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92_SB1759 LRB9214186WHcs 1 AN ACT concerning civil procedure. 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 mayshallbe served by a sheriff, or if the 10 sheriff is disqualified, by a coroner of some county of the 11 State. A sheriff of a county with a population of less than 12 1,000,000 may employ civilian personnel to serve process.In13counties with a population of less than 1,000,000,Process 14 may also be served, without special appointment, by a person 15 who is licensed or registered as a private detective under 16 the Private Detective, Private Alarm, Private Security, and 17 Locksmith Act of 1993 or by a registered employee of a 18 private detective agency certified under that Act. A private 19 detective or licensed employee must supply the sheriff of any 20 county in which he serves process with a copy of his license 21 or certificate; however, the failure of a person to supply 22 the copy shall not in any way impair the validity of process 23 served by the person. The court may, in its discretion upon 24 motion, order service to be made by a private person over 18 25 years of age and not a party to the action. It is not 26 necessary that service be made by a sheriff or coroner of the 27 county in which service is made. If served or sought to be 28 served by a sheriff or coroner, he or she shall endorse his 29 or her return thereon, and if by a private person the return 30 shall be by affidavit. 31 (a-5) Upon motion and in its discretion, the court may -2- LRB9214186WHcs 1 appoint as a special process server a private detective 2 agency certified under the Private Detective, Private Alarm, 3 Private Security, and Locksmith Act of 1993. Under the 4 appointment, any employee of the private detective agency who 5 is registered under that Act may serve the process. The 6 motion and the order of appointment must contain the number 7 of the certificate issued to the private detective agency by 8 the Department of Professional Regulation under the Private 9 Detective, Private Alarm, Private Security, and Locksmith Act 10 of 1993. 11 (b) Summons may be served upon the defendants wherever 12 they may be found in the State, by any person authorized to 13 serve process. An officer may serve summons in his or her 14 official capacity outside his or her county, but fees for 15 mileage outside the county of the officer cannot be taxed as 16 costs. The person serving the process in a foreign county may 17 make return by mail. 18 (c) If any sheriff, coroner, or other person to whom any 19 process is delivered, neglects or refuses to make return of 20 the same, the plaintiff may petition the court to enter a 21 rule requiring the sheriff, coroner, or other person, to make 22 return of the process on a day to be fixed by the court, or 23 to show cause on that day why that person should not be 24 attached for contempt of the court. The plaintiff shall then 25 cause a written notice of the rule to be served on the 26 sheriff, coroner, or other person. If good and sufficient 27 cause be not shown to excuse the officer or other person, the 28 court shall adjudge him or her guilty of a contempt, and 29 shall impose punishment as in other cases of contempt. 30 (d) If process is served by a sheriff or coroner, the 31 court may tax the fee of the sheriff or coroner as costs in 32 the proceeding. If process is served by a private person or 33 entity, the court may establish a fee therefor and tax such 34 fee as costs in the proceedings. -3- LRB9214186WHcs 1 (e) In addition to the powers stated in Section 8.1a of 2 the Housing Authorities Act, in counties with a population of 3 3,000,000 or more inhabitants, members of a housing authority 4 police force may serve process for forcible entry and 5 detainer actions commenced by that housing authority and may 6 execute orders of possession for that housing authority. 7 (f) In counties with a population of 3,000,000 or more, 8 process may be served, with special appointment by the court, 9 by a private process server or a law enforcement agency other 10 than the county sheriff in proceedings instituted under the 11 Forcible Entry and Detainer Article of this Code as a result 12 of a lessor or lessor's assignee declaring a lease void 13 pursuant to Section 11 of the Controlled Substance and 14 Cannabis Nuisance Act. 15 (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.