Illinois General Assembly - Bill Status for HB5290

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.

Further amends the Code of Civil Procedure. Provides that each facility or jail shall designate a representative to accept service from a licensed or registered private detective agency for an inmate (instead of each facility or jail shall establish a location for service of process). Deletes provision stating that for the security of a facility or jail that a process server may be refused entry. Provides that for an inmate incarcerated in a Department of Corrections facility, the process server shall contact the chief administrative officer 2 days in advance to make arrangements for service of process. Provides that service upon a warden's or sheriff's representative shall constitute substitute service. Provides that if a representative accepts service of process for an inmate, the process shall be delivered to the inmate, but no fine, penalty, or other liability (instead of fine) may be imposed for the failure to do so. Provides that if it is determined after the process has been left with the representative that the inmate is not present, the representative shall promptly return the process, indicating that the substitute service could not be effectuated. Provides that the process server shall notify the court of the unsuccessful service.

Further amends the Code of Civil Procedure. Provides that for an inmate incarcerated in a Department of Corrections facility, the process server shall contact the chief administrative officer in advance (instead of 2 days in advance) to make arrangements for service of process.

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