Bill Text: IL HB5290 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Code of Civil Procedure. Provides that in a county with a population of less than 2,000,000 (instead of 1,000,000), a sheriff may employ civilian personnel to serve process and that 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 certified private detective agency. Provides that for the security of a correctional facility or jail, a process server may be refused entry. Provides that each facility or jail shall establish a location for service of process. Provides that if a representative of a warden or sheriff accepts service of process for an inmate, the process shall be delivered to the inmate within one day, but no fine may be levied for the failure to do so. Provides that service may be refused if an inmate is not present in the facility or jail. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-08-20 - Public Act . . . . . . . . . 96-1451 [HB5290 Detail]

Download: Illinois-2009-HB5290-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-202 and by adding Section 2-203.2 as
follows:
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; Place of
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
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
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

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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
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.
(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
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
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.
(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
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.
(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.
(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
orders of possession for that housing authority.
(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other

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than the county sheriff in proceedings instituted under the
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.
(Source: P.A. 95-613, eff. 9-11-07.)
(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
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

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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.
Section 99. Effective date. This Act takes effect upon
becoming law.