Full Text of HB7042 93rd General Assembly
HB7042 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB7042
Introduced 02/09/04, by Lovana Jones SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-202 |
from Ch. 110, par. 2-202 |
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Amends the Code of Civil Procedure. Provides that, in counties with a population of more than 1,000,000 when process is to be served in a case in which a party is receiving child support enforcement services under Article X of the Illinois Public Aid Code, 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, Private
Security, and Locksmith Act of 2004 or by a registered
employee of a private detective
agency certified under that Act. Effective July 1, 2004.
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A BILL FOR
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HB7042 |
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LRB093 16890 LCB 42547 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 2-202 as follows:
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| (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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| Sec. 2-202. Persons authorized to serve process; Place of
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| service; Failure to make return.
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| (a) Process shall be served by a
sheriff, or if the sheriff | 10 |
| is disqualified, by a coroner of some county of the
State. A | 11 |
| sheriff of a county with a population of less than 1,000,000
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| may employ civilian personnel to serve process. In
counties | 13 |
| with a population of less than 1,000,000, and in counties with | 14 |
| a population of more than 1,000,000 when process is to be | 15 |
| served in a case in which a party is receiving child support | 16 |
| enforcement services under Article X of the Illinois Public Aid | 17 |
| Code, process may
be served, without special appointment, by a | 18 |
| person who is licensed or
registered as a private detective | 19 |
| under the Private Detective, Private
Alarm, Private
Security, | 20 |
| and Locksmith Act of 2004 or by a registered
employee of a | 21 |
| private detective
agency certified under that Act. A private | 22 |
| detective or licensed
employee must supply the sheriff of any | 23 |
| county in which he serves process
with a copy of his license or | 24 |
| certificate; however, the failure of a person
to supply the | 25 |
| copy shall not in any way impair the validity of process
served | 26 |
| by the person. The court may, in its discretion upon motion, | 27 |
| order
service to be made by a private person over 18 years of | 28 |
| age and not a party
to the action.
It is not necessary that | 29 |
| service be made by a sheriff or
coroner of the county in which | 30 |
| service is made. If served or sought to be
served by a sheriff | 31 |
| or coroner, he or she shall endorse his or her return
thereon, | 32 |
| and if by a private person the return shall be by affidavit.
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HB7042 |
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LRB093 16890 LCB 42547 b |
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| (a-5) Upon motion and in its discretion, the court may | 2 |
| appoint as a
special process
server a
private detective agency | 3 |
| certified under the Private Detective, Private Alarm,
Private
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| Security, and Locksmith Act of 2004. Under the appointment,
any | 5 |
| employee of
the
private detective agency who is registered | 6 |
| under that Act may serve the
process. The
motion and the order | 7 |
| of appointment must contain the number of the certificate
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| issued to
the private detective agency by the Department of | 9 |
| Professional Regulation under
the
Private Detective, Private | 10 |
| Alarm, Private Security, and Locksmith Act of
2004.
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| (b) Summons may be served upon the defendants wherever they | 12 |
| may be
found in the State, by any person authorized to serve | 13 |
| process. An officer
may serve summons in his or her official | 14 |
| capacity outside his or her county,
but fees for mileage | 15 |
| outside the county of the officer cannot be taxed
as costs. The | 16 |
| person serving the process in a foreign county may make
return | 17 |
| by mail.
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| (c) If any sheriff, coroner, or other person to whom any | 19 |
| process is
delivered, neglects or refuses to make return of the | 20 |
| same, the plaintiff
may petition the court to enter a rule | 21 |
| requiring the sheriff, coroner,
or other person, to make return | 22 |
| of the process on a day to be fixed by
the court, or to show | 23 |
| cause on that day why that person should not be attached
for | 24 |
| contempt of the court. The plaintiff shall then cause a written
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| notice of the rule to be served on the sheriff, coroner, or | 26 |
| other
person. If good and sufficient cause be not shown to | 27 |
| excuse the officer
or other person, the court shall adjudge him | 28 |
| or her guilty of a contempt, and
shall impose punishment as in | 29 |
| other cases of contempt.
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| (d) If process is served by a sheriff or coroner, the court | 31 |
| may tax
the fee of the sheriff or coroner as costs in the | 32 |
| proceeding. If process
is served by a private person or entity, | 33 |
| the court may establish a fee
therefor and tax such fee as | 34 |
| costs in the proceedings.
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| (e) In addition to the powers stated in Section 8.1a of the | 36 |
| Housing
Authorities Act, in counties with a population of |
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HB7042 |
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LRB093 16890 LCB 42547 b |
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| 3,000,000 or more
inhabitants,
members of a housing authority | 2 |
| police force may serve process for forcible
entry and detainer | 3 |
| actions commenced by that housing authority and may execute
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| orders of possession for that housing authority.
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| (f) In counties with a population of 3,000,000 or more, | 6 |
| process may be
served, with special appointment by the court,
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| by a private process server or
a law enforcement agency other | 8 |
| than the county sheriff
in proceedings instituted under the
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| Forcible Entry and Detainer Article of this Code as a result of | 10 |
| a lessor or
lessor's assignee declaring a lease void pursuant | 11 |
| to Section 11 of the
Controlled Substance and Cannabis Nuisance | 12 |
| Act.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| Section 99. Effective date. This Act takes effect on July | 15 |
| 1, 2004.
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