Full Text of SB2722 95th General Assembly
SB2722eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 2-209 and 12-621 as follows:
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| (735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
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| Sec. 2-209. Act submitting to jurisdiction - Process.
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| (a) Any person,
whether or not a citizen or resident of | 9 |
| this State, who in person or
through an agent does any of the | 10 |
| acts hereinafter enumerated, thereby
submits such person, and, | 11 |
| if an individual, his or her personal
representative, to the | 12 |
| jurisdiction of the courts of this State as to any
cause of | 13 |
| action arising from the doing of any of such acts:
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| (1) The transaction of any business within this State;
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| (2) The commission of a tortious act within this State;
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| (3) The ownership, use, or possession of any real | 17 |
| estate situated in
this State;
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| (4) Contracting to insure any person, property or risk | 19 |
| located
within this State at the time of contracting;
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| (5) With respect to actions of dissolution of marriage, | 21 |
| declaration
of invalidity of marriage and legal
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| separation, the maintenance in this State of a matrimonial | 23 |
| domicile at the
time this cause of action arose or the |
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| commission in this State of any act
giving rise to the | 2 |
| cause of action;
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| (6) With respect to actions brought under the Illinois | 4 |
| Parentage Act
of 1984, as now or hereafter amended, the | 5 |
| performance of an act of sexual
intercourse within this | 6 |
| State during the possible period of conception;
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| (7) The making or performance of any contract or | 8 |
| promise
substantially connected with this State;
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| (8) The performance of sexual intercourse within this | 10 |
| State which is
claimed to have resulted in the conception | 11 |
| of a child who resides in this State;
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| (9) The failure to support a child, spouse or former | 13 |
| spouse who has
continued to reside in this State since the | 14 |
| person either formerly resided
with them in this State or | 15 |
| directed them to reside in this State;
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| (10) The acquisition of ownership, possession or | 17 |
| control of any asset
or thing of value present within this | 18 |
| State when ownership, possession or
control was acquired;
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| (11) The breach of any fiduciary duty within this | 20 |
| State;
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| (12) The performance of duties as a director or officer | 22 |
| of a
corporation organized under the laws of this State or | 23 |
| having its principal
place of business within this State;
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| (13) The ownership of an interest in any trust | 25 |
| administered within this State; or
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| (14) The exercise of powers granted under the authority |
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| of this State as a fiduciary.
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| (b) A court may exercise jurisdiction in any action arising | 3 |
| within or
without this State against any person who:
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| (1) Is a natural person present within this State when | 5 |
| served;
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| (2) Is a natural person domiciled or resident within | 7 |
| this State when
the cause of action arose, the action was | 8 |
| commenced, or process was served;
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| (3) Is a corporation organized under the laws of this | 10 |
| State; or
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| (4) Is a natural person or corporation doing business | 12 |
| within this State.
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| (b-5) Foreign defamation judgment. The courts of this State | 14 |
| shall have personal jurisdiction over any person who obtains a | 15 |
| judgment in a defamation proceeding outside the United States | 16 |
| against any person who is a resident of Illinois or, if not a | 17 |
| natural person, has its principal place of business in | 18 |
| Illinois, for the purposes of rendering declaratory relief with | 19 |
| respect to that resident's liability for the judgment, or for | 20 |
| the purpose of determining whether said judgment should be | 21 |
| deemed non-recognizable pursuant to this Code, to the fullest | 22 |
| extent permitted by the United States Constitution, provided: | 23 |
| (1) the publication at issue was published in
Illinois, | 24 |
| and | 25 |
| (2) that resident (i) has assets in Illinois which | 26 |
| might be used to satisfy the foreign defamation judgment, |
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| or (ii) may have to take actions in Illinois to comply with | 2 |
| the foreign defamation judgment. | 3 |
| The provisions of this subsection (b-5) shall apply to | 4 |
| persons who obtained judgments in defamation proceedings | 5 |
| outside the United States prior to, on, or after the effective | 6 |
| date of this amendatory Act of the 95th General Assembly. | 7 |
| (c) A court may also exercise jurisdiction on any other | 8 |
| basis now or
hereafter permitted by the Illinois Constitution | 9 |
| and the Constitution
of the United States.
