Sen. Jacqueline Y. Collins

Filed: 4/11/2011

 

 


 

 


 
09700SB2069sam001LRB097 08453 AJO 54258 a

1
AMENDMENT TO SENATE BILL 2069

2    AMENDMENT NO. ______. Amend Senate Bill 2069 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing 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
8service; Failure to make return.
9    (a) Process shall be served by a sheriff, or if the sheriff
10is disqualified, by a coroner of some county of the State. A
11sheriff of a county with a population of less than 2,000,000
12may employ civilian personnel to serve process. In counties
13with a population of less than 2,000,000, process may be
14served, without special appointment, by a person who is
15licensed or registered as a private detective under the Private
16Detective, Private Alarm, Private Security, Fingerprint

 

 

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1Vendor, and Locksmith Act of 2004 or by a registered employee
2of a private detective agency certified under that Act as
3defined in Section (a-5). A private detective or licensed
4employee must supply the sheriff of any county in which he
5serves process with a copy of his license or certificate;
6however, the failure of a person to supply the copy shall not
7in any way impair the validity of process served by the person.
8The court may, in its discretion upon motion, order service to
9be made by a private person over 18 years of age and not a party
10to the action. It is not necessary that service be made by a
11sheriff or coroner of the county in which service is made. If
12served or sought to be served by a sheriff or coroner, he or
13she shall endorse his or her return thereon, and if by a
14private person the return shall be by affidavit.
15    (a-5) Upon motion and in its discretion, the court may
16appoint as a special process server a private detective agency
17certified under the Private Detective, Private Alarm, Private
18Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
19the appointment, any employee of the private detective agency
20who is registered under that Act may serve the process. The
21motion and the order of appointment must contain the number of
22the certificate issued to the private detective agency by the
23Department of Professional Regulation under the Private
24Detective, Private Alarm, Private Security, Fingerprint
25Vendor, and Locksmith Act of 2004. A private detective or
26private detective agency shall send, one time only, a copy of

 

 

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1his, her, or its individual private detective license or
2private detective agency certificate to the county sheriff in
3each county in which the detective or detective agency or his,
4her, or its employees serve process, regardless of size of the
5population of the county. As long as the license or certificate
6is valid and meets the requirements of the Department of
7Financial and Professional Regulation, a new copy of the
8current license or certificate need not be sent to the sheriff.
9A private detective agency shall maintain a list of its
10registered employees. Registered employees shall consist of:
11        (1) an employee who works for the agency holding a
12    valid Permanent Employee Registration Card;
13        (2) a person who has applied for a Permanent Employee
14    Registration Card, has had his or her fingerprints
15    processed and cleared by the Department of State Police and
16    the FBI, and as to whom the Department of Financial and
17    Professional Regulation website shows that the person's
18    application for a Permanent Employee Registration Card is
19    pending;
20        (3) a person employed by a private detective agency who
21    is exempt from a Permanent Employee Registration Card
22    requirement because the person is a current peace officer;
23    and
24        (4) a private detective who works for a private
25    detective agency as an employee.
26A detective agency shall maintain this list and forward it to

 

 

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1any sheriff's department that requests this list within 5
2business days after the receipt of the request.
3    (b) Summons may be served upon the defendants wherever they
4may be found in the State, by any person authorized to serve
5process. An officer may serve summons in his or her official
6capacity outside his or her county, but fees for mileage
7outside the county of the officer cannot be taxed as costs. The
8person serving the process in a foreign county may make return
9by mail.
10    (c) If any sheriff, coroner, or other person to whom any
11process is delivered, neglects or refuses to make return of the
12same, the plaintiff may petition the court to enter a rule
13requiring the sheriff, coroner, or other person, to make return
14of the process on a day to be fixed by the court, or to show
15cause on that day why that person should not be attached for
16contempt of the court. The plaintiff shall then cause a written
17notice of the rule to be served on the sheriff, coroner, or
18other person. If good and sufficient cause be not shown to
19excuse the officer or other person, the court shall adjudge him
20or her guilty of a contempt, and shall impose punishment as in
21other cases of contempt.
22    (d) If process is served by a sheriff or coroner, the court
23may tax the fee of the sheriff or coroner as costs in the
24proceeding. If process is served by a private person or entity,
25the court may establish a fee therefor and tax such fee as
26costs in the proceedings.

 

 

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1    (e) In addition to the powers stated in Section 8.1a of the
2Housing Authorities Act, in counties with a population of
33,000,000 or more inhabitants, members of a housing authority
4police force may serve process for forcible entry and detainer
5actions commenced by that housing authority and may execute
6orders of possession for that housing authority.
7    (f) In counties with a population of 3,000,000 or more,
8process may be served, with special appointment by the court,
9by a private process server or a law enforcement agency other
10than the county sheriff in proceedings instituted under the
11Forcible Entry and Detainer Article of this Code as a result of
12a lessor or lessor's assignee declaring a lease void pursuant
13to Section 11 of the Controlled Substance and Cannabis Nuisance
14Act.
15(Source: P.A. 95-613, eff. 9-11-07; 96-1451, eff. 8-20-10.)".