Full Text of HB1460 97th General Assembly
HB1460 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1460 Introduced , by Rep. William Cunningham SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/32-5.2-6 new | | 735 ILCS 5/2-202 | from Ch. 110, par. 2-202 |
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Amends the Criminal Code of 1961. Creates the offense of false personation of a peace officer while serving process. Provides that a person commits the offense when he or she, not being a peace officer, knowingly wears a coat, hat, or other clothing while serving process that reasonably creates the impression that the person is a peace officer. Amends the Code of Civil Procedure. With respect to the requirement that a person who is a licensed or
registered private detective or a registered
employee of a private detective
agency must supply the sheriff of any county in which the person serves process with a copy of the person's license or certificate, deletes language providing that the failure of a person to supply a copy of the license or certificate to the sheriff does not impair the validity of process served by the person. In a provision that allows a court to appoint a certified private detective agency as a special process server, deletes language allowing any employee of the private detective agency to serve the process under the appointment.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning process servers.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Section 32-5.2-6 as follows: | 6 | | (720 ILCS 5/32-5.2-6 new) | 7 | | Sec. 32-5.2-6. False personation of a peace officer while | 8 | | serving process. | 9 | | (a) A person commits false personation of a peace officer | 10 | | while serving process when he or she, not being a peace | 11 | | officer, knowingly wears a coat, hat, or other clothing while | 12 | | serving process that reasonably creates the impression that the | 13 | | person is a peace officer. | 14 | | (b) Sentence. False personation of a peace officer while | 15 | | serving process is a Class A misdemeanor. | 16 | | Section 10. The Code of Civil Procedure is amended by | 17 | | changing Section 2-202 as follows:
| 18 | | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
| 19 | | Sec. 2-202. Persons authorized to serve process; Place of
| 20 | | service; Failure to make return. | 21 | | (a) Process shall be served by a
sheriff, or if the sheriff |
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| 1 | | is disqualified, by a coroner of some county of the
State. A | 2 | | sheriff of a county with a population of less than 2,000,000
| 3 | | may employ civilian personnel to serve process. In
counties | 4 | | with a population of less than 2,000,000, process may
be | 5 | | served, without special appointment, by a person who is | 6 | | licensed or
registered as a private detective under the Private | 7 | | Detective, Private
Alarm, Private
Security, Fingerprint | 8 | | Vendor, and Locksmith Act of 2004 or by a registered
employee | 9 | | of a private detective
agency certified under that Act. A | 10 | | private detective or licensed
employee must supply the sheriff | 11 | | of any county in which he serves process
with a copy of his | 12 | | license or certificate ; however, the failure of a person
to | 13 | | supply the copy shall not in any way impair the validity of | 14 | | process
served by the person . The court may, in its discretion | 15 | | upon motion, order
service to be made by a private person over | 16 | | 18 years of age and not a party
to the action.
It is not | 17 | | necessary that service be made by a sheriff or
coroner of the | 18 | | county in which service is made. If served or sought to be
| 19 | | served by a sheriff or coroner, he or she shall endorse his or | 20 | | her return
thereon, and if by a private person the return shall | 21 | | be by affidavit.
| 22 | | (a-5) Upon motion and in its discretion, the court may | 23 | | appoint as a
special process
server a
private detective agency | 24 | | certified under the Private Detective, Private Alarm,
Private
| 25 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 26 | | the appointment,
any employee of
the
private detective agency |
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| 1 | | who is registered under that Act may serve the
process. The
| 2 | | motion and the order of appointment must contain the number of | 3 | | the certificate
issued to
the private detective agency by the | 4 | | Department of Professional Regulation under
the
Private | 5 | | Detective, Private Alarm, Private Security, Fingerprint | 6 | | Vendor, and Locksmith Act of
2004.
| 7 | | (b) Summons may be served upon the defendants wherever they | 8 | | may be
found in the State, by any person authorized to serve | 9 | | process. An officer
may serve summons in his or her official | 10 | | capacity outside his or her county,
but fees for mileage | 11 | | outside the county of the officer cannot be taxed
as costs. The | 12 | | person serving the process in a foreign county may make
return | 13 | | by mail.
| 14 | | (c) If any sheriff, coroner, or other person to whom any | 15 | | process is
delivered, neglects or refuses to make return of the | 16 | | same, the plaintiff
may petition the court to enter a rule | 17 | | requiring the sheriff, coroner,
or other person, to make return | 18 | | of the process on a day to be fixed by
the court, or to show | 19 | | cause on that day why that person should not be attached
for | 20 | | contempt of the court. The plaintiff shall then cause a written
| 21 | | notice of the rule to be served on the sheriff, coroner, or | 22 | | other
person. If good and sufficient cause be not shown to | 23 | | excuse the officer
or other person, the court shall adjudge him | 24 | | or her guilty of a contempt, and
shall impose punishment as in | 25 | | other cases of contempt.
| 26 | | (d) If process is served by a sheriff or coroner, the court |
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| 1 | | may tax
the fee of the sheriff or coroner as costs in the | 2 | | proceeding. If process
is served by a private person or entity, | 3 | | the court may establish a fee
therefor and tax such fee as | 4 | | costs in the proceedings.
| 5 | | (e) In addition to the powers stated in Section 8.1a of the | 6 | | Housing
Authorities Act, in counties with a population of | 7 | | 3,000,000 or more
inhabitants,
members of a housing authority | 8 | | police force may serve process for forcible
entry and detainer | 9 | | actions commenced by that housing authority and may execute
| 10 | | orders of possession for that housing authority.
| 11 | | (f) In counties with a population of 3,000,000 or more, | 12 | | process may be
served, with special appointment by the court,
| 13 | | by a private process server or
a law enforcement agency other | 14 | | than the county sheriff
in proceedings instituted under the
| 15 | | Forcible Entry and Detainer Article of this Code as a result of | 16 | | a lessor or
lessor's assignee declaring a lease void pursuant | 17 | | to Section 11 of the
Controlled Substance and Cannabis Nuisance | 18 | | Act.
| 19 | | (Source: P.A. 95-613, eff. 9-11-07; 96-1451, eff. 8-20-10.)
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