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90_SB0588
735 ILCS 5/2-202 from Ch. 110, par. 2-202
Amends the Civil Practice Article of the Code of Civil
Procedure. In the provision authorizing service of process
by a licensed or registered private detective or a registered
employee of a certified private detective agency, deletes the
phrase limiting application of the provision to counties
under 1,000,000. Effective immediately.
LRB9001404DJcd
LRB9001404DJcd
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 2-202.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-202 as follows:
7 (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
8 Sec. 2-202. Persons authorized to serve process; Place of
9 service; Failure to make return.
10 (a) Process shall be served by a sheriff, or if the
11 sheriff is disqualified, by a coroner of some county of the
12 State. A sheriff of a county with a population of less than
13 1,000,000 may employ civilian personnel to serve process. In
14 counties with a population of less than 1,000,000, Process
15 may be served, without special appointment, by a person who
16 is licensed or registered as a private detective under the
17 Private Detective, Private Alarm, and Private Security, and
18 Locksmith Act of 1993 1983 or by a registered employee of a
19 private detective agency certified under that Act. A private
20 detective or licensed employee must supply the sheriff of any
21 county in which he serves process with a copy of his license
22 or certificate; however, the failure of a person to supply
23 the copy shall not in any way impair the validity of process
24 served by the person. The court may, in its discretion upon
25 motion, order service to be made by a private person over 18
26 years of age and not a party to the action. It is not
27 necessary that service be made by a sheriff or coroner of the
28 county in which service is made. If served or sought to be
29 served by a sheriff or coroner, he or she shall endorse his
30 or her return thereon, and if by a private person the return
31 shall be by affidavit.
-2- LRB9001404DJcd
1 (b) Summons may be served upon the defendants wherever
2 they may be found in the State, by any person authorized to
3 serve process. An officer may serve summons in his or her
4 official capacity outside his or her county, but fees for
5 mileage outside the county of the officer cannot be taxed as
6 costs. The person serving the process in a foreign county may
7 make return by mail.
8 (c) If any sheriff, coroner, or other person to whom any
9 process is delivered, neglects or refuses to make return of
10 the same, the plaintiff may petition the court to enter a
11 rule requiring the sheriff, coroner, or other person, to make
12 return of the process on a day to be fixed by the court, or
13 to show cause on that day why that person should not be
14 attached for contempt of the court. The plaintiff shall then
15 cause a written notice of the rule to be served on the
16 sheriff, coroner, or other person. If good and sufficient
17 cause be not shown to excuse the officer or other person, the
18 court shall adjudge him or her guilty of a contempt, and
19 shall impose punishment as in other cases of contempt.
20 (d) If process is served by a sheriff or coroner, the
21 court may tax the fee of the sheriff or coroner as costs in
22 the proceeding. If process is served by a private person or
23 entity, the court may establish a fee therefor and tax such
24 fee as costs in the proceedings.
25 (e) In addition to the powers stated in Section 8.1a of
26 the Housing Authorities Act, in counties with a population of
27 3,000,000 or more inhabitants, members of a housing authority
28 police force may serve process for forcible entry and
29 detainer actions commenced by that housing authority and may
30 execute orders of possession for that housing authority.
31 (Source: P.A. 89-594, eff. 8-1-96.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.