Full Text of HB3275 98th General Assembly
HB3275 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3275 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-203 | from Ch. 110, par. 2-203 |
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Amends the Civil Practice Law of the Code of Civil Procedure. Replaces certain provisions concerning service of summons upon individuals with language providing that service shall be made in the following manner: (1) service shall be accomplished by: (A) handing it to the person; (B) leaving it at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there; (C) mailing it to the person's last known address, in which event service is complete upon mailing; or (D) leaving it with the court clerk if the person has no known address; and (2) if a party is represented by an attorney, service must be made on the attorney unless the court orders service on the party. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 2-203 as follows:
| 6 | | (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
| 7 | | Sec. 2-203. Service on individuals.
| 8 | | (a) Except as otherwise expressly provided, service of | 9 | | summons upon
an individual defendant shall be made in the | 10 | | following manner: | 11 | | (1) service shall be accomplished by: (A) handing it to | 12 | | the person; (B) leaving it at the person's office with a | 13 | | clerk or other person in charge or, if no one is in charge, | 14 | | in a conspicuous place in the office; or if the person has | 15 | | no office or the office is closed, at the person's dwelling | 16 | | or usual place of abode with someone of suitable age and | 17 | | discretion who resides there; (C) mailing it to the | 18 | | person's last known address, in which event service is | 19 | | complete upon mailing; or (D) leaving it with the court | 20 | | clerk if the person has no known address; | 21 | | (2) if a party is represented by an attorney, service | 22 | | must be made on the attorney unless the court orders | 23 | | service on the party; (1) by leaving a copy of the summons |
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| 1 | | with
the defendant personally, (2) by leaving a copy at the | 2 | | defendant's
usual place of
abode, with some person of the | 3 | | family or a person residing there, of the
age of 13 years | 4 | | or
upwards, and informing that person of the contents of | 5 | | the summons, provided the
officer or other person making | 6 | | service shall also send a copy of the
summons in a sealed | 7 | | envelope with postage fully prepaid, addressed to
the | 8 | | defendant at his or her usual place of abode, or | 9 | | (3) as provided in
Section 1-2-9.2 of the Illinois | 10 | | Municipal Code with respect to violation of an ordinance | 11 | | governing parking or
standing of vehicles in cities with a | 12 | | population over 500,000.
| 13 | | The certificate of the
officer or affidavit of the person | 14 | | that he or she has sent the copy in
pursuance of this Section | 15 | | is evidence that he or she has done so. No employee of a | 16 | | facility licensed under the Nursing Home Care Act, the | 17 | | Specialized Mental Health Rehabilitation Act, or the ID/DD | 18 | | Community Care Act shall obstruct an officer or other person | 19 | | making service in compliance with this Section.
| 20 | | (b) The officer, in his or her certificate or in a record | 21 | | filed and
maintained in the Sheriff's office, or other person | 22 | | making service, in
his or her affidavit or in a record filed | 23 | | and maintained in his or her
employer's
office, shall (1) | 24 | | identify as to sex, race, and approximate age the
defendant or | 25 | | other person with whom the summons was left and (2) state
the | 26 | | place where (whenever possible in terms of an exact street |
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| 1 | | address)
and the date and time of the day when the summons was | 2 | | left with the
defendant or other person.
| 3 | | (c) Any person who knowingly sets forth in the certificate | 4 | | or
affidavit any false statement, shall be liable in civil | 5 | | contempt. When
the court holds a person in civil contempt under | 6 | | this Section, it shall
award such damages as it determines to | 7 | | be just and, when the
contempt is
prosecuted by a private | 8 | | attorney, may award reasonable attorney's fees.
| 9 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 10 | | eff. 1-1-12; 97-813, eff. 7-13-12.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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