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| (d) Service of process upon any person who is subject to | 11 |
| the
jurisdiction of the courts of this State, as provided in | 12 |
| this Section,
may be made by personally serving the summons | 13 |
| upon the defendant outside
this State, as provided in this Act, | 14 |
| with the same force and effect as
though summons had been | 15 |
| personally served within this State.
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| (e) Service of process upon any person who resides or whose | 17 |
| business
address is outside the United States and who is | 18 |
| subject to the jurisdiction
of the courts of this State, as | 19 |
| provided in this Section, in any action based
upon product | 20 |
| liability may be made by serving a copy of the summons with a | 21 |
| copy
of the complaint attached upon the Secretary of State. The | 22 |
| summons shall be
accompanied by a $5 fee payable to the | 23 |
| Secretary of State. The plaintiff
shall forthwith mail a copy | 24 |
| of the summons, upon which the date of service
upon the | 25 |
| Secretary is clearly shown, together with a copy of the | 26 |
| complaint
to the defendant at his or her last known place of |
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| residence or business
address. Plaintiff shall file with the | 2 |
| circuit clerk an affidavit of the
plaintiff or his or her | 3 |
| attorney stating the last known place of residence
or the last | 4 |
| known business address of the defendant and a certificate of
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| mailing a copy of the summons and complaint to the defendant at | 6 |
| such
address as required by this subsection (e). The | 7 |
| certificate of mailing
shall be prima facie evidence that the | 8 |
| plaintiff or his or her attorney
mailed a copy of the summons | 9 |
| and complaint to the defendant as required.
Service of the | 10 |
| summons shall be deemed to have been made upon the defendant
on | 11 |
| the date it is served upon the Secretary and shall have the | 12 |
| same force
and effect as though summons had been personally | 13 |
| served upon the defendant
within this State.
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| (f) Only causes of action arising from acts enumerated | 15 |
| herein may be
asserted against a defendant in an action in | 16 |
| which jurisdiction over him or
her is based upon subsection | 17 |
| (a).
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| (g) Nothing herein contained limits or affects the right to
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| serve any process in any other manner now or hereafter provided | 20 |
| by law.
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| (Source: P.A. 86-840.)
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| (735 ILCS 5/12-621) (from Ch. 110, par. 12-621)
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| Sec. 12-621. Inconclusiveness of judgments. (a) A foreign | 24 |
| judgment is
not conclusive if
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| (1) the judgment was rendered under a system which does not |
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| provide
impartial tribunals or procedures compatible with the | 2 |
| requirements of
due process of law;
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| (2) the foreign court did not have personal jurisdiction | 4 |
| over the
defendant; or
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| (3) the foreign court did not have jurisdiction over the | 6 |
| subject
matter.
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| (b) A foreign judgment need not be recognized if
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| (1) the defendant in the proceedings in the foreign court | 9 |
| did not
receive notice of the proceedings in sufficient time to | 10 |
| enable him or her to
defend;
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| (2) the judgment was obtained by fraud;
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| (3) the cause of action on which the judgment is based is | 13 |
| repugnant
to the public policy of this State;
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| (4) the judgment conflicts with another final and | 15 |
| conclusive
judgment;
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| (5) the proceeding in the foreign court was contrary to an | 17 |
| agreement
between the parties under which the dispute in | 18 |
| question was to be
settled otherwise than by proceedings in | 19 |
| that court; or
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| (6) in the case of jurisdiction based only on personal | 21 |
| service, the
foreign court was a seriously inconvenient forum | 22 |
| for the trial of the
action ; or
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| (7) the cause of action resulted in a defamation judgment | 24 |
| obtained in a jurisdiction outside the United States, unless a | 25 |
| court sitting in this State first determines that the | 26 |
| defamation law applied in the foreign jurisdiction provides at |
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| least as much protection for freedom of speech and the press as | 2 |
| provided for by both the United States and Illinois | 3 |
| Constitutions. | 4 |
| (Source: P.A. 82-280.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law. |
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