State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB257 Enrolled                                 LRB9103546DJcd

 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Section 2-202.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Code  of Civil Procedure is amended by
 6    changing Section 2-202 as follows:

 7        (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
 8        Sec. 2-202. Persons authorized to serve process; Place of
 9    service; Failure to make return.
10        (a)  Process shall be served by  a  sheriff,  or  if  the
11    sheriff  is  disqualified, by a coroner of some county of the
12    State.  A sheriff of a county with a population of less  than
13    1,000,000 may employ civilian personnel to serve process.  In
14    counties  with  a  population of less than 1,000,000, process
15    may be served, without special appointment, by a  person  who
16    is  licensed  or  registered as a private detective under the
17    Private Detective, Private Alarm,  and Private Security,  and
18    Locksmith  Act  of 1993 1983 or by a registered employee of a
19    private detective agency certified under that Act.  A private
20    detective or licensed employee must supply the sheriff of any
21    county in which he serves process with a copy of his  license
22    or  certificate;  however,  the failure of a person to supply
23    the copy shall not in any way impair the validity of  process
24    served  by  the person. The court may, in its discretion upon
25    motion, order service to be made by a private person over  18
26    years  of  age  and  not  a  party  to  the action. It is not
27    necessary that service be made by a sheriff or coroner of the
28    county in which service is made. If served or  sought  to  be
29    served  by  a sheriff or coroner, he or she shall endorse his
30    or her return thereon, and if by a private person the  return
31    shall be by affidavit.
SB257 Enrolled              -2-                LRB9103546DJcd
 1        (a-5)  Upon  motion  and in its discretion, the court may
 2    appoint as a  special  process  server  a  private  detective
 3    agency  certified under the Private Detective, Private Alarm,
 4    Private Security, and  Locksmith  Act  of  1993.   Under  the
 5    appointment, any employee of the private detective agency who
 6    is  registered  under  that  Act  may serve the process.  The
 7    motion and the order of appointment must contain  the  number
 8    of  the certificate issued to the private detective agency by
 9    the Department of Professional Regulation under  the  Private
10    Detective, Private Alarm, Private Security, and Locksmith Act
11    of 1993.
12        (b)  Summons  may  be served upon the defendants wherever
13    they may be found in the State, by any person  authorized  to
14    serve  process.  An  officer  may serve summons in his or her
15    official capacity outside his or her  county,  but  fees  for
16    mileage  outside the county of the officer cannot be taxed as
17    costs. The person serving the process in a foreign county may
18    make return by mail.
19        (c)  If any sheriff, coroner, or other person to whom any
20    process is delivered, neglects or refuses to make  return  of
21    the  same,  the  plaintiff  may petition the court to enter a
22    rule requiring the sheriff, coroner, or other person, to make
23    return of the process on a day to be fixed by the  court,  or
24    to  show  cause  on  that  day  why that person should not be
25    attached for contempt of the court. The plaintiff shall  then
26    cause  a  written  notice  of  the  rule  to be served on the
27    sheriff, coroner, or other person.  If  good  and  sufficient
28    cause be not shown to excuse the officer or other person, the
29    court  shall  adjudge  him  or  her guilty of a contempt, and
30    shall impose punishment as in other cases of contempt.
31        (d)  If process is served by a sheriff  or  coroner,  the
32    court  may  tax the fee of the sheriff or coroner as costs in
33    the proceeding.  If process is served by a private person  or
34    entity,  the  court may establish a fee therefor and tax such
SB257 Enrolled              -3-                LRB9103546DJcd
 1    fee as costs in the proceedings.
 2        (e)  In addition to the powers stated in Section 8.1a  of
 3    the Housing Authorities Act, in counties with a population of
 4    3,000,000 or more inhabitants, members of a housing authority
 5    police  force  may  serve  process  for  forcible  entry  and
 6    detainer  actions commenced by that housing authority and may
 7    execute orders of possession for that housing authority.
 8        (f)  In counties with a population of 3,000,000 or  more,
 9    process may be served, with special appointment by the court,
10    by a private process server or a law enforcement agency other
11    than  the  county sheriff in proceedings instituted under the
12    Forcible Entry and Detainer Article of this Code as a  result
13    of  a  lessor  or  lessor's  assignee  declaring a lease void
14    pursuant to  Section  11  of  the  Controlled  Substance  and
15    Cannabis Nuisance Act.
16    (Source: P.A. 89-594, eff. 8-1-96; 90-557, eff. 6-1-98.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.

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