[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0095
SB257 Enrolled LRB9103546DJcd
AN ACT to amend the Code of Civil Procedure by changing
Section 2-202.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-202 as follows:
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; Place of
service; Failure to make return.
(a) Process shall be served by a sheriff, or if the
sheriff is disqualified, by a coroner of some county of the
State. A sheriff of a county with a population of less than
1,000,000 may employ civilian personnel to serve process. In
counties with a population of less than 1,000,000, process
may be served, without special appointment, by a person who
is licensed or registered as a private detective under the
Private Detective, Private Alarm, and Private Security, and
Locksmith Act of 1993 1983 or by a registered employee of a
private detective agency certified under that Act. A private
detective or licensed employee must supply the sheriff of any
county in which he serves process with a copy of his license
or certificate; however, the failure of a person to supply
the copy shall not in any way impair the validity of process
served by the person. The court may, in its discretion upon
motion, order service to be made by a private person over 18
years of age and not a party to the action. It is not
necessary that service be made by a sheriff or coroner of the
county in which service is made. If served or sought to be
served by a sheriff or coroner, he or she shall endorse his
or her return thereon, and if by a private person the return
shall be by affidavit.
(a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective
agency certified under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993. Under the
appointment, any employee of the private detective agency who
is registered under that Act may serve the process. The
motion and the order of appointment must contain the number
of the certificate issued to the private detective agency by
the Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, and Locksmith Act
of 1993.
(b) Summons may be served upon the defendants wherever
they may be found in the State, by any person authorized to
serve process. An officer may serve summons in his or her
official capacity outside his or her county, but fees for
mileage outside the county of the officer cannot be taxed as
costs. The person serving the process in a foreign county may
make return by mail.
(c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of
the same, the plaintiff may petition the court to enter a
rule requiring the sheriff, coroner, or other person, to make
return of the process on a day to be fixed by the court, or
to show cause on that day why that person should not be
attached for contempt of the court. The plaintiff shall then
cause a written notice of the rule to be served on the
sheriff, coroner, or other person. If good and sufficient
cause be not shown to excuse the officer or other person, the
court shall adjudge him or her guilty of a contempt, and
shall impose punishment as in other cases of contempt.
(d) If process is served by a sheriff or coroner, the
court may tax the fee of the sheriff or coroner as costs in
the proceeding. If process is served by a private person or
entity, the court may establish a fee therefor and tax such
fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of
the Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for forcible entry and
detainer actions commenced by that housing authority and may
execute orders of possession for that housing authority.
(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under the
Forcible Entry and Detainer Article of this Code as a result
of a lessor or lessor's assignee declaring a lease void
pursuant to Section 11 of the Controlled Substance and
Cannabis Nuisance Act.
(Source: P.A. 89-594, eff. 8-1-96; 90-557, eff. 6-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]