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| | SB3286 Engrossed | | LRB098 19495 HEP 54670 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-203 as follows:
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| 6 | | (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
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| 7 | | Sec. 2-203. Service on individuals.
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| 8 | | (a) Except as otherwise expressly provided, service of |
| 9 | | summons upon
an individual defendant shall be made (1) by |
| 10 | | leaving a copy of the summons with
the defendant personally, |
| 11 | | (2) by leaving a copy at the defendant's
usual place of
abode, |
| 12 | | with some person of the family or a person residing there, of |
| 13 | | the
age of 13 years or
upwards, and informing that person of |
| 14 | | the contents of the summons, provided the
officer or other |
| 15 | | person making service shall also send a copy of the
summons in |
| 16 | | a sealed envelope with postage fully prepaid, addressed to
the |
| 17 | | defendant at his or her usual place of abode, or (3) as |
| 18 | | provided in
Section 1-2-9.2 of the Illinois Municipal Code with |
| 19 | | respect to violation of an ordinance governing parking or
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| 20 | | standing of vehicles in cities with a population over 500,000.
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| 21 | | The certificate of the
officer or affidavit of the person that |
| 22 | | he or she has sent the copy in
pursuance of this Section is |
| 23 | | evidence that he or she has done so. No employee of a facility |
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| | SB3286 Engrossed | - 2 - | LRB098 19495 HEP 54670 b |
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| 1 | | licensed under the Nursing Home Care Act, the Specialized |
| 2 | | Mental Health Rehabilitation Act of 2013, or the ID/DD |
| 3 | | Community Care Act shall obstruct an officer or other person |
| 4 | | making service in compliance with this Section. An employee of |
| 5 | | a gated residential community shall grant entry into the |
| 6 | | community, including its common areas and common elements, to a |
| 7 | | process server authorized under Section 2-202 of this Code who |
| 8 | | is attempting to serve process on a defendant or witness who |
| 9 | | resides within or is known to be within the community. As used |
| 10 | | in this Section, "gated residential community" includes a |
| 11 | | condominium association, housing cooperative, or private |
| 12 | | community.
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| 13 | | (b) The officer, in his or her certificate or in a record |
| 14 | | filed and
maintained in the Sheriff's office, or other person |
| 15 | | making service, in
his or her affidavit or in a record filed |
| 16 | | and maintained in his or her
employer's
office, shall (1) |
| 17 | | identify as to sex, race, and approximate age the
defendant or |
| 18 | | other person with whom the summons was left and (2) state
the |
| 19 | | place where (whenever possible in terms of an exact street |
| 20 | | address)
and the date and time of the day when the summons was |
| 21 | | left with the
defendant or other person.
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| 22 | | (c) Any person who knowingly sets forth in the certificate |
| 23 | | or
affidavit any false statement, shall be liable in civil |
| 24 | | contempt. When
the court holds a person in civil contempt under |
| 25 | | this Section, it shall
award such damages as it determines to |
| 26 | | be just and, when the
contempt is
prosecuted by a private |