Bill Text: IL HB1460 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Criminal Code of 1961. Creates the offense of false personation of a peace officer while serving process. Provides that a person commits the offense when he or she, not being a peace officer, knowingly wears a coat, hat, or other clothing while serving process that reasonably creates the impression that the person is a peace officer. Amends the Code of Civil Procedure. With respect to the requirement that a person who is a licensed or registered private detective or a registered employee of a private detective agency must supply the sheriff of any county in which the person serves process with a copy of the person's license or certificate, deletes language providing that the failure of a person to supply a copy of the license or certificate to the sheriff does not impair the validity of process served by the person. In a provision that allows a court to appoint a certified private detective agency as a special process server, deletes language allowing any employee of the private detective agency to serve the process under the appointment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB1460 Detail]
Download: Illinois-2011-HB1460-Introduced.html
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1 | AN ACT concerning process servers.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||||||||||||||||||||||
5 | Section 32-5.2-6 as follows:
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6 | (720 ILCS 5/32-5.2-6 new) | ||||||||||||||||||||||||||
7 | Sec. 32-5.2-6. False personation of a peace officer while | ||||||||||||||||||||||||||
8 | serving process. | ||||||||||||||||||||||||||
9 | (a) A person commits false personation of a peace officer | ||||||||||||||||||||||||||
10 | while serving process when he or she, not being a peace | ||||||||||||||||||||||||||
11 | officer, knowingly wears a coat, hat, or other clothing while | ||||||||||||||||||||||||||
12 | serving process that reasonably creates the impression that the | ||||||||||||||||||||||||||
13 | person is a peace officer. | ||||||||||||||||||||||||||
14 | (b) Sentence. False personation of a peace officer while | ||||||||||||||||||||||||||
15 | serving process is a Class A misdemeanor.
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16 | Section 10. The Code of Civil Procedure is amended by | ||||||||||||||||||||||||||
17 | changing Section 2-202 as follows:
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18 | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
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19 | Sec. 2-202. Persons authorized to serve process; Place of
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20 | service; Failure to make return. | ||||||||||||||||||||||||||
21 | (a) Process shall be served by a
sheriff, or if the sheriff |
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1 | is disqualified, by a coroner of some county of the
State. A | ||||||
2 | sheriff of a county with a population of less than 2,000,000
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3 | may employ civilian personnel to serve process. In
counties | ||||||
4 | with a population of less than 2,000,000, process may
be | ||||||
5 | served, without special appointment, by a person who is | ||||||
6 | licensed or
registered as a private detective under the Private | ||||||
7 | Detective, Private
Alarm, Private
Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004 or by a registered
employee | ||||||
9 | of a private detective
agency certified under that Act. A | ||||||
10 | private detective or licensed
employee must supply the sheriff | ||||||
11 | of any county in which he serves process
with a copy of his | ||||||
12 | license or certificate ; however, the failure of a person
to | ||||||
13 | supply the copy shall not in any way impair the validity of | ||||||
14 | process
served by the person . The court may, in its discretion | ||||||
15 | upon motion, order
service to be made by a private person over | ||||||
16 | 18 years of age and not a party
to the action.
It is not | ||||||
17 | necessary that service be made by a sheriff or
coroner of the | ||||||
18 | county in which service is made. If served or sought to be
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19 | served by a sheriff or coroner, he or she shall endorse his or | ||||||
20 | her return
thereon, and if by a private person the return shall | ||||||
21 | be by affidavit.
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22 | (a-5) Upon motion and in its discretion, the court may | ||||||
23 | appoint as a
special process
server a
private detective agency | ||||||
24 | certified under the Private Detective, Private Alarm,
Private
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25 | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | ||||||
26 | the appointment,
any employee of
the
private detective agency |
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1 | who is registered under that Act may serve the
process. The
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2 | motion and the order of appointment must contain the number of | ||||||
3 | the certificate
issued to
the private detective agency by the | ||||||
4 | Department of Professional Regulation under
the
Private | ||||||
5 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
6 | Vendor, and Locksmith Act of
2004.
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7 | (b) Summons may be served upon the defendants wherever they | ||||||
8 | may be
found in the State, by any person authorized to serve | ||||||
9 | process. An officer
may serve summons in his or her official | ||||||
10 | capacity outside his or her county,
but fees for mileage | ||||||
11 | outside the county of the officer cannot be taxed
as costs. The | ||||||
12 | person serving the process in a foreign county may make
return | ||||||
13 | by mail.
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14 | (c) If any sheriff, coroner, or other person to whom any | ||||||
15 | process is
delivered, neglects or refuses to make return of the | ||||||
16 | same, the plaintiff
may petition the court to enter a rule | ||||||
17 | requiring the sheriff, coroner,
or other person, to make return | ||||||
18 | of the process on a day to be fixed by
the court, or to show | ||||||
19 | cause on that day why that person should not be attached
for | ||||||
20 | contempt of the court. The plaintiff shall then cause a written
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21 | notice of the rule to be served on the sheriff, coroner, or | ||||||
22 | other
person. If good and sufficient cause be not shown to | ||||||
23 | excuse the officer
or other person, the court shall adjudge him | ||||||
24 | or her guilty of a contempt, and
shall impose punishment as in | ||||||
25 | other cases of contempt.
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26 | (d) If process is served by a sheriff or coroner, the court |
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1 | may tax
the fee of the sheriff or coroner as costs in the | ||||||
2 | proceeding. If process
is served by a private person or entity, | ||||||
3 | the court may establish a fee
therefor and tax such fee as | ||||||
4 | costs in the proceedings.
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5 | (e) In addition to the powers stated in Section 8.1a of the | ||||||
6 | Housing
Authorities Act, in counties with a population of | ||||||
7 | 3,000,000 or more
inhabitants,
members of a housing authority | ||||||
8 | police force may serve process for forcible
entry and detainer | ||||||
9 | actions commenced by that housing authority and may execute
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10 | orders of possession for that housing authority.
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11 | (f) In counties with a population of 3,000,000 or more, | ||||||
12 | process may be
served, with special appointment by the court,
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13 | by a private process server or
a law enforcement agency other | ||||||
14 | than the county sheriff
in proceedings instituted under the
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15 | Forcible Entry and Detainer Article of this Code as a result of | ||||||
16 | a lessor or
lessor's assignee declaring a lease void pursuant | ||||||
17 | to Section 11 of the
Controlled Substance and Cannabis Nuisance | ||||||
18 | Act.
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19 | (Source: P.A. 95-613, eff. 9-11-07; 96-1451, eff. 8-20-10.)
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