Illinois General Assembly - Full Text of HB4351
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Full Text of HB4351  103rd General Assembly


Rep. Jennifer Gong-Gershowitz

Filed: 3/4/2024





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2    AMENDMENT NO. ______. Amend House Bill 4351 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. In
11matters where the county or State is an interested party,
12process may be served by a special investigator appointed by
13the State's Attorney of the county, as defined in Section
143-9005 of the Counties Code. A sheriff of a county with a
15population of less than 2,000,000 may employ civilian
16personnel to serve process. Process In counties with a



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1population of less than 2,000,000, process may be served,
2without special appointment, by a person who is licensed or
3registered as a private detective under the Private Detective,
4Private Alarm, Private Security, Fingerprint Vendor, and
5Locksmith Act of 2004 or by a registered employee of a private
6detective agency certified under that Act as defined in
7Section (a-5). A private detective or licensed employee must
8supply the sheriff of any county in which he serves process
9with a copy of his license or certificate; however, the
10failure of a person to supply the copy shall not in any way
11impair the validity of process served by the person. The court
12may, in its discretion upon motion, order service to be made by
13a private person over 18 years of age and not a party to the
14action. It is not necessary that service be made by a sheriff
15or coroner of the county in which service is made. If served or
16sought to be served by a sheriff or coroner, he or she shall
17endorse his or her return thereon, and if by a private person
18the return shall be by affidavit. In a county of 3,000,000 or
19more, any person who is licensed or registered as a private
20detective under the Private Detective, Private Alarm, Private
21Security, Fingerprint Vendor, and Locksmith Act of 2004 or by
22a registered employee of a private detective agency certified
23under that Act and hired to serve process shall remit $5 of
24each service fee to the county sheriff.
25    (a-5) Upon motion and in its discretion, the court may
26appoint as a special process server a private detective agency



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1certified under the Private Detective, Private Alarm, Private
2Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
3the appointment, any employee of the private detective agency
4who is registered under that Act may serve the process. The
5motion and the order of appointment must contain the number of
6the certificate issued to the private detective agency by the
7Department of Professional Regulation under the Private
8Detective, Private Alarm, Private Security, Fingerprint
9Vendor, and Locksmith Act of 2004. A private detective or
10private detective agency shall send, one time only, a copy of
11his, her, or its individual private detective license or
12private detective agency certificate to the county sheriff in
13each county in which the detective or detective agency or his,
14her, or its employees serve process, regardless of the size of
15the population of the county. As long as the license or
16certificate is valid and meets the requirements of the
17Department of Financial and Professional Regulation, a new
18copy of the current license or certificate need not be sent to
19the sheriff. A private detective agency shall maintain a list
20of its registered employees. Registered employees shall
21consist of:
22        (1) an employee who works for the agency holding a
23    valid Permanent Employee Registration Card;
24        (2) a person who has applied for a Permanent Employee
25    Registration Card, has had his or her fingerprints
26    processed and cleared by the Illinois State Police and the



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1    FBI, and as to whom the Department of Financial and
2    Professional Regulation website shows that the person's
3    application for a Permanent Employee Registration Card is
4    pending;
5        (3) a person employed by a private detective agency
6    who is exempt from a Permanent Employee Registration Card
7    requirement because the person is a current peace officer;
8    and
9        (4) a private detective who works for a private
10    detective agency as an employee.
11A detective agency shall maintain this list and forward it to
12any sheriff's department that requests this list within 5
13business days after the receipt of the request.
14    (b) Summons may be served upon the defendants wherever
15they may be found in the State, by any person authorized to
16serve process. An officer may serve summons in his or her
17official capacity outside his or her county, but fees for
18mileage outside the county of the officer cannot be taxed as
19costs. The person serving the process in a foreign county may
20make return by mail.
21    (c) If any sheriff, coroner, or other person to whom any
22process is delivered, neglects or refuses to make return of
23the same, the plaintiff may petition the court to enter a rule
24requiring the sheriff, coroner, or other person, to make
25return of the process on a day to be fixed by the court, or to
26show cause on that day why that person should not be attached



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1for contempt of the court. The plaintiff shall then cause a
2written notice of the rule to be served on the sheriff,
3coroner, or other person. If good and sufficient cause be not
4shown to excuse the officer or other person, the court shall
5adjudge him or her guilty of a contempt, and shall impose
6punishment as in other cases of contempt.
7    (d) Except as provided in Sections 1-19, 3-17, 4-14, and
85-252 of the Juvenile Court Act of 1987, if process is served
9by a sheriff, coroner, or special investigator appointed by
10the State's Attorney, the court may tax the fee of the sheriff,
11coroner, or State's Attorney's special investigator as costs
12in the proceeding. If process is served by a private person or
13entity, the court may establish a fee therefor and tax such fee
14as costs in the proceedings.
15    (e) In addition to the powers stated in Section 8.1a of the
16Housing Authorities Act, in counties with a population of
173,000,000 or more inhabitants, members of a housing authority
18police force may serve process for eviction actions commenced
19by that housing authority and may execute eviction orders for
20that housing authority.
21    (f) In counties with a population of 3,000,000 or more,
22process may be served, with special appointment by the court,
23by a private process server or a law enforcement agency other
24than the county sheriff in proceedings instituted under
25Article IX of this Code as a result of a lessor or lessor's
26assignee declaring a lease void pursuant to Section 11 of the



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1Controlled Substance and Cannabis Nuisance Act.
2(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)".