper published in the county in which | ||||||
8 | the action is pending. If there is no newspaper published in | ||||||
9 | that county, then the publication shall be in a newspaper | ||||||
10 | published in an adjoining county in this State, having a | ||||||
11 | circulation in the county in which action is pending. The | ||||||
12 | publication shall contain notice of the pendency of the action, | ||||||
13 | the title of the court, the title of the case showing the names | ||||||
14 | of the first named plaintiff and the first named defendant, the | ||||||
15 | number of the case, the names of the parties to be served by | ||||||
16 | publication, and the date on or after which default may be | ||||||
17 | entered against such party. The plaintiff or his or her | ||||||
18 | representative shall also, within 10 days of the first | ||||||
19 | publication of the notice, send a copy thereof by mail, | ||||||
20 | addressed to each defendant whose place of residence is stated | ||||||
21 | in the affidavit. The certificate of the plaintiff or his or | ||||||
22 | her representative that he or she has sent the copy in | ||||||
23 | accordance with this Section is evidence that he or she has | ||||||
24 | done so. | ||||||
25 | (b) In any action brought by a unit of local government to | ||||||
26 | cause the
demolition, repair, or enclosure of a dangerous and |
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1 | unsafe or uncompleted
or abandoned building, notice by | ||||||
2 | publication under this Section may be
commenced during the time | ||||||
3 | during which attempts are made to locate the
defendant for | ||||||
4 | personal service. In that case, the unit of local government
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5 | shall file with the clerk an affidavit stating that the action | ||||||
6 | meets the
requirements of this subsection and that all required | ||||||
7 | attempts are being
made to locate the defendant. Upon the | ||||||
8 | filing of the affidavit, the clerk
shall cause publication to | ||||||
9 | be made under this Section. Upon completing the
attempts to | ||||||
10 | locate the defendant required by this Section, the municipality
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11 | shall file with the clerk an affidavit meeting the requirements | ||||||
12 | of
subsection (a). Service under this subsection shall not be | ||||||
13 | deemed to have
been made until the affidavit is filed and | ||||||
14 | service by publication in the
manner prescribed in subsection | ||||||
15 | (a) is completed.
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16 | (Source: P.A. 87-1276.)".
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