Full Text of HB5290 96th General Assembly
HB5290enr 96TH GENERAL ASSEMBLY
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HB5290 Enrolled |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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:
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| (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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| Sec. 2-202. Persons authorized to serve process; Place of
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| 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
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| 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
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| 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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| 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
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| 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.
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| (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
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| 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
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| 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.
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| (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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| (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
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| 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.
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| (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.
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| (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
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| orders of possession for that housing authority.
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| (f) In counties with a population of 3,000,000 or more, | 25 |
| process may be
served, with special appointment by the court,
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| by a private process server or
a law enforcement agency other |
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| than the county sheriff
in proceedings instituted under the
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| 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.
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| (Source: P.A. 95-613, eff. 9-11-07.)
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| (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 that correctional institution
or | 11 |
| facility or jail. Each correctional institution or facility or | 12 |
| jail shall designate a
representative to accept service from a | 13 |
| licensed or registered private detective or agency for
purposes | 14 |
| of effectuating service upon an inmate in the custody of the | 15 |
| institution, facility,
or jail. With respect to an inmate | 16 |
| incarcerated in an Illinois Department of Corrections
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| facility, the process server shall contact the chief | 18 |
| administrative officer in
advance to arrange and designate the | 19 |
| time and date, during regularly scheduled business
hours, that | 20 |
| the facility representative will meet with and accept service | 21 |
| from the process
server. Service upon a warden's or sheriff's | 22 |
| representative shall constitute substitute
service and a | 23 |
| mailing to the inmate of the process shall be completed by the | 24 |
| server in
accordance with Section 2-202. A warden's or | 25 |
| sheriff's representative accepting
substitute service shall |
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| forward the process to the inmate, but if for any reason the | 2 |
| process
is not forwarded to the inmate, the sheriff, sheriff's | 3 |
| representative, warden, or warden's
representative shall not | 4 |
| be responsible for any civil fine or penalty, or have other | 5 |
| liability.
If for any reason an inmate is not in the | 6 |
| correctional institution or facility or jail at the
time of the | 7 |
| service of process, a warden's or sheriff's representative may | 8 |
| refuse to accept
service for the inmate. If it is determined | 9 |
| after the process has been left with the
designated | 10 |
| representative, that the inmate is not present at that | 11 |
| institution or facility or
jail, the designated representative | 12 |
| shall promptly return it to the licensed or registered
private | 13 |
| detective or agency, indicating that the substitute service | 14 |
| could not be effectuated.
The process server shall promptly | 15 |
| notify the court of the unsuccessful service.
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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