Bill Text: IL HB4351 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Code of Civil Procedure. Removes language providing that process may be served by a person who is licensed or registered as a private detective or by a registered employee of a private detective agency in counties with a population of less than 2,000,000 (and instead allows process to be served in such a manner statewide). Provides that, in a county of 3,000,000 or more, any 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 and hired to serve process shall remit $5 of each service fee to the county sheriff.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2024-04-24 - Assigned to Judiciary [HB4351 Detail]
Download: Illinois-2023-HB4351-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-202 as follows:
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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 | matters where the county or State is an interested party, | ||||||
12 | process may be served by a special investigator appointed by | ||||||
13 | the State's Attorney of the county, as defined in Section | ||||||
14 | 3-9005 of the Counties Code. A sheriff of a county with a | ||||||
15 | population of less than 2,000,000 may employ civilian | ||||||
16 | personnel to serve process. Process In counties with a | ||||||
17 | population of less than 2,000,000, process may be served , | ||||||
18 | without special appointment, by a person who is licensed or | ||||||
19 | registered as a private detective under the Private Detective, | ||||||
20 | Private Alarm, Private Security, Fingerprint Vendor, and | ||||||
21 | Locksmith Act of 2004 or by a registered employee of a private | ||||||
22 | detective agency certified under that Act as defined in | ||||||
23 | Section (a-5) . A private detective or licensed employee must |
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1 | supply the sheriff of any county in which he serves process | ||||||
2 | with a copy of his license or certificate; however, the | ||||||
3 | failure of a person to supply the copy shall not in any way | ||||||
4 | impair the validity of process served by the person. The court | ||||||
5 | may, in its discretion upon motion, order service to be made by | ||||||
6 | a private person over 18 years of age and not a party to the | ||||||
7 | action. It is not necessary that service be made by a sheriff | ||||||
8 | or coroner of the county in which service is made. If served or | ||||||
9 | sought to be served by a sheriff or coroner, he or she shall | ||||||
10 | endorse his or her return thereon, and if by a private person | ||||||
11 | the return shall be by affidavit. In a county of 3,000,000 or | ||||||
12 | more, any person who is licensed or registered as a private | ||||||
13 | detective under the Private Detective, Private Alarm, Private | ||||||
14 | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by | ||||||
15 | a registered employee of a private detective agency certified | ||||||
16 | under that Act and hired to serve summons shall remit $5 of | ||||||
17 | each service fee to the county sheriff. | ||||||
18 | (a-5) Upon motion and in its discretion, the court may | ||||||
19 | appoint as a special process server a private detective agency | ||||||
20 | certified under the Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | ||||||
22 | the appointment, any employee of the private detective agency | ||||||
23 | who is registered under that Act may serve the process. The | ||||||
24 | motion and the order of appointment must contain the number of | ||||||
25 | the certificate issued to the private detective agency by the | ||||||
26 | Department of Professional Regulation under the Private |
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1 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
2 | Vendor, and Locksmith Act of 2004. A private detective or | ||||||
3 | private detective agency shall send, one time only, a copy of | ||||||
4 | his, her, or its individual private detective license or | ||||||
5 | private detective agency certificate to the county sheriff in | ||||||
6 | each county in which the detective or detective agency or his, | ||||||
7 | her, or its employees serve process, regardless of the size of | ||||||
8 | the population of the county. As long as the license or | ||||||
9 | certificate is valid and meets the requirements of the | ||||||
10 | Department of Financial and Professional Regulation, a new | ||||||
11 | copy of the current license or certificate need not be sent to | ||||||
12 | the sheriff. A private detective agency shall maintain a list | ||||||
13 | of its registered employees. Registered employees shall | ||||||
14 | consist of: | ||||||
15 | (1) an employee who works for the agency holding a | ||||||
16 | valid Permanent Employee Registration Card; | ||||||
17 | (2) a person who has applied for a Permanent Employee | ||||||
18 | Registration Card, has had his or her fingerprints | ||||||
19 | processed and cleared by the Illinois State Police and the | ||||||
20 | FBI, and as to whom the Department of Financial and | ||||||
21 | Professional Regulation website shows that the person's | ||||||
22 | application for a Permanent Employee Registration Card is | ||||||
23 | pending; | ||||||
24 | (3) a person employed by a private detective agency | ||||||
25 | who is exempt from a Permanent Employee Registration Card | ||||||
26 | requirement because the person is a current peace officer; |
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1 | and | ||||||
2 | (4) a private detective who works for a private | ||||||
3 | detective agency as an employee. | ||||||
4 | A detective agency shall maintain this list and forward it to | ||||||
5 | any sheriff's department that requests this list within 5 | ||||||
6 | business days after the receipt of the request. | ||||||
7 | (b) Summons may be served upon the defendants wherever | ||||||
8 | they may be found in the State, by any person authorized to | ||||||
9 | serve process. An officer may serve summons in his or her | ||||||
10 | official capacity outside his or her county, but fees for | ||||||
11 | mileage outside the county of the officer cannot be taxed as | ||||||
12 | costs. The person serving the process in a foreign county may | ||||||
13 | make return by mail. | ||||||
14 | (c) If any sheriff, coroner, or other person to whom any | ||||||
15 | process is delivered, neglects or refuses to make return of | ||||||
16 | the same, the plaintiff may petition the court to enter a rule | ||||||
17 | requiring the sheriff, coroner, or other person, to make | ||||||
18 | return of the process on a day to be fixed by the court, or to | ||||||
19 | show cause on that day why that person should not be attached | ||||||
20 | for contempt of the court. The plaintiff shall then cause a | ||||||
21 | written notice of the rule to be served on the sheriff, | ||||||
22 | coroner, or other person. If good and sufficient cause be not | ||||||
23 | shown to excuse the officer or other person, the court shall | ||||||
24 | adjudge him or her guilty of a contempt, and shall impose | ||||||
25 | punishment as in other cases of contempt. | ||||||
26 | (d) Except as provided in Sections 1-19, 3-17, 4-14, and |
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