Illinois General Assembly - Full Text of HB2564
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Full Text of HB2564  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/15/2023, by Rep. Dave Vella


735 ILCS 5/2-203  from Ch. 110, par. 2-203

    Amends the Code of Civil Procedure. Provides that when the court holds a person in civil contempt for knowingly setting forth a false statement in a certificate or affidavit, the court shall award a minimum of $5,000 in damages plus any additional damages it determines to be just (rather than award such damages as it determines to be just).

LRB103 28885 LNS 55271 b





HB2564LRB103 28885 LNS 55271 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-203 as follows:
6    (735 ILCS 5/2-203)  (from Ch. 110, par. 2-203)
7    Sec. 2-203. Service on individuals.
8    (a) Except as otherwise expressly provided, service of
9summons upon an individual defendant shall be made (1) by
10leaving a copy of the summons with the defendant personally,
11(2) by leaving a copy at the defendant's usual place of abode,
12with some person of the family or a person residing there, of
13the age of 13 years or upwards, and informing that person of
14the contents of the summons, provided the officer or other
15person making service shall also send a copy of the summons in
16a sealed envelope with postage fully prepaid, addressed to the
17defendant at his or her usual place of abode, or (3) as
18provided in Section 1-2-9.2 of the Illinois Municipal Code
19with respect to violation of an ordinance governing parking or
20standing of vehicles in cities with a population over 500,000.
21The certificate of the officer or affidavit of the person that
22he or she has sent the copy in pursuance of this Section is
23evidence that he or she has done so. No employee of a facility



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1licensed under the Nursing Home Care Act, the Specialized
2Mental Health Rehabilitation Act of 2013, the ID/DD Community
3Care Act, or the MC/DD Act shall obstruct an officer or other
4person making service in compliance with this Section. An
5employee of a gated residential community shall grant entry
6into the community, including its common areas and common
7elements, to a process server authorized under Section 2-202
8of this Code who is attempting to serve process on a defendant
9or witness who resides within or is known to be within the
10community. As used in this Section, "gated residential
11community" includes a condominium association, housing
12cooperative, or private community.
13    (b) The officer, in his or her certificate or in a record
14filed and maintained in the Sheriff's office, or other person
15making service, in his or her affidavit or in a record filed
16and maintained in his or her employer's office, shall (1)
17identify as to sex, race, and approximate age the defendant or
18other person with whom the summons was left and (2) state the
19place where (whenever possible in terms of an exact street
20address) and the date and time of the day when the summons was
21left with the defendant or other person.
22    (c) Any person who knowingly sets forth in the certificate
23or affidavit any false statement, shall be liable in civil
24contempt. When the court holds a person in civil contempt
25under this Section, it shall award a minimum of $5,000 in
26damages plus any additional such damages as it determines to



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1be just and, when the contempt is prosecuted by a private
2attorney, may award reasonable attorney's fees.
3(Source: P.A. 98-104, eff. 7-22-13; 98-966, eff. 1-1-15;
499-180, eff. 7-29-15.)