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| Public Act 097-0427 | ||||
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AN ACT concerning process servers.
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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 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
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may employ civilian personnel to serve process. In
counties | ||||
with a population of less than 2,000,000, 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 as | ||||
defined in Section (a-5). A private detective or licensed
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employee must supply the sheriff of any county in which he | ||||
serves process
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
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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
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. A private detective or | ||
private detective agency shall send, one time only, a copy of | ||
his, her, or its individual private detective license or | ||
private detective agency certificate to the county sheriff in | ||
each county in which the detective or detective agency or his, | ||
her, or its employees serve process, regardless of size of the | ||
population of the county. As long as the license or certificate | ||
is valid and meets the requirements of the Department of | ||
Financial and Professional Regulation, a new copy of the | ||
current license or certificate need not be sent to the sheriff. | ||
A private detective agency shall maintain a list of its | ||
registered employees. Registered employees shall consist of: | ||
(1) an employee who works for the agency holding a | ||
valid Permanent Employee Registration Card;
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(2) a person who has applied for a Permanent Employee | ||
Registration Card, has had his or her fingerprints | ||
processed and cleared by the Department of State Police and | ||
the FBI, and as to whom the Department of Financial and | ||
Professional Regulation website shows that the person's | ||
application for a Permanent Employee Registration Card is | ||
pending; | ||
(3) a person employed by a private detective agency who | ||
is exempt from a Permanent Employee Registration Card | ||
requirement because the person is a current peace officer; | ||
and | ||
(4) a private detective who works for a private | ||
detective agency as an employee.
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A detective agency shall maintain this list and forward it to | ||
any sheriff's department that requests this list within 5 | ||
business days after the receipt of the request. | ||
(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; 96-1451, eff. 8-20-10.)
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