Sen. John G. Mulroe

Filed: 3/7/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1724 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5adding Section 2-214 as follows:
6    (735 ILCS 5/2-214 new)
7    Sec. 2-214. Service of process on parties that use a post
8office box.
9    (a) If a person, corporation, or agent or officer of a
10corporation uses a post office box as a principal mailing
11address, the court may enter an order allowing service of
12process by having a person authorized to serve process under
13Section 2-202 of this Code mail a copy of the process via both
14regular and certified mail.
15    (b) Before an order may be entered allowing service of
16process in the manner provided under this Section:



09800SB1724sam001- 2 -LRB098 06630 HEP 42380 a

1        (1) a petition asking for leave to serve process as
2    provided in this Section shall be filed, and shall have
3    attached to it an affidavit, executed by the person
4    authorized to serve process, confirming that (i) the
5    person, corporation, or agent or officer of the corporation
6    uses a post office box as a principal mailing address; and
7    (ii) the person serving the process has been unable to
8    serve process by other means; and
9        (2) the court shall consider whether service as
10    provided in this Section will result in substantial justice
11    to the parties, taking into account the following:
12            (A) evidence of a fraudulent business address of
13        the party to be served;
14            (B) repeated unsuccessful attempts to locate the
15        party to be served;
16            (C) repeated unsuccessful attempts to accomplish
17        service of process;
18            (D) the nature of the case; and
19            (E) any other factor the court deems relevant.".