Illinois General Assembly - Full Text of Public Act 098-0966
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Public Act 098-0966





Public Act 098-0966
SB3286 EnrolledLRB098 19495 HEP 54670 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Civil Procedure is amended by
changing Section 2-203 as follows:
    (735 ILCS 5/2-203)  (from Ch. 110, par. 2-203)
    Sec. 2-203. Service on individuals.
    (a) Except as otherwise expressly provided, service of
summons upon an individual defendant shall be made (1) by
leaving a copy of the summons with the defendant personally,
(2) by leaving a copy at the defendant's usual place of abode,
with some person of the family or a person residing there, of
the age of 13 years or upwards, and informing that person of
the contents of the summons, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
defendant at his or her usual place of abode, or (3) as
provided in Section 1-2-9.2 of the Illinois Municipal Code with
respect to violation of an ordinance governing parking or
standing of vehicles in cities with a population over 500,000.
The certificate of the officer or affidavit of the person that
he or she has sent the copy in pursuance of this Section is
evidence that he or she has done so. No employee of a facility
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act shall obstruct an officer or other person
making service in compliance with this Section. An employee of
a gated residential community shall grant entry into the
community, including its common areas and common elements, to a
process server authorized under Section 2-202 of this Code who
is attempting to serve process on a defendant or witness who
resides within or is known to be within the community. As used
in this Section, "gated residential community" includes a
condominium association, housing cooperative, or private
    (b) The officer, in his or her certificate or in a record
filed and maintained in the Sheriff's office, or other person
making service, in his or her affidavit or in a record filed
and maintained in his or her employer's office, shall (1)
identify as to sex, race, and approximate age the defendant or
other person with whom the summons was left and (2) state the
place where (whenever possible in terms of an exact street
address) and the date and time of the day when the summons was
left with the defendant or other person.
    (c) Any person who knowingly sets forth in the certificate
or affidavit any false statement, shall be liable in civil
contempt. When the court holds a person in civil contempt under
this Section, it shall award such damages as it determines to
be just and, when the contempt is prosecuted by a private
attorney, may award reasonable attorney's fees.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)

Effective Date: 1/1/2015