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90_SB1336
735 ILCS 5/2-209 from Ch. 110, par. 2-209
Amends the Code of Civil Procedure. Makes a stylistic
change concerning torts.
LRB9010353WHmg
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1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 2-209.
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 2-209 as follows:
7 (735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
8 Sec. 2-209. Act submitting to jurisdiction - Process.
9 (a) Any person, whether or not a citizen or resident of
10 this State, who in person or through an agent does any of the
11 acts hereinafter enumerated, thereby submits such person,
12 and, if an individual, his or her personal representative, to
13 the jurisdiction of the courts of this State as to any cause
14 of action arising from the doing of any of such acts:
15 (1) The transaction of any business within this
16 State;
17 (2) The commission of a tortious act within the
18 this State of Illinois;
19 (3) The ownership, use, or possession of any real
20 estate situated in this State;
21 (4) Contracting to insure any person, property or
22 risk located within this State at the time of
23 contracting;
24 (5) With respect to actions of dissolution of
25 marriage, declaration of invalidity of marriage and legal
26 separation, the maintenance in this State of a
27 matrimonial domicile at the time this cause of action
28 arose or the commission in this State of any act giving
29 rise to the cause of action;
30 (6) With respect to actions brought under the
31 Illinois Parentage Act of 1984, as now or hereafter
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1 amended, the performance of an act of sexual intercourse
2 within this State during the possible period of
3 conception;
4 (7) The making or performance of any contract or
5 promise substantially connected with this State;
6 (8) The performance of sexual intercourse within
7 this State which is claimed to have resulted in the
8 conception of a child who resides in this State;
9 (9) The failure to support a child, spouse or
10 former spouse who has continued to reside in this State
11 since the person either formerly resided with them in
12 this State or directed them to reside in this State;
13 (10) The acquisition of ownership, possession or
14 control of any asset or thing of value present within
15 this State when ownership, possession or control was
16 acquired;
17 (11) The breach of any fiduciary duty within this
18 State;
19 (12) The performance of duties as a director or
20 officer of a corporation organized under the laws of this
21 State or having its principal place of business within
22 this State;
23 (13) The ownership of an interest in any trust
24 administered within this State; or
25 (14) The exercise of powers granted under the
26 authority of this State as a fiduciary.
27 (b) A court may exercise jurisdiction in any action
28 arising within or without this State against any person who:
29 (1) Is a natural person present within this State
30 when served;
31 (2) Is a natural person domiciled or resident
32 within this State when the cause of action arose, the
33 action was commenced, or process was served;
34 (3) Is a corporation organized under the laws of
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1 this State; or
2 (4) Is a natural person or corporation doing
3 business within this State.
4 (c) A court may also exercise jurisdiction on any other
5 basis now or hereafter permitted by the Illinois Constitution
6 and the Constitution of the United States.
7 (d) Service of process upon any person who is subject to
8 the jurisdiction of the courts of this State, as provided in
9 this Section, may be made by personally serving the summons
10 upon the defendant outside this State, as provided in this
11 Act, with the same force and effect as though summons had
12 been personally served within this State.
13 (e) Service of process upon any person who resides or
14 whose business address is outside the United States and who
15 is subject to the jurisdiction of the courts of this State,
16 as provided in this Section, in any action based upon product
17 liability may be made by serving a copy of the summons with a
18 copy of the complaint attached upon the Secretary of State.
19 The summons shall be accompanied by a $5 fee payable to the
20 Secretary of State. The plaintiff shall forthwith mail a
21 copy of the summons, upon which the date of service upon the
22 Secretary is clearly shown, together with a copy of the
23 complaint to the defendant at his or her last known place of
24 residence or business address. Plaintiff shall file with the
25 circuit clerk an affidavit of the plaintiff or his or her
26 attorney stating the last known place of residence or the
27 last known business address of the defendant and a
28 certificate of mailing a copy of the summons and complaint to
29 the defendant at such address as required by this subsection
30 (e). The certificate of mailing shall be prima facie
31 evidence that the plaintiff or his or her attorney mailed a
32 copy of the summons and complaint to the defendant as
33 required. Service of the summons shall be deemed to have been
34 made upon the defendant on the date it is served upon the
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1 Secretary and shall have the same force and effect as though
2 summons had been personally served upon the defendant within
3 this State.
4 (f) Only causes of action arising from acts enumerated
5 herein may be asserted against a defendant in an action in
6 which jurisdiction over him or her is based upon subsection
7 (a).
8 (g) Nothing herein contained limits or affects the right
9 to serve any process in any other manner now or hereafter
10 provided by law.
11 (Source: P.A. 86-840.)