Illinois General Assembly - Full Text of SB3286
Illinois General Assembly

Previous General Assemblies

Full Text of SB3286  98th General Assembly

SB3286sam001 98TH GENERAL ASSEMBLY

Sen. Mike Jacobs

Filed: 3/4/2014

 

 


 

 


 
09800SB3286sam001LRB098 19495 HEP 56380 a

1
AMENDMENT TO SENATE BILL 3286

2    AMENDMENT NO. ______. Amend Senate Bill 3286 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09800SB3286sam001- 2 -LRB098 19495 HEP 56380 a

1defendant at his or her usual place of abode, or (3) as
2provided in Section 1-2-9.2 of the Illinois Municipal Code with
3respect to violation of an ordinance governing parking or
4standing of vehicles in cities with a population over 500,000.
5The certificate of the officer or affidavit of the person that
6he or she has sent the copy in pursuance of this Section is
7evidence that he or she has done so. No employee of a facility
8licensed under the Nursing Home Care Act, the Specialized
9Mental Health Rehabilitation Act of 2013, or the ID/DD
10Community Care Act shall obstruct an officer or other person
11making service in compliance with this Section. An employee of
12a gated residential community shall grant entry into the
13community, including its common areas and common elements, to a
14process server authorized under Section 2-202 of this Code who
15is attempting to serve process on a defendant or witness who
16resides within or is known to be within the community. As used
17in this Section, "gated residential community" includes a
18condominium association, housing cooperative, or private
19community.
20    (b) The officer, in his or her certificate or in a record
21filed and maintained in the Sheriff's office, or other person
22making service, in his or her affidavit or in a record filed
23and maintained in his or her employer's office, shall (1)
24identify as to sex, race, and approximate age the defendant or
25other person with whom the summons was left and (2) state the
26place where (whenever possible in terms of an exact street

 

 

09800SB3286sam001- 3 -LRB098 19495 HEP 56380 a

1address) and the date and time of the day when the summons was
2left with the defendant or other person.
3    (c) Any person who knowingly sets forth in the certificate
4or affidavit any false statement, shall be liable in civil
5contempt. When the court holds a person in civil contempt under
6this Section, it shall award such damages as it determines to
7be just and, when the contempt is prosecuted by a private
8attorney, may award reasonable attorney's fees.
9(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
10eff. 7-13-12; 98-104, eff. 7-22-13.)".