State of Illinois
91st General Assembly
Public Acts

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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.

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