Sen. Kirk W. Dillard
Filed: 4/15/2010
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| 1 | AMENDMENT TO HOUSE BILL 5290
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| 2 | AMENDMENT NO. ______. Amend House Bill 5290 on page 4, by | ||||||
| 3 | replacing lines 8 through 25 with the following:
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| 4 | "Sec. 2-203.2. Service on an inmate. For the security of a | ||||||
| 5 | correctional institution
or facility or jail, a process server | ||||||
| 6 | may be refused entry into that correctional institution
or | ||||||
| 7 | facility or jail. Each correctional institution or facility or | ||||||
| 8 | jail shall designate a
representative to accept service from a | ||||||
| 9 | licensed or registered private detective or agency for
purposes | ||||||
| 10 | of effectuating service upon an inmate in the custody of the | ||||||
| 11 | institution, facility,
or jail. With respect to an inmate | ||||||
| 12 | incarcerated in an Illinois Department of Corrections
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| 13 | facility, the process server shall contact the chief | ||||||
| 14 | administrative officer 2 days in
advance to arrange and | ||||||
| 15 | designate the time and date, during regularly scheduled | ||||||
| 16 | business
hours, that the facility representative will meet with | ||||||
| 17 | and accept service from the process
server. Service upon a | ||||||
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| 1 | warden's or sheriff's representative shall constitute | ||||||
| 2 | substitute
service and a mailing to the inmate of the process | ||||||
| 3 | shall be completed by the server in
accordance with Section | ||||||
| 4 | 2-202. A warden's or sheriff's representative accepting
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| 5 | substitute service shall forward the process to the inmate, but | ||||||
| 6 | if for any reason the process
is not forwarded to the inmate, | ||||||
| 7 | the sheriff, sheriff's representative, warden, or warden's
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| 8 | representative shall not be responsible for any civil fine or | ||||||
| 9 | penalty, or have other liability.
If for any reason an inmate | ||||||
| 10 | is not in the correctional institution or facility or jail at | ||||||
| 11 | the
time of the service of process, a warden's or sheriff's | ||||||
| 12 | representative may refuse to accept
service for the inmate. If | ||||||
| 13 | it is determined after the process has been left with the
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| 14 | designated representative, that the inmate is not present at | ||||||
| 15 | that institution or facility or
jail, the designated | ||||||
| 16 | representative shall promptly return it to the licensed or | ||||||
| 17 | registered
private detective or agency, indicating that the | ||||||
| 18 | substitute service could not be effectuated.
The process server | ||||||
| 19 | shall promptly notify the court of the unsuccessful service."; | ||||||
| 20 | and | ||||||
| 21 | on page 5, by deleting line 1.
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