98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3275
 
Introduced , by Rep. Arthur Turner
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Civil Practice Law of the Code of Civil Procedure. Replaces certain provisions concerning service of summons upon individuals with language providing that service shall be made in the following manner: (1) service shall be accomplished by: (A) handing it to the person; (B) leaving it at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone  of suitable age and discretion who resides there; (C) mailing it to the person's last known address, in which event service is complete upon mailing; or (D) leaving it with the court clerk if the person has no known address; and (2) if a party is represented by an attorney, service must be made on the attorney unless the court orders service on the party. Effective immediately.
  


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A BILL FOR
 

  
HB3275LRB098 08258 HEP 41587 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 2-203 as follows:
 


6    (735 ILCS 5/2-203)  (from Ch. 110, par. 2-203)



7    Sec. 2-203. Service on individuals. 

8    (a) Except as otherwise expressly provided, service of 
9summons upon
an individual defendant shall be made in the 
10following manner:
11        (1) service shall be accomplished by: (A) handing it to 
12    the person; (B) leaving it at the person's office with a 
13    clerk or other person in charge or, if no one is in charge, 
14    in a conspicuous place in the office; or if the person has 
15    no office or the office is closed, at the person's dwelling 
16    or usual place of abode with someone  of suitable age and 
17    discretion who resides there; (C) mailing it to the 
18    person's last known address, in which event service is 
19    complete upon mailing; or (D) leaving it with the court 
20    clerk if the person has no known address;
21        (2) if a party is represented by an attorney, service 
22    must be made on the attorney unless the court orders 
23    service on the party; (1) by leaving a copy of the summons 
 
 
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1    with
the defendant personally, (2) by leaving a copy at the 
2    defendant's
usual place of
abode, with some person of the 
3    family or a person residing there, of the
age of 13 years 
4    or
upwards, and informing that person of the contents of 
5    the summons, provided the
officer or other person making 
6    service shall also send a copy of the
summons in a sealed 
7    envelope with postage fully prepaid, addressed to
the 
8    defendant at his or her usual place of abode, or
9        (3) as provided in
Section 1-2-9.2 of the Illinois 
10    Municipal Code with respect to violation of an ordinance 
11    governing parking or
standing of vehicles in cities with a 
12    population over 500,000.

13    The certificate of the
officer or affidavit of the person 
14that he or she has sent the copy in
pursuance of this Section 
15is evidence that he or she has done so. No employee of a 
16facility licensed under the Nursing Home Care Act, the 
17Specialized Mental Health Rehabilitation Act, or the ID/DD 
18Community Care Act shall obstruct an officer or other person 
19making service in compliance with this Section. 

20    (b) The officer, in his or her certificate or in a record 
21filed and
maintained in the Sheriff's office, or other person 
22making service, in
his or her affidavit or in a record filed 
23and maintained in his or her
employer's
office, shall (1) 
24identify as to sex, race, and approximate age the
defendant or 
25other person with whom the summons was left and (2) state
the 
26place where (whenever possible in terms of an exact street 
 
 
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1address)
and the date and time of the day when the summons was 
2left with the
defendant or other person.

3    (c) Any person who knowingly sets forth in the certificate 
4or
affidavit any false statement, shall be liable in civil 
5contempt. When
the court holds a person in civil contempt under 
6this Section, it shall
award such damages as it determines to 
7be just and, when the
contempt is
prosecuted by a private 
8attorney, may award reasonable attorney's fees.

9(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
10eff. 1-1-12; 97-813, eff. 7-13-12.)

 
 
11    Section 99. Effective date. This Act takes effect upon 
12becoming law.