Rep. Jay Hoffman

Filed: 5/3/2019

 

 


 

 


 
10100SB1134ham001LRB101 06929 LNS 60217 a

1
AMENDMENT TO SENATE BILL 1134

2    AMENDMENT NO. ______. Amend Senate Bill 1134 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 2-206 as follows:
 
6    (735 ILCS 5/2-206)  (from Ch. 110, par. 2-206)
7    Sec. 2-206. Service by publication; affidavit; mailing;
8certificate.
9    (a) Whenever, in any action affecting property or status
10within the jurisdiction of the court, including an action to
11obtain the specific performance, reformation, or rescission of
12a contract for the conveyance of land, except for an action
13brought under Part 15 of Article XV of this Code that are
14subject to subsection (a-5), plaintiff or his or her attorney
15shall file, at the office of the clerk of the court in which
16the action is pending, an affidavit showing that the defendant

 

 

10100SB1134ham001- 2 -LRB101 06929 LNS 60217 a

1resides or has gone out of this State, or on due inquiry cannot
2be found, or is concealed within this State, so that process
3cannot be served upon him or her, and stating the place of
4residence of the defendant, if known, or that upon diligent
5inquiry his or her place of residence cannot be ascertained,
6the clerk shall cause publication to be made in some newspaper
7published in the county in which the action is pending. If
8there is no newspaper published in that county, then the
9publication shall be in a newspaper published in an adjoining
10county in this State, having a circulation in the county in
11which action is pending. The publication shall contain notice
12of the pendency of the action, the title of the court, the
13title of the case, showing the names of the first named
14plaintiff and the first named defendant, the number of the
15case, the names of the parties to be served by publication, and
16the date on or after which default may be entered against such
17party. The clerk shall also, within 10 days of the first
18publication of the notice, send a copy thereof by mail,
19addressed to each defendant whose place of residence is stated
20in such affidavit. The certificate of the clerk that he or she
21has sent the copy in pursuance of this Section is evidence that
22he or she has done so.
23    (a-5) If, in any action brought under Part 15 of Article XV
24of this Code, the plaintiff, or his or her attorney, shall
25file, at the office of the clerk of the court in which the
26action is pending, an affidavit showing that the defendant

 

 

10100SB1134ham001- 3 -LRB101 06929 LNS 60217 a

1resides outside of or has left this State, or on due inquiry
2cannot be found, or is concealed within this State so that
3process cannot be served upon him or her, and stating the place
4of residence of the defendant, if known, or that upon diligent
5inquiry his or her place of residence cannot be ascertained,
6the plaintiff, or his or her representative, shall cause
7publication to be made in some newspaper published in the
8county in which the action is pending. If there is no newspaper
9published in that county, then the publication shall be in a
10newspaper published in an adjoining county in this State,
11having a circulation in the county in which action is pending.
12The publication shall contain notice of the pendency of the
13action, the title of the court, the title of the case, showing
14the names of the first named plaintiff and the first named
15defendant, the number of the case, the names of the parties to
16be served by publication, and the date on or after which
17default may be entered against such party. It shall be the
18non-delegable duty of the clerk of the court, within 10 days of
19the first publication of the notice, to send a copy thereof by
20mail, addressed to each defendant whose place of residence is
21stated in such affidavit. The certificate of the clerk of the
22court that he or she has sent the copy in pursuance of this
23Section is evidence that he or she has done so.
24    (b) In any action brought by a unit of local government to
25cause the demolition, repair, or enclosure of a dangerous and
26unsafe or uncompleted or abandoned building, notice by

 

 

10100SB1134ham001- 4 -LRB101 06929 LNS 60217 a

1publication under this Section may be commenced during the time
2during which attempts are made to locate the defendant for
3personal service. In that case, the unit of local government
4shall file with the clerk an affidavit stating that the action
5meets the requirements of this subsection and that all required
6attempts are being made to locate the defendant. Upon the
7filing of the affidavit, the clerk shall cause publication to
8be made under this Section. Upon completing the attempts to
9locate the defendant required by this Section, the municipality
10shall file with the clerk an affidavit meeting the requirements
11of subsection (a). Service under this subsection shall not be
12deemed to have been made until the affidavit is filed and
13service by publication in the manner prescribed in subsection
14(a) is completed.
15(Source: P.A. 87-1276.)".