Full Text of HB2333 96th General Assembly
HB2333 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2333
Introduced 2/19/2009, by Rep. Franco Coladipietro 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 by providing that the order must list the name of the specific person authorized to make the service; multiple names or blank authorization may not be allowed unless the person is licensed as a private detective or is employed by a detective agency licensed by the Department of Financial and Professional Regulation under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The court may not appoint a private person who represents himself as a private process service company unless the person is licensed as a private detective agency by the Department of Financial and Professional Regulation under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Effective immediately.
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A BILL FOR
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HB2333 |
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LRB096 03964 AJO 13999 b |
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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 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. | 9 |
| (a) Process shall be served by a
sheriff, or if the sheriff | 10 |
| is disqualified, by a coroner of some county of the
State. A | 11 |
| sheriff of a county with a population of less than 2,000,000 | 12 |
| 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 , | 14 |
| process may
be served, without special appointment, by a person | 15 |
| who is licensed or
registered as a private detective under the | 16 |
| Private Detective, Private
Alarm, Private
Security, | 17 |
| Fingerprint Vendor, and Locksmith Act of 2004 or by a | 18 |
| registered
employee of a private detective
agency certified | 19 |
| under that Act. A private detective or licensed
employee must | 20 |
| 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 | 22 |
| of a person
to supply the copy shall not in any way impair the | 23 |
| validity of process
served by the person. The court may, in its |
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HB2333 |
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LRB096 03964 AJO 13999 b |
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| discretion upon motion, order
service to be made by a private | 2 |
| person over 18 years of age and not a party
to the action. The | 3 |
| order must list the name of the specific person authorized to | 4 |
| make the service; multiple names or blank authorization may not | 5 |
| be allowed unless the person is licensed as a private detective | 6 |
| or is employed by a detective agency licensed by the Department | 7 |
| of Financial and Professional Regulation under the Private | 8 |
| Detective, Private Alarm, Private Security, Fingerprint | 9 |
| Vendor, and Locksmith Act of 2004. The court may not appoint a | 10 |
| private person who represents himself as a private process | 11 |
| service company unless the person is licensed as a private | 12 |
| detective agency by the Department of Financial and | 13 |
| Professional Regulation under the Private Detective, Private | 14 |
| Alarm, Private Security, Fingerprint Vendor, and Locksmith Act | 15 |
| of 2004.
It is not necessary that service be made by a sheriff | 16 |
| or
coroner of the county in which service is made. If served or | 17 |
| sought to be
served by a sheriff or coroner, he or she shall | 18 |
| endorse his or her return
thereon, and if by a private person | 19 |
| the return shall be by affidavit.
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| (a-5) Upon motion and in its discretion, the court may | 21 |
| appoint as a
special process
server a
private detective agency | 22 |
| certified under the Private Detective, Private Alarm,
Private
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| Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 24 |
| the appointment,
any employee of
the
private detective agency | 25 |
| 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 |
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HB2333 |
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LRB096 03964 AJO 13999 b |
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| the certificate
issued to
the private detective agency by the | 2 |
| Department of Professional Regulation under
the
Private | 3 |
| Detective, Private Alarm, Private Security, Fingerprint | 4 |
| Vendor, and Locksmith Act of
2004.
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| (b) Summons may be served upon the defendants wherever they | 6 |
| may be
found in the State, by any person authorized to serve | 7 |
| process. An officer
may serve summons in his or her official | 8 |
| capacity outside his or her county,
but fees for mileage | 9 |
| outside the county of the officer cannot be taxed
as costs. The | 10 |
| person serving the process in a foreign county may make
return | 11 |
| by mail.
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| (c) If any sheriff, coroner, or other person to whom any | 13 |
| process is
delivered, neglects or refuses to make return of the | 14 |
| same, the plaintiff
may petition the court to enter a rule | 15 |
| requiring the sheriff, coroner,
or other person, to make return | 16 |
| of the process on a day to be fixed by
the court, or to show | 17 |
| cause on that day why that person should not be attached
for | 18 |
| 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 | 20 |
| other
person. If good and sufficient cause be not shown to | 21 |
| excuse the officer
or other person, the court shall adjudge him | 22 |
| or her guilty of a contempt, and
shall impose punishment as in | 23 |
| other cases of contempt.
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| (d) If process is served by a sheriff or coroner, the court | 25 |
| may tax
the fee of the sheriff or coroner as costs in the | 26 |
| proceeding. If process
is served by a private person or entity, |
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| the court may establish a fee
therefor and tax such fee as | 2 |
| costs in the proceedings.
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| (e) In addition to the powers stated in Section 8.1a of the | 4 |
| Housing
Authorities Act, in counties with a population of | 5 |
| 3,000,000 or more
inhabitants,
members of a housing authority | 6 |
| police force may serve process for forcible
entry and detainer | 7 |
| 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, | 10 |
| process may be
served, with special appointment by the court,
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| by a private process server who is licensed as a private | 12 |
| detective or is employed by a detective agency licensed by the | 13 |
| Department of Financial and Professional Regulation under the | 14 |
| Private Detective, Private Alarm, Private Security, | 15 |
| Fingerprint Vendor, and Locksmith Act of 2004 or
a law | 16 |
| enforcement agency other than the county sheriff
in proceedings | 17 |
| instituted under the
Forcible Entry and Detainer Article of | 18 |
| this Code as a result of a lessor or
lessor's assignee | 19 |
| declaring a lease void pursuant to Section 11 of the
Controlled | 20 |
| Substance and Cannabis Nuisance Act.
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| (Source: P.A. 95-613, eff. 9-11-07.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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