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Sen. Kwame Raoul
Filed: 3/1/2005
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LRB094 10875 DRJ 41919 a |
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| AMENDMENT TO SENATE BILL 530
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| AMENDMENT NO. ______. Amend Senate Bill 530 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by |
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| changing Section 2-202 as follows:
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| (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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| Sec. 2-202. Persons authorized to serve process; Place of
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| service; Failure to make return.
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| (a) Process shall be served by a
sheriff, or if the sheriff |
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| is disqualified, by a coroner of some county of the
State. A |
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| sheriff of a county with a population of less than 1,000,000
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| may employ civilian personnel to serve process. In
counties |
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| with a population of less than 1,000,000, and in counties with |
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| a population of more than 1,000,000 when process is to be |
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| served in a case in which a party is receiving child support |
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| enforcement services under Article X of the Illinois Public Aid |
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| Code, process may
be served, without special appointment, by a |
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| person who is licensed or
registered as a private detective |
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| under the Private Detective, Private
Alarm, Private
Security, |
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| and Locksmith Act of 2004 or by a registered
employee of a |
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| private detective
agency certified under that Act. A private |
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| detective or licensed
employee must supply the sheriff of any |
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| county in which he serves process
with a copy of his license or |
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| certificate; however, the failure of a person
to supply the |
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LRB094 10875 DRJ 41919 a |
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| copy shall not in any way impair the validity of process
served |
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| by the person. The court may, in its discretion upon motion, |
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| order
service to be made by a private person over 18 years of |
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| age and not a party
to the action.
It is not necessary that |
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| service be made by a sheriff or
coroner of the county in which |
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| service is made. If served or sought to be
served by a sheriff |
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| or coroner, he or she shall endorse his or her return
thereon, |
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| and if by a private person the return shall be by affidavit.
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| (a-5) Upon motion and in its discretion, the court may |
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| appoint as a
special process
server a
private detective agency |
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| certified under the Private Detective, Private Alarm,
Private
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| Security, and Locksmith Act of 2004. Under the appointment,
any |
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| employee of
the
private detective agency who is registered |
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| under that Act may serve the
process. The
motion and the order |
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| of appointment must contain the number of the certificate
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| issued to
the private detective agency by the Department of |
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| Professional Regulation under
the
Private Detective, Private |
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| Alarm, Private Security, and Locksmith Act of
2004.
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| (b) Summons may be served upon the defendants wherever they |
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| may be
found in the State, by any person authorized to serve |
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| process. An officer
may serve summons in his or her official |
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| capacity outside his or her county,
but fees for mileage |
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| outside the county of the officer cannot be taxed
as costs. The |
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| person serving the process in a foreign county may make
return |
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| by mail.
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| (c) If any sheriff, coroner, or other person to whom any |
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| process is
delivered, neglects or refuses to make return of the |
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| same, the plaintiff
may petition the court to enter a rule |
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| requiring the sheriff, coroner,
or other person, to make return |
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| of the process on a day to be fixed by
the court, or to show |
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| cause on that day why that person should not be attached
for |
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| contempt of the court. The plaintiff shall then cause a written
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| notice of the rule to be served on the sheriff, coroner, or |
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| other
person. If good and sufficient cause be not shown to |
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LRB094 10875 DRJ 41919 a |
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| excuse the officer
or other person, the court shall adjudge him |
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| or her guilty of a contempt, and
shall impose punishment as in |
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| other cases of contempt.
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| (d) If process is served by a sheriff or coroner, the court |
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| may tax
the fee of the sheriff or coroner as costs in the |
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| proceeding. If process
is served by a private person or entity, |
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| the court may establish a fee
therefor and tax such fee as |
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| costs in the proceedings.
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| (e) In addition to the powers stated in Section 8.1a of the |
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| Housing
Authorities Act, in counties with a population of |
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| 3,000,000 or more
inhabitants,
members of a housing authority |
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| police force may serve process for forcible
entry and detainer |
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| actions commenced by that housing authority and may execute
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| orders of possession for that housing authority.
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| (f) In counties with a population of 3,000,000 or more, |
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| process may be
served, with special appointment by the court,
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| by a private process server or
a law enforcement agency other |
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| than the county sheriff
in proceedings instituted under the
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| Forcible Entry and Detainer Article of this Code as a result of |
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| a lessor or
lessor's assignee declaring a lease void pursuant |
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| to Section 11 of the
Controlled Substance and Cannabis Nuisance |
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| Act.
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| (Source: P.A. 93-438, eff. 8-5-03.)".
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