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Sen. Kirk W. Dillard
Filed: 4/15/2010
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09600HB5290sam001 |
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LRB096 14615 AJO 39587 a |
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| AMENDMENT TO HOUSE BILL 5290
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| AMENDMENT NO. ______. Amend House Bill 5290 on page 4, by |
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| replacing lines 8 through 25 with the following:
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| "Sec. 2-203.2. Service on an inmate. For the security of a |
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| correctional institution
or facility or jail, a process server |
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| may be refused entry into that correctional institution
or |
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| facility or jail. Each correctional institution or facility or |
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| jail shall designate a
representative to accept service from a |
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| licensed or registered private detective or agency for
purposes |
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| of effectuating service upon an inmate in the custody of the |
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| institution, facility,
or jail. With respect to an inmate |
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| incarcerated in an Illinois Department of Corrections
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| facility, the process server shall contact the chief |
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| administrative officer 2 days in
advance to arrange and |
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| designate the time and date, during regularly scheduled |
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| business
hours, that the facility representative will meet with |
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| and accept service from the process
server. Service upon a |
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09600HB5290sam001 |
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LRB096 14615 AJO 39587 a |
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| warden's or sheriff's representative shall constitute |
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| substitute
service and a mailing to the inmate of the process |
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| shall be completed by the server in
accordance with Section |
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| 2-202. A warden's or sheriff's representative accepting
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| substitute service shall forward the process to the inmate, but |
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| if for any reason the process
is not forwarded to the inmate, |
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| the sheriff, sheriff's representative, warden, or warden's
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| representative shall not be responsible for any civil fine or |
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| penalty, or have other liability.
If for any reason an inmate |
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| is not in the correctional institution or facility or jail at |
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| the
time of the service of process, a warden's or sheriff's |
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| representative may refuse to accept
service for the inmate. If |
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| it is determined after the process has been left with the
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| designated representative, that the inmate is not present at |
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| that institution or facility or
jail, the designated |
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| representative shall promptly return it to the licensed or |
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| registered
private detective or agency, indicating that the |
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| substitute service could not be effectuated.
The process server |
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| shall promptly notify the court of the unsuccessful service."; |
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| and
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| on page 5, by deleting line 1.
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