95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2428


 
Introduced 2/15/2008, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		








  



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







    Amends the Code of Civil Procedure. Provides that as to service of process on individuals, no employee of a facility licensed under the Nursing Home Care Act shall obstruct a person making service in compliance with the Code. Effective immediately.
















LRB095 18300 AJO 44384 b

















 


 


A BILL FOR









 











SB2428

LRB095 18300 AJO 44384 b






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    AN ACT concerning civil law.

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


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



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



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    Sec. 2-203. Service on individuals. 

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

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

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The certificate of the
officer or affidavit of the person that 
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he or she has sent the copy in
pursuance of this Section is 
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evidence that he or she has done so. No employee of a facility 
 


 






SB2428
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LRB095 18300 AJO 44384 b




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licensed under the Nursing Home Care Act shall obstruct an 
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officer or other person making service in compliance with this 
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Section. 

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

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

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

 

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