96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5290

 

Introduced 2/3/2010, by Rep. Franco Coladipietro

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-202   from Ch. 110, par. 2-202
735 ILCS 5/2-203.2 new

    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.


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A BILL FOR

 

HB5290 LRB096 14615 AJO 29454 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 2-202 and by adding Section 2-203.2 as
6 follows:
 
7     (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
8     Sec. 2-202. Persons authorized to serve process; Place of
9 service; Failure to make return.
10     (a) Process shall be served by a sheriff, or if the sheriff
11 is disqualified, by a coroner of some county of the State. A
12 sheriff of a county with a population of less than 2,000,000
13 1,000,000 may employ civilian personnel to serve process. In
14 counties with a population of less than 2,000,000 1,000,000,
15 process may be served, without special appointment, by a person
16 who is licensed or registered as a private detective under the
17 Private Detective, Private Alarm, Private Security,
18 Fingerprint Vendor, and Locksmith Act of 2004 or by a
19 registered employee of a private detective agency certified
20 under that Act. A private detective or licensed employee must
21 supply the sheriff of any county in which he serves process
22 with a copy of his license or certificate; however, the failure
23 of a person to supply the copy shall not in any way impair the

 

 

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1 validity of process served by the person. The court may, in its
2 discretion upon motion, order service to be made by a private
3 person over 18 years of age and not a party to the action. It is
4 not necessary that service be made by a sheriff or coroner of
5 the county in which service is made. If served or sought to be
6 served by a sheriff or coroner, he or she shall endorse his or
7 her return thereon, and if by a private person the return shall
8 be by affidavit.
9     (a-5) Upon motion and in its discretion, the court may
10 appoint as a special process server a private detective agency
11 certified under the Private Detective, Private Alarm, Private
12 Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
13 the appointment, any employee of the private detective agency
14 who is registered under that Act may serve the process. The
15 motion and the order of appointment must contain the number of
16 the certificate issued to the private detective agency by the
17 Department of Professional Regulation under the Private
18 Detective, Private Alarm, Private Security, Fingerprint
19 Vendor, and Locksmith Act of 2004.
20     (b) Summons may be served upon the defendants wherever they
21 may be found in the State, by any person authorized to serve
22 process. An officer may serve summons in his or her official
23 capacity outside his or her county, but fees for mileage
24 outside the county of the officer cannot be taxed as costs. The
25 person serving the process in a foreign county may make return
26 by mail.

 

 

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1     (c) If any sheriff, coroner, or other person to whom any
2 process is delivered, neglects or refuses to make return of the
3 same, the plaintiff may petition the court to enter a rule
4 requiring the sheriff, coroner, or other person, to make return
5 of the process on a day to be fixed by the court, or to show
6 cause on that day why that person should not be attached for
7 contempt of the court. The plaintiff shall then cause a written
8 notice of the rule to be served on the sheriff, coroner, or
9 other person. If good and sufficient cause be not shown to
10 excuse the officer or other person, the court shall adjudge him
11 or her guilty of a contempt, and shall impose punishment as in
12 other cases of contempt.
13     (d) If process is served by a sheriff or coroner, the court
14 may tax the fee of the sheriff or coroner as costs in the
15 proceeding. If process is served by a private person or entity,
16 the court may establish a fee therefor and tax such fee as
17 costs in the proceedings.
18     (e) In addition to the powers stated in Section 8.1a of the
19 Housing Authorities Act, in counties with a population of
20 3,000,000 or more inhabitants, members of a housing authority
21 police force may serve process for forcible entry and detainer
22 actions commenced by that housing authority and may execute
23 orders of possession for that housing authority.
24     (f) In counties with a population of 3,000,000 or more,
25 process may be served, with special appointment by the court,
26 by a private process server or a law enforcement agency other

 

 

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1 than the county sheriff in proceedings instituted under the
2 Forcible Entry and Detainer Article of this Code as a result of
3 a lessor or lessor's assignee declaring a lease void pursuant
4 to Section 11 of the Controlled Substance and Cannabis Nuisance
5 Act.
6 (Source: P.A. 95-613, eff. 9-11-07.)
 
7     (735 ILCS 5/2-203.2 new)
8     Sec. 2-203.2. Service on an inmate. For the security of a
9 correctional institution or facility or jail, a process server
10 may be refused entry into a correctional institution or
11 facility or jail. Each correctional institution or facility or
12 jail shall establish a location where an inmate may accept
13 service of process, but if no location is established, a
14 process server shall be granted entry for service of process.
15 Service upon a warden's or sheriff's representative shall
16 constitute substitute service and a mailing to the inmate of
17 the process shall be completed by the server in accordance with
18 Section 2-202. A warden's or sheriff's representative
19 accepting substitute service shall forward the process to the
20 inmate within one business day, but if for any reason the
21 process is not forwarded to the inmate, the sheriff, sheriff's
22 representative, warden, or warden's representative shall not
23 be responsible for any civil fine. If for any reason an inmate
24 is not in the correctional institution or facility or jail at
25 the time of the service of process, a warden's or sheriff's

 

 

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1 representative may refuse to accept service for the inmate.
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.