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Rep. Jay Hoffman
Filed: 5/3/2019
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| 1 | | AMENDMENT TO SENATE BILL 1134
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1134 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-206 as follows:
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| 6 | | (735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
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| 7 | | Sec. 2-206.
Service by publication; affidavit; mailing;
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| 8 | | certificate.
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| 9 | | (a) Whenever, in any action affecting property or status |
| 10 | | within the
jurisdiction of the court, including an action to |
| 11 | | obtain the specific
performance, reformation, or rescission of |
| 12 | | a contract for the conveyance
of land, except for an action |
| 13 | | brought under Part 15 of Article XV of this Code that are |
| 14 | | subject to subsection (a-5), plaintiff or his or her
attorney |
| 15 | | shall file, at the office of the clerk of the court in which
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| 16 | | the action is pending, an affidavit showing that the defendant |
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| 1 | | resides
or has gone out of this State, or on due inquiry cannot |
| 2 | | be found, or is
concealed within this State, so that process |
| 3 | | cannot be served upon him or her,
and stating the place of |
| 4 | | residence of the defendant, if known, or that
upon diligent |
| 5 | | inquiry his or her place of residence cannot be ascertained, |
| 6 | | the
clerk shall cause publication to be made in some newspaper |
| 7 | | published in
the county in which the action is pending. If |
| 8 | | there is no newspaper
published in that county, then the |
| 9 | | publication shall be in a newspaper
published in an adjoining |
| 10 | | county in this State, having a circulation in
the county in |
| 11 | | which action is pending. The publication shall contain
notice |
| 12 | | of the pendency of the action, the title of the court, the |
| 13 | | title
of the case, showing the names of the first named |
| 14 | | plaintiff and the
first named defendant, the number of the |
| 15 | | case, the names of the parties
to be served by publication, and |
| 16 | | the date on or after which default may
be entered against such |
| 17 | | party. The clerk shall also, within 10 days of the
first |
| 18 | | publication of the notice, send a copy thereof by mail, |
| 19 | | addressed
to each defendant whose place of residence is stated |
| 20 | | in such affidavit.
The certificate of the clerk that he or she |
| 21 | | has sent the copy in pursuance of
this Section is evidence that |
| 22 | | he or she has done so.
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| 23 | | (a-5) If, in any action brought under Part 15 of Article XV |
| 24 | | of this Code, the plaintiff, or his or her attorney, shall |
| 25 | | file, at the office of the clerk of the court in which the |
| 26 | | action is pending, an affidavit showing that the defendant |
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| 1 | | resides outside of or has left this State, or on due inquiry |
| 2 | | cannot be found, or is concealed within this State so that |
| 3 | | process cannot be served upon him or her, and stating the place |
| 4 | | of residence of the defendant, if known, or that upon diligent |
| 5 | | inquiry his or her place of residence cannot be ascertained, |
| 6 | | the plaintiff, or his or her representative, shall cause |
| 7 | | publication to be made in some newspaper published in the |
| 8 | | county in which the action is pending. If there is no newspaper |
| 9 | | published in that county, then the publication shall be in a |
| 10 | | newspaper published in an adjoining county in this State, |
| 11 | | having a circulation in the county in which action is pending. |
| 12 | | The publication shall contain notice of the pendency of the |
| 13 | | action, the title of the court, the title of the case, showing |
| 14 | | the names of the first named plaintiff and the first named |
| 15 | | defendant, the number of the case, the names of the parties to |
| 16 | | be served by publication, and the date on or after which |
| 17 | | default may be entered against such party. It shall be the |
| 18 | | non-delegable duty of the clerk of the court, within 10 days of |
| 19 | | the first publication of the notice, to send a copy thereof by |
| 20 | | mail, addressed to each defendant whose place of residence is |
| 21 | | stated in such affidavit. The certificate of the clerk of the |
| 22 | | court that he or she has sent the copy in pursuance of this |
| 23 | | Section is evidence that he or she has done so. |
| 24 | | (b) In any action brought by a unit of local government to |
| 25 | | cause the
demolition, repair, or enclosure of a dangerous and |
| 26 | | unsafe or uncompleted
or abandoned building, notice by |
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| 1 | | publication under this Section may be
commenced during the time |
| 2 | | during which attempts are made to locate the
defendant for |
| 3 | | personal service. In that case, the unit of local government
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| 4 | | shall file with the clerk an affidavit stating that the action |
| 5 | | meets the
requirements of this subsection and that all required |
| 6 | | attempts are being
made to locate the defendant. Upon the |
| 7 | | filing of the affidavit, the clerk
shall cause publication to |
| 8 | | be made under this Section. Upon completing the
attempts to |
| 9 | | locate the defendant required by this Section, the municipality
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| 10 | | shall file with the clerk an affidavit meeting the requirements |
| 11 | | of
subsection (a). Service under this subsection shall not be |
| 12 | | deemed to have
been made until the affidavit is filed and |
| 13 | | service by publication in the
manner prescribed in subsection |
| 14 | | (a) is completed.
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| 15 | | (Source: P.A. 87-1276.)".
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