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Public Act 095-0865


 

Public Act 0865 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0865
 
SB2722 Enrolled LRB095 05912 AJO 26004 b

    AN ACT concerning civil law.
 
    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 Sections 2-209 and 12-621 as follows:
 
    (735 ILCS 5/2-209)  (from Ch. 110, par. 2-209)
    Sec. 2-209. Act submitting to jurisdiction - Process.
    (a) Any person, whether or not a citizen or resident of
this State, who in person or through an agent does any of the
acts hereinafter enumerated, thereby submits such person, and,
if an individual, his or her personal representative, to the
jurisdiction of the courts of this State as to any cause of
action arising from the doing of any of such acts:
        (1) The transaction of any business within this State;
        (2) The commission of a tortious act within this State;
        (3) The ownership, use, or possession of any real
    estate situated in this State;
        (4) Contracting to insure any person, property or risk
    located within this State at the time of contracting;
        (5) With respect to actions of dissolution of marriage,
    declaration of invalidity of marriage and legal
    separation, the maintenance in this State of a matrimonial
    domicile at the time this cause of action arose or the
    commission in this State of any act giving rise to the
    cause of action;
        (6) With respect to actions brought under the Illinois
    Parentage Act of 1984, as now or hereafter amended, the
    performance of an act of sexual intercourse within this
    State during the possible period of conception;
        (7) The making or performance of any contract or
    promise substantially connected with this State;
        (8) The performance of sexual intercourse within this
    State which is claimed to have resulted in the conception
    of a child who resides in this State;
        (9) The failure to support a child, spouse or former
    spouse who has continued to reside in this State since the
    person either formerly resided with them in this State or
    directed them to reside in this State;
        (10) The acquisition of ownership, possession or
    control of any asset or thing of value present within this
    State when ownership, possession or control was acquired;
        (11) The breach of any fiduciary duty within this
    State;
        (12) The performance of duties as a director or officer
    of a corporation organized under the laws of this State or
    having its principal place of business within this State;
        (13) The ownership of an interest in any trust
    administered within this State; or
        (14) The exercise of powers granted under the authority
    of this State as a fiduciary.
    (b) A court may exercise jurisdiction in any action arising
within or without this State against any person who:
        (1) Is a natural person present within this State when
    served;
        (2) Is a natural person domiciled or resident within
    this State when the cause of action arose, the action was
    commenced, or process was served;
        (3) Is a corporation organized under the laws of this
    State; or
        (4) Is a natural person or corporation doing business
    within this State.
    (b-5) Foreign defamation judgment. The courts of this State
shall have personal jurisdiction over any person who obtains a
judgment in a defamation proceeding outside the United States
against any person who is a resident of Illinois or, if not a
natural person, has its principal place of business in
Illinois, for the purposes of rendering declaratory relief with
respect to that resident's liability for the judgment, or for
the purpose of determining whether said judgment should be
deemed non-recognizable pursuant to this Code, to the fullest
extent permitted by the United States Constitution, provided:
        (1) the publication at issue was published in Illinois,
    and
        (2) that resident (i) has assets in Illinois which
    might be used to satisfy the foreign defamation judgment,
    or (ii) may have to take actions in Illinois to comply with
    the foreign defamation judgment.
    The provisions of this subsection (b-5) shall apply to
persons who obtained judgments in defamation proceedings
outside the United States prior to, on, or after the effective
date of this amendatory Act of the 95th General Assembly.
    (c) A court may also exercise jurisdiction on any other
basis now or hereafter permitted by the Illinois Constitution
and the Constitution of the United States.
    (d) Service of process upon any person who is subject to
the jurisdiction of the courts of this State, as provided in
this Section, may be made by personally serving the summons
upon the defendant outside this State, as provided in this Act,
with the same force and effect as though summons had been
personally served within this State.
    (e) Service of process upon any person who resides or whose
business address is outside the United States and who is
subject to the jurisdiction of the courts of this State, as
provided in this Section, in any action based upon product
liability may be made by serving a copy of the summons with a
copy of the complaint attached upon the Secretary of State. The
summons shall be accompanied by a $5 fee payable to the
Secretary of State. The plaintiff shall forthwith mail a copy
of the summons, upon which the date of service upon the
Secretary is clearly shown, together with a copy of the
complaint to the defendant at his or her last known place of
residence or business address. Plaintiff shall file with the
circuit clerk an affidavit of the plaintiff or his or her
attorney stating the last known place of residence or the last
known business address of the defendant and a certificate of
mailing a copy of the summons and complaint to the defendant at
such address as required by this subsection (e). The
certificate of mailing shall be prima facie evidence that the
plaintiff or his or her attorney mailed a copy of the summons
and complaint to the defendant as required. Service of the
summons shall be deemed to have been made upon the defendant on
the date it is served upon the Secretary and shall have the
same force and effect as though summons had been personally
served upon the defendant within this State.
    (f) Only causes of action arising from acts enumerated
herein may be asserted against a defendant in an action in
which jurisdiction over him or her is based upon subsection
(a).
    (g) Nothing herein contained limits or affects the right to
serve any process in any other manner now or hereafter provided
by law.
(Source: P.A. 86-840.)
 
    (735 ILCS 5/12-621)  (from Ch. 110, par. 12-621)
    Sec. 12-621. Inconclusiveness of judgments. (a) A foreign
judgment is not conclusive if
    (1) the judgment was rendered under a system which does not
provide impartial tribunals or procedures compatible with the
requirements of due process of law;
    (2) the foreign court did not have personal jurisdiction
over the defendant; or
    (3) the foreign court did not have jurisdiction over the
subject matter.
    (b) A foreign judgment need not be recognized if
    (1) the defendant in the proceedings in the foreign court
did not receive notice of the proceedings in sufficient time to
enable him or her to defend;
    (2) the judgment was obtained by fraud;
    (3) the cause of action on which the judgment is based is
repugnant to the public policy of this State;
    (4) the judgment conflicts with another final and
conclusive judgment;
    (5) the proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in
question was to be settled otherwise than by proceedings in
that court; or
    (6) in the case of jurisdiction based only on personal
service, the foreign court was a seriously inconvenient forum
for the trial of the action; or .
    (7) the cause of action resulted in a defamation judgment
obtained in a jurisdiction outside the United States, unless a
court sitting in this State first determines that the
defamation law applied in the foreign jurisdiction provides at
least as much protection for freedom of speech and the press as
provided for by both the United States and Illinois
Constitutions.
(Source: P.A. 82-280.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2008