Full Text of SB2069 97th General Assembly
SB2069sam001 97TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 2069
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2069 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 sheriff | 10 | | is disqualified, by a coroner of some county of the
State. A | 11 | | sheriff of a county with a population of less than 2,000,000
| 12 | | may employ civilian personnel to serve process. In
counties | 13 | | with a population of less than 2,000,000, process may
be | 14 | | served, without special appointment, by a person who is | 15 | | licensed or
registered as a private detective under the Private | 16 | | Detective, Private
Alarm, Private
Security, Fingerprint |
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| 1 | | Vendor, and Locksmith Act of 2004 or by a registered
employee | 2 | | of a private detective
agency certified under that Act as | 3 | | defined in Section (a-5) . A private detective or licensed
| 4 | | employee must supply the sheriff of any county in which he | 5 | | serves process
with a copy of his license or certificate; | 6 | | however, the failure of a person
to supply the copy shall not | 7 | | in any way impair the validity of process
served by the person. | 8 | | The court may, in its discretion upon motion, order
service to | 9 | | be made by a private person over 18 years of age and not a party
| 10 | | to the action.
It is not necessary that service be made by a | 11 | | sheriff or
coroner of the county in which service is made. If | 12 | | served or sought to be
served by a sheriff or coroner, he or | 13 | | she shall endorse his or her return
thereon, and if by a | 14 | | private person the return shall be by affidavit.
| 15 | | (a-5) Upon motion and in its discretion, the court may | 16 | | appoint as a
special process
server a
private detective agency | 17 | | certified under the Private Detective, Private Alarm,
Private
| 18 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 19 | | the appointment,
any employee of
the
private detective agency | 20 | | who is registered under that Act may serve the
process. The
| 21 | | motion and the order of appointment must contain the number of | 22 | | the certificate
issued to
the private detective agency by the | 23 | | Department of Professional Regulation under
the
Private | 24 | | Detective, Private Alarm, Private Security, Fingerprint | 25 | | Vendor, and Locksmith Act of
2004. A private detective or | 26 | | private detective agency shall send, one time only, a copy of |
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| 1 | | his, her, or its individual private detective license or | 2 | | private detective agency certificate to the county sheriff in | 3 | | each county in which the detective or detective agency or his, | 4 | | her, or its employees serve process, regardless of size of the | 5 | | population of the county. As long as the license or certificate | 6 | | is valid and meets the requirements of the Department of | 7 | | Financial and Professional Regulation, a new copy of the | 8 | | current license or certificate need not be sent to the sheriff. | 9 | | A private detective agency shall maintain a list of its | 10 | | registered employees. Registered employees shall consist of: | 11 | | (1) an employee who works for the agency holding a | 12 | | valid Permanent Employee Registration Card;
| 13 | | (2) a person who has applied for a Permanent Employee | 14 | | Registration Card, has had his or her fingerprints | 15 | | processed and cleared by the Department of State Police and | 16 | | the FBI, and as to whom the Department of Financial and | 17 | | Professional Regulation website shows that the person's | 18 | | application for a Permanent Employee Registration Card is | 19 | | pending; | 20 | | (3) a person employed by a private detective agency who | 21 | | is exempt from a Permanent Employee Registration Card | 22 | | requirement because the person is a current peace officer; | 23 | | and | 24 | | (4) a private detective who works for a private | 25 | | detective agency as an employee.
| 26 | | A detective agency shall maintain this list and forward it to |
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| 1 | | any sheriff's department that requests this list within 5 | 2 | | business days after the receipt of the request. | 3 | | (b) Summons may be served upon the defendants wherever they | 4 | | may be
found in the State, by any person authorized to serve | 5 | | process. An officer
may serve summons in his or her official | 6 | | capacity outside his or her county,
but fees for mileage | 7 | | outside the county of the officer cannot be taxed
as costs. The | 8 | | person serving the process in a foreign county may make
return | 9 | | by mail.
| 10 | | (c) If any sheriff, coroner, or other person to whom any | 11 | | process is
delivered, neglects or refuses to make return of the | 12 | | same, the plaintiff
may petition the court to enter a rule | 13 | | requiring the sheriff, coroner,
or other person, to make return | 14 | | of the process on a day to be fixed by
the court, or to show | 15 | | cause on that day why that person should not be attached
for | 16 | | contempt of the court. The plaintiff shall then cause a written
| 17 | | notice of the rule to be served on the sheriff, coroner, or | 18 | | other
person. If good and sufficient cause be not shown to | 19 | | excuse the officer
or other person, the court shall adjudge him | 20 | | or her guilty of a contempt, and
shall impose punishment as in | 21 | | other cases of contempt.
| 22 | | (d) If process is served by a sheriff or coroner, the court | 23 | | may tax
the fee of the sheriff or coroner as costs in the | 24 | | proceeding. If process
is served by a private person or entity, | 25 | | the court may establish a fee
therefor and tax such fee as | 26 | | costs in the proceedings.
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| 1 | | (e) In addition to the powers stated in Section 8.1a of the | 2 | | 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 detainer | 5 | | actions commenced by that housing authority and may execute
| 6 | | 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 of | 12 | | a lessor or
lessor's assignee declaring a lease void pursuant | 13 | | to Section 11 of the
Controlled Substance and Cannabis Nuisance | 14 | | Act.
| 15 | | (Source: P.A. 95-613, eff. 9-11-07; 96-1451, eff. 8-20-10.)".
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