Full Text of HB5083 95th General Assembly
HB5083 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5083
Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-202 |
from Ch. 110, par. 2-202 |
735 ILCS 5/2-203 |
from Ch. 110, par. 2-203 |
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Amends the Code of Civil Procedure. Provides that in any county (instead of in counties with a population of less than 1,000,000), process may be served, without court appointment, by a licensed private detective or by a registered employee of a detective
agency. Provides that a private person appointed by the court to serve process shall not be appointed to serve process in more than 5 cases per calendar year. Provides that if a private person is appointed to serve process, the person shall describe the appointment on the return and state that he or she has not served process in more than 5 court cases that year. Provides that the fact that a person appointed to serve process in more than 5 court cases in a year shall not impair the validity of the process served by that person.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB5083 |
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LRB095 18742 AJO 45270 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 Sections 2-202 and 2-203 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 1,000,000
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| may employ civilian personnel to serve process. Process In
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| counties with a population of less than 1,000,000, process may
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| be served, without special appointment, by a person who is | 15 |
| licensed or
registered as a private detective under the Private | 16 |
| Detective, Private
Alarm, Private
Security, Fingerprint | 17 |
| Vendor, and Locksmith Act of 2004 or by a registered
employee | 18 |
| of a private detective
agency licensed certified under that | 19 |
| Act. A licensed private detective or registered licensed
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| employee must supply the sheriff of any county in which he | 21 |
| serves process
with a copy of his license or certificate; | 22 |
| however, the failure of a person
to supply the copy shall not | 23 |
| in any way impair the validity of process
served by the person. |
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HB5083 |
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LRB095 18742 AJO 45270 b |
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| The court may, in its discretion upon motion, order
service to | 2 |
| be made by a private person over 18 years of age and not a party
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| to the action ; however, no person appointed to serve process | 4 |
| under this subsection (a) shall be appointed in more than 5 | 5 |
| cases per calendar year . The fact that a person appointed to | 6 |
| serve process serves or attempts to serve process in more than | 7 |
| 5 court cases in a calendar year shall not in any way impair | 8 |
| the validity of process served by the person.
It is not | 9 |
| necessary that service be made by a sheriff or
coroner of the | 10 |
| 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 | 12 |
| her return
thereon, and if by a private person the return shall | 13 |
| be by affidavit.
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| (a-5) Upon motion and in its discretion, the court may | 15 |
| appoint as a
special process
server a
private detective agency | 16 |
| certified under the Private Detective, Private Alarm,
Private
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| Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 18 |
| the appointment,
any employee of
the
private detective agency | 19 |
| 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 | 21 |
| the certificate
issued to
the private detective agency by the | 22 |
| Department of Professional Regulation under
the
Private | 23 |
| Detective, Private Alarm, Private Security, Fingerprint | 24 |
| Vendor, and Locksmith Act of
2004.
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| (b) Summons may be served upon the defendants wherever they | 26 |
| may be
found in the State, by any person authorized to serve |
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HB5083 |
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LRB095 18742 AJO 45270 b |
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| process. An officer
may serve summons in his or her official | 2 |
| capacity outside his or her county,
but fees for mileage | 3 |
| outside the county of the officer cannot be taxed
as costs. The | 4 |
| person serving the process in a foreign county may make
return | 5 |
| by mail.
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| (c) If any sheriff, coroner, or other person to whom any | 7 |
| process is
delivered, neglects or refuses to make return of the | 8 |
| same, the plaintiff
may petition the court to enter a rule | 9 |
| requiring the sheriff, coroner,
or other person, to make return | 10 |
| of the process on a day to be fixed by
the court, or to show | 11 |
| cause on that day why that person should not be attached
for | 12 |
| 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 | 14 |
| other
person. If good and sufficient cause be not shown to | 15 |
| excuse the officer
or other person, the court shall adjudge him | 16 |
| or her guilty of a contempt, and
shall impose punishment as in | 17 |
| other cases of contempt.
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| (d) If process is served by a sheriff or coroner, the court | 19 |
| may tax
the fee of the sheriff or coroner as costs in the | 20 |
| proceeding. If process
is served by a private person or entity, | 21 |
| the court may establish a fee
therefor and tax such fee as | 22 |
| costs in the proceedings.
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| (e) In addition to the powers stated in Section 8.1a of the | 24 |
| Housing
Authorities Act, in counties with a population of | 25 |
| 3,000,000 or more
inhabitants,
members of a housing authority | 26 |
| police force may serve process for forcible
entry and detainer |
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LRB095 18742 AJO 45270 b |
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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. 95-613, eff. 9-11-07.)
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| (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
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| Sec. 2-203. Service on individuals.
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| (a) Except as otherwise expressly provided, service of | 15 |
| summons upon
an individual defendant shall be made (1) by | 16 |
| leaving a copy of the summons with
the defendant personally, | 17 |
| (2) by leaving a copy at the defendant's
usual place of
abode, | 18 |
| with some person of the family or a person residing there, of | 19 |
| the
age of 13 years or
upwards, and informing that person of | 20 |
| the contents of the summons, provided the
officer or other | 21 |
| person making service shall also send a copy of the
summons in | 22 |
| a sealed envelope with postage fully prepaid, addressed to
the | 23 |
| defendant at his or her usual place of abode, or (3) as | 24 |
| provided in
Section 1-2-9.2 of the Illinois Municipal Code with | 25 |
| respect to violation of an ordinance governing parking or
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| standing of vehicles in cities with a population over 500,000.
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| The certificate of the
officer or affidavit of the person that | 3 |
| he or she has sent the copy in
pursuance of this Section is | 4 |
| evidence that he or she has done so.
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| (b) The officer, in his or her certificate or in a record | 6 |
| filed and
maintained in the Sheriff's office, or other person | 7 |
| making service, in
his or her affidavit or in a record filed | 8 |
| and maintained in his or her
employer's
office, shall (1) | 9 |
| identify as to sex, race, and approximate age the
defendant or | 10 |
| other person with whom the summons was left and (2) state
the | 11 |
| place where (whenever possible in terms of an exact street | 12 |
| address)
and the date and time of the day when the summons was | 13 |
| left with the
defendant or other person. If service was made by | 14 |
| a licensed private detective or a registered employee of a | 15 |
| licensed private detective agency, the affidavit of service | 16 |
| shall clearly state that fact by including one of the following | 17 |
| statements: (1) "I am licensed by the Illinois Department of | 18 |
| Financial and Professional Regulation as a private detective"; | 19 |
| or (2) "I am a registered employee of a private detective | 20 |
| agency licensed by the Illinois Department of Financial and | 21 |
| Professional Regulation". If service was made by a private | 22 |
| person under special appointment by the court, the affidavit of | 23 |
| service shall state that fact by containing the following: "I | 24 |
| am a private person over the age of 18 years. I was appointed | 25 |
| to serve process in this case on (insert date) by (name of | 26 |
| judge). I have not been appointed to serve process within the |
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LRB095 18742 AJO 45270 b |
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| State of Illinois in more than five cases in this calender | 2 |
| year."
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| (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.
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| (Source: P.A. 88-340.)
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