Bill Status of HB 5290   96th General Assembly

Short Description:  CIV PRO-PROCESS SERVER-INMATES

House Sponsors
Rep. Franco Coladipietro

Senate Sponsors
(Sen. Kirk W. Dillard)


Last Action  View All Actions

DateChamber Action
  8/20/2010HousePublic Act . . . . . . . . . 96-1451

Statutes Amended In Order of Appearance
735 ILCS 5/2-202from Ch. 110, par. 2-202
735 ILCS 5/2-203.2 new

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that in a county with a population of less than 2,000,000 (instead of 1,000,000), a sheriff may employ civilian personnel to serve process and that process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a certified private detective agency. Provides that for the security of a correctional facility or jail, a process server may be refused entry. Provides that each facility or jail shall establish a location for service of process. Provides that if a representative of a warden or sheriff accepts service of process for an inmate, the process shall be delivered to the inmate within one day, but no fine may be levied for the failure to do so. Provides that service may be refused if an inmate is not present in the facility or jail. Effective immediately.

Senate Committee Amendment No. 1
Further amends the Code of Civil Procedure. Provides that each facility or jail shall designate a representative to accept service from a licensed or registered private detective agency for an inmate (instead of each facility or jail shall establish a location for service of process). Deletes provision stating that for the security of a facility or jail that a process server may be refused entry. Provides that for an inmate incarcerated in a Department of Corrections facility, the process server shall contact the chief administrative officer 2 days in advance to make arrangements for service of process. Provides that service upon a warden's or sheriff's representative shall constitute substitute service. Provides that if a representative accepts service of process for an inmate, the process shall be delivered to the inmate, but no fine, penalty, or other liability (instead of fine) may be imposed for the failure to do so. Provides that if it is determined after the process has been left with the representative that the inmate is not present, the representative shall promptly return the process, indicating that the substitute service could not be effectuated. Provides that the process server shall notify the court of the unsuccessful service.

Senate Floor Amendment No. 2
Further amends the Code of Civil Procedure. Provides that for an inmate incarcerated in a Department of Corrections facility, the process server shall contact the chief administrative officer in advance (instead of 2 days in advance) to make arrangements for service of process.

Actions 
DateChamber Action
  2/3/2010HouseFiled with the Clerk by Rep. Franco Coladipietro
  2/3/2010HouseFirst Reading
  2/3/2010HouseReferred to Rules Committee
  2/16/2010HouseAssigned to Judiciary I - Civil Law Committee
  3/3/2010HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000
  3/3/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2010HouseSecond Reading - Short Debate
  3/10/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/12/2010HouseThird Reading - Short Debate - Passed 110-000-000
  3/12/2010SenateArrive in Senate
  3/12/2010SenatePlaced on Calendar Order of First Reading March 15, 2010
  3/16/2010SenateChief Senate Sponsor Sen. Kirk W. Dillard
  3/16/2010SenateFirst Reading
  3/16/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Judiciary
  4/14/2010SenatePostponed - Judiciary
  4/15/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  4/15/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/20/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/20/2010SenateSenate Committee Amendment No. 1 Adopted
  4/20/2010SenateDo Pass as Amended Judiciary; 008-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/22/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard
  4/22/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/28/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/29/2010SenateSecond Reading
  4/29/2010SenatePlaced on Calendar Order of 3rd Reading April 30, 2010
  4/29/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  5/4/2010SenateRecalled to Second Reading
  5/4/2010SenateSenate Floor Amendment No. 2 Adopted; Dillard
  5/4/2010SenatePlaced on Calendar Order of 3rd Reading
  5/4/2010SenateThird Reading - Passed; 059-000-000
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/4/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Franco Coladipietro
  5/4/2010HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Franco Coladipietro
  5/4/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/4/2010HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/6/2010HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/26/2010HouseSenate Committee Amendment No. 1 House Concurs 111-000-000
  5/26/2010HouseSenate Floor Amendment No. 2 House Concurs 111-000-000
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/20/2010HouseGovernor Approved
  8/20/2010HouseEffective Date August 20, 2010
  8/20/2010HousePublic Act . . . . . . . . . 96-1451

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