Full Text of HB4351 103rd General Assembly
HB4351enr 103RD GENERAL ASSEMBLY | | | HB4351 Enrolled | | LRB103 36160 LNS 66252 b |
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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 2-202 as follows: | 6 | | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202) | 7 | | Sec. 2-202. Persons authorized to serve process; place of | 8 | | 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. In | 11 | | matters where the county or State is an interested party, | 12 | | process may be served by a special investigator appointed by | 13 | | the State's Attorney of the county, as defined in Section | 14 | | 3-9005 of the Counties Code. A sheriff of a county with a | 15 | | population of less than 2,000,000 may employ civilian | 16 | | personnel to serve process. Process In counties with a | 17 | | population of less than 2,000,000, process may be served , | 18 | | without special appointment, by a person who is licensed or | 19 | | registered as a private detective under the Private Detective, | 20 | | Private Alarm, Private Security, Fingerprint Vendor, and | 21 | | Locksmith Act of 2004 or by a registered employee of a private | 22 | | detective agency certified under that Act as defined in | 23 | | Section (a-5) . A private detective or licensed employee must |
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| 1 | | supply the sheriff of any county in which he serves process | 2 | | with a copy of his license or certificate; however, the | 3 | | failure of a person to supply the copy shall not in any way | 4 | | impair the validity of process served by the person. The court | 5 | | may, in its discretion upon motion, order service to be made by | 6 | | a private person over 18 years of age and not a party to the | 7 | | action. It is not necessary that service be made by a sheriff | 8 | | or coroner of the county in which service is made. If served or | 9 | | sought to be served by a sheriff or coroner, he or she shall | 10 | | endorse his or her return thereon, and if by a private person | 11 | | the return shall be by affidavit. In a county of 3,000,000 or | 12 | | more, any person who is licensed or registered as a private | 13 | | detective under the Private Detective, Private Alarm, Private | 14 | | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by | 15 | | a registered employee of a private detective agency certified | 16 | | under that Act and hired to serve summons shall remit $5 of | 17 | | each service fee to the county sheriff. | 18 | | (a-5) Upon motion and in its discretion, the court may | 19 | | appoint as a special process server a private detective agency | 20 | | certified under the Private Detective, Private Alarm, Private | 21 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 22 | | the appointment, any employee of the private detective agency | 23 | | who is registered under that Act may serve the process. The | 24 | | motion and the order of appointment must contain the number of | 25 | | the certificate issued to the private detective agency by the | 26 | | Department of Professional Regulation under the Private |
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| 1 | | Detective, Private Alarm, Private Security, Fingerprint | 2 | | Vendor, and Locksmith Act of 2004. A private detective or | 3 | | private detective agency shall send, one time only, a copy of | 4 | | his, her, or its individual private detective license or | 5 | | private detective agency certificate to the county sheriff in | 6 | | each county in which the detective or detective agency or his, | 7 | | her, or its employees serve process, regardless of the size of | 8 | | the population of the county. As long as the license or | 9 | | certificate is valid and meets the requirements of the | 10 | | Department of Financial and Professional Regulation, a new | 11 | | copy of the current license or certificate need not be sent to | 12 | | the sheriff. A private detective agency shall maintain a list | 13 | | of its registered employees. Registered employees shall | 14 | | consist of: | 15 | | (1) an employee who works for the agency holding a | 16 | | valid Permanent Employee Registration Card; | 17 | | (2) a person who has applied for a Permanent Employee | 18 | | Registration Card, has had his or her fingerprints | 19 | | processed and cleared by the Illinois State Police and the | 20 | | FBI, and as to whom the Department of Financial and | 21 | | Professional Regulation website shows that the person's | 22 | | application for a Permanent Employee Registration Card is | 23 | | pending; | 24 | | (3) a person employed by a private detective agency | 25 | | who is exempt from a Permanent Employee Registration Card | 26 | | requirement because the person is a current peace officer; |
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| 1 | | and | 2 | | (4) a private detective who works for a private | 3 | | detective agency as an employee. | 4 | | A detective agency shall maintain this list and forward it to | 5 | | any sheriff's department that requests this list within 5 | 6 | | business days after the receipt of the request. | 7 | | (b) Summons may be served upon the defendants wherever | 8 | | they may be found in the State, by any person authorized to | 9 | | serve process. An officer may serve summons in his or her | 10 | | official capacity outside his or her county, but fees for | 11 | | mileage outside the county of the officer cannot be taxed as | 12 | | costs. The person serving the process in a foreign county may | 13 | | make return 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 | 16 | | the same, the plaintiff may petition the court to enter a rule | 17 | | requiring the sheriff, coroner, or other person, to make | 18 | | return of the process on a day to be fixed by the court, or to | 19 | | show cause on that day why that person should not be attached | 20 | | for contempt of the court. The plaintiff shall then cause a | 21 | | written notice of the rule to be served on the sheriff, | 22 | | coroner, or other person. If good and sufficient cause be not | 23 | | shown to excuse the officer or other person, the court shall | 24 | | adjudge him or her guilty of a contempt, and shall impose | 25 | | punishment as in other cases of contempt. | 26 | | (d) Except as provided in Sections 1-19, 3-17, 4-14, and |
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| 1 | | 5-252 of the Juvenile Court Act of 1987, if process is served | 2 | | by a sheriff, coroner, or special investigator appointed by | 3 | | the State's Attorney, the court may tax the fee of the sheriff, | 4 | | coroner, or State's Attorney's special investigator as costs | 5 | | in the proceeding. If process is served by a private person or | 6 | | entity, the court may establish a fee therefor and tax such fee | 7 | | as costs in the proceedings. | 8 | | (e) In addition to the powers stated in Section 8.1a of the | 9 | | Housing Authorities Act, in counties with a population of | 10 | | 3,000,000 or more inhabitants, members of a housing authority | 11 | | police force may serve process for eviction actions commenced | 12 | | by that housing authority and may execute eviction orders for | 13 | | that housing authority. | 14 | | (f) In counties with a population of 3,000,000 or more, | 15 | | process may be served, with special appointment by the court, | 16 | | by a private process server or a law enforcement agency other | 17 | | than the county sheriff in proceedings instituted under | 18 | | Article IX of this Code as a result of a lessor or lessor's | 19 | | assignee declaring a lease void pursuant to Section 11 of the | 20 | | Controlled Substance and Cannabis Nuisance Act. | 21 | | (Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.) |
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