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| Public Act 096-1451 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-202 and by adding Section 2-203.2 as | ||||
follows:
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(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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Sec. 2-202. Persons authorized to serve process; Place of
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service; Failure to make return. | ||||
(a) Process shall be served by a
sheriff, or if the sheriff | ||||
is disqualified, by a coroner of some county of the
State. A | ||||
sheriff of a county with a population of less than 2,000,000 | ||||
1,000,000
may employ civilian personnel to serve process. In
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counties with a population of less than 2,000,000 1,000,000, | ||||
process may
be served, without special appointment, by a person | ||||
who is licensed or
registered as a private detective under the | ||||
Private Detective, Private
Alarm, Private
Security, | ||||
Fingerprint Vendor, and Locksmith Act of 2004 or by a | ||||
registered
employee of a private detective
agency certified | ||||
under that Act. A private detective or licensed
employee must | ||||
supply the sheriff of any county in which he serves process
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with a copy of his license or certificate; however, the failure | ||||
of a person
to supply the copy shall not in any way impair the | ||||
validity of process
served by the person. The court may, in its | ||
discretion upon motion, order
service to be made by a private | ||
person over 18 years of age and not a party
to the action.
It is | ||
not necessary that service be made by a sheriff or
coroner of | ||
the county in which service is made. If served or sought to be
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served by a sheriff or coroner, he or she shall endorse his or | ||
her return
thereon, and if by a private person the return shall | ||
be by affidavit.
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(a-5) Upon motion and in its discretion, the court may | ||
appoint as a
special process
server a
private detective agency | ||
certified under the Private Detective, Private Alarm,
Private
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Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | ||
the appointment,
any employee of
the
private detective agency | ||
who is registered under that Act may serve the
process. The
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motion and the order of appointment must contain the number of | ||
the certificate
issued to
the private detective agency by the | ||
Department of Professional Regulation under
the
Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of
2004.
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(b) Summons may be served upon the defendants wherever they | ||
may be
found in the State, by any person authorized to serve | ||
process. An officer
may serve summons in his or her official | ||
capacity outside his or her county,
but fees for mileage | ||
outside the county of the officer cannot be taxed
as costs. The | ||
person serving the process in a foreign county may make
return | ||
by mail.
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(c) If any sheriff, coroner, or other person to whom any | ||
process is
delivered, neglects or refuses to make return of the | ||
same, the plaintiff
may petition the court to enter a rule | ||
requiring the sheriff, coroner,
or other person, to make return | ||
of the process on a day to be fixed by
the court, or to show | ||
cause on that day why that person should not be attached
for | ||
contempt of the court. The plaintiff shall then cause a written
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notice of the rule to be served on the sheriff, coroner, or | ||
other
person. If good and sufficient cause be not shown to | ||
excuse the officer
or other person, the court shall adjudge him | ||
or her guilty of a contempt, and
shall impose punishment as in | ||
other cases of contempt.
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(d) If process is served by a sheriff or coroner, the court | ||
may tax
the fee of the sheriff or coroner as costs in the | ||
proceeding. If process
is served by a private person or entity, | ||
the court may establish a fee
therefor and tax such fee as | ||
costs in the proceedings.
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(e) In addition to the powers stated in Section 8.1a of the | ||
Housing
Authorities Act, in counties with a population of | ||
3,000,000 or more
inhabitants,
members of a housing authority | ||
police force may serve process for forcible
entry and detainer | ||
actions commenced by that housing authority and may execute
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orders of possession for that housing authority.
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(f) In counties with a population of 3,000,000 or more, | ||
process may be
served, with special appointment by the court,
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by a private process server or
a law enforcement agency other | ||
than the county sheriff
in proceedings instituted under the
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Forcible Entry and Detainer Article of this Code as a result of | ||
a lessor or
lessor's assignee declaring a lease void pursuant | ||
to Section 11 of the
Controlled Substance and Cannabis Nuisance | ||
Act.
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(Source: P.A. 95-613, eff. 9-11-07.)
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(735 ILCS 5/2-203.2 new) | ||
Sec. 2-203.2. Service on an inmate. For the security of a | ||
correctional institution
or facility or jail, a process server | ||
may be refused entry into that correctional institution
or | ||
facility or jail. Each correctional institution or facility or | ||
jail shall designate a
representative to accept service from a | ||
licensed or registered private detective or agency for
purposes | ||
of effectuating service upon an inmate in the custody of the | ||
institution, facility,
or jail. With respect to an inmate | ||
incarcerated in an Illinois Department of Corrections
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facility, the process server shall contact the chief | ||
administrative officer in
advance to arrange and designate the | ||
time and date, during regularly scheduled business
hours, that | ||
the facility representative will meet with and accept service | ||
from the process
server. Service upon a warden's or sheriff's | ||
representative shall constitute substitute
service and a | ||
mailing to the inmate of the process shall be completed by the | ||
server in
accordance with Section 2-202. A warden's or | ||
sheriff's representative accepting
substitute service shall | ||
forward the process to the inmate, but if for any reason the | ||
process
is not forwarded to the inmate, the sheriff, sheriff's | ||
representative, warden, or warden's
representative shall not | ||
be responsible for any civil fine or penalty, or have other | ||
liability.
If for any reason an inmate is not in the | ||
correctional institution or facility or jail at the
time of the | ||
service of process, a warden's or sheriff's representative may | ||
refuse to accept
service for the inmate. If it is determined | ||
after the process has been left with the
designated | ||
representative, that the inmate is not present at that | ||
institution or facility or
jail, the designated representative | ||
shall promptly return it to the licensed or registered
private | ||
detective or agency, indicating that the substitute service | ||
could not be effectuated.
The process server shall promptly | ||
notify the court of the unsuccessful service.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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