Full Text of HB0784 94th General Assembly
HB0784 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0784
Introduced 2/2/2005, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-202 |
from Ch. 110, par. 2-202 |
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Amends the Code of Civil Procedure. Deletes language allowing civilian personnel to serve process in counties with a population of less than 1,000,000. Provides that process may be served in any county without special appointment by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act (instead of just in counties with a population of less than 1,000,000).
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A BILL FOR
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HB0784 |
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LRB094 03693 LCB 33698 b |
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| AN ACT concerning civil procedure.
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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 as 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.
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| (a) Process shall be served by a
sheriff, or if the sheriff | 10 |
| is disqualified, by a coroner of some county of the
State. In | 11 |
| addition, process may be served,
A sheriff of a county with a | 12 |
| population of less than 1,000,000
may employ civilian personnel | 13 |
| to serve process. In
counties with a population of less than | 14 |
| 1,000,000, process may
be served, without special appointment, | 15 |
| by a person who is licensed or
registered as a private | 16 |
| detective under the Private Detective, Private
Alarm, Private
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| Security, and Locksmith Act of 2004 or by a registered
employee | 18 |
| of a private detective
agency certified under that Act. A | 19 |
| private detective or licensed
employee must supply the sheriff | 20 |
| of any county in which he serves process
with a copy of his | 21 |
| license or certificate; however, the failure of a person
to | 22 |
| supply the copy shall not in any way impair the validity of | 23 |
| process
served by the person. The court may, in its discretion | 24 |
| upon motion, order
service to be made by a private person over | 25 |
| 18 years of age and not a party
to the action.
It is not | 26 |
| necessary that service be made by a sheriff or
coroner of the | 27 |
| 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 | 29 |
| her return
thereon, and if by a private person the return shall | 30 |
| be by affidavit.
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| (a-5) Upon motion and in its discretion, the court may | 32 |
| appoint as a
special process
server a
private detective agency |
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HB0784 |
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LRB094 03693 LCB 33698 b |
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| certified under the Private Detective, Private Alarm,
Private
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| Security, and Locksmith Act of 2004. Under the appointment,
any | 3 |
| employee of
the
private detective agency who is registered | 4 |
| under that Act may serve the
process. The
motion and the order | 5 |
| of appointment must contain the number of the certificate
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| issued to
the private detective agency by the Department of | 7 |
| Professional Regulation under
the
Private Detective, Private | 8 |
| Alarm, Private Security, and Locksmith Act of
2004.
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| (b) Summons may be served upon the defendants wherever they | 10 |
| may be
found in the State, by any person authorized to serve | 11 |
| process. An officer
may serve summons in his or her official | 12 |
| capacity outside his or her county,
but fees for mileage | 13 |
| outside the county of the officer cannot be taxed
as costs. The | 14 |
| person serving the process in a foreign county may make
return | 15 |
| by mail.
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| (c) If any sheriff, coroner, or other person to whom any | 17 |
| process is
delivered, neglects or refuses to make return of the | 18 |
| same, the plaintiff
may petition the court to enter a rule | 19 |
| requiring the sheriff, coroner,
or other person, to make return | 20 |
| of the process on a day to be fixed by
the court, or to show | 21 |
| cause on that day why that person should not be attached
for | 22 |
| 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 | 24 |
| other
person. If good and sufficient cause be not shown to | 25 |
| excuse the officer
or other person, the court shall adjudge him | 26 |
| or her guilty of a contempt, and
shall impose punishment as in | 27 |
| other cases of contempt.
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| (d) If process is served by a sheriff or coroner, the court | 29 |
| may tax
the fee of the sheriff or coroner as costs in the | 30 |
| proceeding. If process
is served by a private person or entity, | 31 |
| the court may establish a fee
therefor and tax such fee as | 32 |
| costs in the proceedings.
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| (e) In addition to the powers stated in Section 8.1a of the | 34 |
| Housing
Authorities Act, in counties with a population of | 35 |
| 3,000,000 or more
inhabitants,
members of a housing authority | 36 |
| police force may serve process for forcible
entry and detainer |
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HB0784 |
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| 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, | 4 |
| 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 | 6 |
| 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 | 8 |
| a lessor or
lessor's assignee declaring a lease void pursuant | 9 |
| to Section 11 of the
Controlled Substance and Cannabis Nuisance | 10 |
| Act.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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