94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0784


 
Introduced 2/2/2005, by Rep. Cynthia Soto
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/2-202
  from Ch. 110, par. 2-202







    Amends the Code of Civil Procedure.  Deletes language allowing civilian personnel to serve process in counties with a population of less than 1,000,000.  Provides that process may be served in any county without special appointment by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act (instead of just in counties with a population of less than 1,000,000).
















LRB094 03693 LCB 33698 b

















 


 


A BILL FOR









 











HB0784

LRB094 03693 LCB 33698 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 shall be served by a
sheriff, or if the sheriff 
10
is disqualified, by a coroner of some county of the
State.  In 
11
addition, process may be served,
A sheriff of a county with a 
12
population of less than 1,000,000
may employ civilian personnel 
13
to serve process.  In
counties with a population of less than 
14
1,000,000, process may
be served, without special appointment, 
15
by a person who is licensed or
registered as a private 
16
detective under the Private Detective, Private
Alarm,  Private

17
Security, and Locksmith Act of 2004 or by a registered
employee 
18
of a private detective
agency certified under that Act.  A 
19
private detective or licensed
employee must supply the sheriff 
20
of any county in which he serves process
with a copy of his 
21
license or certificate; however, the failure of a person
to 
22
supply the copy shall not in any way impair the validity of 
23
process
served by the person. The court may, in its discretion 
24
upon motion, order
service to be made by a private person over 
25
18 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 or 
29
her return
thereon, and if by a private person the return shall 
30
be by affidavit.

31
    (a-5) Upon motion and in its discretion, the court may 
32
appoint as a
special process
server a
private detective agency 
 


 






HB0784
- 2 -
LRB094 03693 LCB 33698 b




1
certified under the Private Detective, Private Alarm,
Private

2
Security, and Locksmith Act of 2004.  Under the appointment,
any 
3
employee of
the
private detective agency who is registered 
4
under that Act may serve the
process.  The
motion and the order 
5
of appointment must contain the number of the certificate

6
issued to
the private detective agency by the Department of 
7
Professional Regulation under
the
Private Detective, Private 
8
Alarm, Private Security, and Locksmith Act of
2004.

9
    (b) Summons may be served upon the defendants wherever they 
10
may be
found in the State, by any person authorized to serve 
11
process. An officer
may serve summons in his or her official 
12
capacity outside his or her county,
but fees for mileage 
13
outside the county of the officer cannot be taxed
as costs. The 
14
person serving the process in a foreign county may make
return 
15
by mail.

16
    (c) If any sheriff, coroner, or other person to whom any 
17
process is
delivered, neglects or refuses to make return of the 
18
same, the plaintiff
may petition the court to enter a rule 
19
requiring the sheriff, coroner,
or other person, to make return 
20
of the process on a day to be fixed by
the court, or to show 
21
cause on that day why that person should not be attached
for 
22
contempt of the court. The plaintiff shall then cause a written

23
notice of the rule to be served on the sheriff, coroner, or 
24
other
person. If good and sufficient cause be not shown to 
25
excuse the officer
or other person, the court shall adjudge him 
26
or her guilty of a contempt, and
shall impose punishment as in 
27
other cases of contempt.

28
    (d) If process is served by a sheriff or coroner, the court 
29
may tax
the fee of the sheriff or coroner as costs in the 
30
proceeding.  If process
is served by a private person or entity, 
31
the court may establish a fee
therefor and tax such fee as 
32
costs in the proceedings.

33
    (e) In addition to the powers stated in Section 8.1a of the 
34
Housing
Authorities Act, in counties with a population of 
35
3,000,000 or more
inhabitants,
members of a housing authority 
36
police force may serve process for forcible
entry and detainer 
 


 






HB0784
- 3 -
LRB094 03693 LCB 33698 b




1
actions commenced by that housing authority and may execute

2
orders of possession for that housing authority.

3
    (f) In counties with a population of 3,000,000 or more, 
4
process may be
served, with special appointment by the court,

5
by a private process server or
a law enforcement agency other 
6
than the county sheriff
in proceedings instituted under the

7
Forcible Entry and Detainer Article of this Code as a result of 
8
a lessor or
lessor's assignee declaring a lease void pursuant 
9
to Section 11 of the
Controlled Substance and Cannabis Nuisance 
10
Act.

11
(Source: P.A. 93-438, eff. 8-5-03.)