093_HB1381

 
                                     LRB093 03874 WGH 03909 b

 1        AN ACT concerning civil procedure.

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

 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  may 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,  Process
14    may  also be served, without special appointment, by a person
15    who is licensed or registered as a  private  detective  under
16    the  Private Detective, Private Alarm,  Private Security, and
17    Locksmith Act of 1993  or  by  a  registered  employee  of  a
18    private detective agency certified under that Act.  A private
19    detective or licensed employee must supply the sheriff of any
20    county  in which he serves process with a copy of his license
21    or certificate; however, the failure of a  person  to  supply
22    the  copy shall not in any way impair the validity of process
23    served by the person. The court may, in its  discretion  upon
24    motion,  order service to be made by a private person over 18
25    years of age and not  a  party  to  the  action.  It  is  not
26    necessary that service be made by a sheriff or coroner of the
27    county  in  which  service is made. If served or sought to be
28    served by a sheriff or coroner, he or she shall  endorse  his
29    or  her return thereon, and if by a private person the return
30    shall be by affidavit.
31        (a-5)  Upon motion and in its discretion, the  court  may
 
                            -2-      LRB093 03874 WGH 03909 b
 1    appoint  as  a  special  process  server  a private detective
 2    agency certified under the Private Detective, Private  Alarm,
 3    Private  Security,  and  Locksmith  Act  of  1993.  Under the
 4    appointment, any employee of the private detective agency who
 5    is registered under that Act  may  serve  the  process.   The
 6    motion  and  the order of appointment must contain the number
 7    of the certificate issued to the private detective agency  by
 8    the  Department  of Professional Regulation under the Private
 9    Detective, Private Alarm, Private Security, and Locksmith Act
10    of 1993.
11        (b)  Summons may be served upon the  defendants  wherever
12    they  may  be found in the State, by any person authorized to
13    serve process. An officer may serve summons  in  his  or  her
14    official  capacity  outside  his  or her county, but fees for
15    mileage outside the county of the officer cannot be taxed  as
16    costs. The person serving the process in a foreign county may
17    make return by mail.
18        (c)  If any sheriff, coroner, or other person to whom any
19    process  is  delivered, neglects or refuses to make return of
20    the same, the plaintiff may petition the  court  to  enter  a
21    rule requiring the sheriff, coroner, or other person, to make
22    return  of  the process on a day to be fixed by the court, or
23    to show cause on that day  why  that  person  should  not  be
24    attached  for contempt of the court. The plaintiff shall then
25    cause a written notice of  the  rule  to  be  served  on  the
26    sheriff,  coroner,  or  other  person. If good and sufficient
27    cause be not shown to excuse the officer or other person, the
28    court shall adjudge him or her  guilty  of  a  contempt,  and
29    shall impose punishment as in other cases of contempt.
30        (d)  If  process  is  served by a sheriff or coroner, the
31    court may tax the fee of the sheriff or coroner as  costs  in
32    the  proceeding.  If process is served by a private person or
33    entity, the court may establish a fee therefor and  tax  such
34    fee as costs in the proceedings.
 
                            -3-      LRB093 03874 WGH 03909 b
 1        (e)  In  addition to the powers stated in Section 8.1a of
 2    the Housing Authorities Act, in counties with a population of
 3    3,000,000 or more inhabitants, members of a housing authority
 4    police  force  may  serve  process  for  forcible  entry  and
 5    detainer actions commenced by that housing authority and  may
 6    execute orders of possession for that housing authority.
 7        (f)  In  counties with a population of 3,000,000 or more,
 8    process may be served, with special appointment by the court,
 9    by a private process server or a law enforcement agency other
10    than the county sheriff in proceedings instituted  under  the
11    Forcible  Entry and Detainer Article of this Code as a result
12    of a lessor or  lessor's  assignee  declaring  a  lease  void
13    pursuant  to  Section  11  of  the  Controlled  Substance and
14    Cannabis Nuisance Act.
15    (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)

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