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92_HB5076sam001
LRB9212134DJgcam01
1 AMENDMENT TO HOUSE BILL 5076
2 AMENDMENT NO. ___. Amend House Bill 5076 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Code of Civil Procedure is amended by
5 changing 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
8 service; Failure to make return.
9 (a) Process shall be served by a sheriff, or if the
10 sheriff is disqualified, by a coroner of some county of the
11 State. A sheriff of a county with a population of less than
12 1,000,000 may employ civilian personnel to serve process. In
13 counties with a population of less than 1,000,000, and in
14 counties with a population of 1,000,000 or more when process
15 is to be served in a case in which a party is receiving child
16 support enforcement services under Article X of the Illinois
17 Public Aid Code, process may be served, without special
18 appointment, by a person who is licensed or registered as a
19 private detective under the Private Detective, Private Alarm,
20 Private Security, and Locksmith Act of 1993 or by a
21 registered employee of a private detective agency certified
22 under that Act. A private detective or licensed employee
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1 must supply the sheriff of any county in which he serves
2 process with a copy of his license or certificate; however,
3 the failure of a person to supply the copy shall not in any
4 way impair the validity of process served by the person. The
5 court may, in its discretion upon motion, order service to be
6 made by a private person over 18 years of age and not a party
7 to the action. It is not necessary that service be made by a
8 sheriff or coroner of the county in which service is made. If
9 served or sought to be served by a sheriff or coroner, he or
10 she shall endorse his or her return thereon, and if by a
11 private person the return shall be by affidavit.
12 (a-5) Upon motion and in its discretion, the court may
13 appoint as a special process server a private detective
14 agency certified under the Private Detective, Private Alarm,
15 Private Security, and Locksmith Act of 1993. Under the
16 appointment, any employee of the private detective agency who
17 is registered under that Act may serve the process. The
18 motion and the order of appointment must contain the number
19 of the certificate issued to the private detective agency by
20 the Department of Professional Regulation under the Private
21 Detective, Private Alarm, Private Security, and Locksmith Act
22 of 1993.
23 (b) Summons may be served upon the defendants wherever
24 they may be found in the State, by any person authorized to
25 serve process. An officer may serve summons in his or her
26 official capacity outside his or her county, but fees for
27 mileage outside the county of the officer cannot be taxed as
28 costs. The person serving the process in a foreign county may
29 make return by mail.
30 (c) If any sheriff, coroner, or other person to whom any
31 process is delivered, neglects or refuses to make return of
32 the same, the plaintiff may petition the court to enter a
33 rule requiring the sheriff, coroner, or other person, to make
34 return of the process on a day to be fixed by the court, or
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1 to show cause on that day why that person should not be
2 attached for contempt of the court. The plaintiff shall then
3 cause a written notice of the rule to be served on the
4 sheriff, coroner, or other person. If good and sufficient
5 cause be not shown to excuse the officer or other person, the
6 court shall adjudge him or her guilty of a contempt, and
7 shall impose punishment as in other cases of contempt.
8 (d) If process is served by a sheriff or coroner, the
9 court may tax the fee of the sheriff or coroner as costs in
10 the proceeding. If process is served by a private person or
11 entity, the court may establish a fee therefor and tax such
12 fee as costs in the proceedings.
13 (e) In addition to the powers stated in Section 8.1a of
14 the Housing Authorities Act, in counties with a population of
15 3,000,000 or more inhabitants, members of a housing authority
16 police force may serve process for forcible entry and
17 detainer actions commenced by that housing authority and may
18 execute orders of possession for that housing authority.
19 (f) In counties with a population of 3,000,000 or more,
20 process may be served, with special appointment by the court,
21 by a private process server or a law enforcement agency other
22 than the county sheriff in proceedings instituted under the
23 Forcible Entry and Detainer Article of this Code as a result
24 of a lessor or lessor's assignee declaring a lease void
25 pursuant to Section 11 of the Controlled Substance and
26 Cannabis Nuisance Act.
27 (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)
28 Section 99. Effective date. This Act takes effect on July
29 1, 2002.".