Bill Text: IL SB3286 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Civil Practice Law of the Code of Civil Procedure. Provides that a gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0966 [SB3286 Detail]
Download: Illinois-2013-SB3286-Engrossed.html
Bill Title: Amends the Civil Practice Law of the Code of Civil Procedure. Provides that a gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0966 [SB3286 Detail]
Download: Illinois-2013-SB3286-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-203 as follows:
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6 | (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
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7 | Sec. 2-203. Service on individuals.
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8 | (a) Except as otherwise expressly provided, service of | ||||||
9 | summons upon
an individual defendant shall be made (1) by | ||||||
10 | leaving a copy of the summons with
the defendant personally, | ||||||
11 | (2) by leaving a copy at the defendant's
usual place of
abode, | ||||||
12 | with some person of the family or a person residing there, of | ||||||
13 | the
age of 13 years or
upwards, and informing that person of | ||||||
14 | the contents of the summons, provided the
officer or other | ||||||
15 | person making service shall also send a copy of the
summons in | ||||||
16 | a sealed envelope with postage fully prepaid, addressed to
the | ||||||
17 | defendant at his or her usual place of abode, or (3) as | ||||||
18 | provided in
Section 1-2-9.2 of the Illinois Municipal Code with | ||||||
19 | respect to violation of an ordinance governing parking or
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20 | standing of vehicles in cities with a population over 500,000.
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21 | The certificate of the
officer or affidavit of the person that | ||||||
22 | he or she has sent the copy in
pursuance of this Section is | ||||||
23 | evidence that he or she has done so. No employee of a facility |
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1 | licensed under the Nursing Home Care Act, the Specialized | ||||||
2 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
3 | Community Care Act shall obstruct an officer or other person | ||||||
4 | making service in compliance with this Section. An employee of | ||||||
5 | a gated residential community shall grant entry into the | ||||||
6 | community, including its common areas and common elements, to a | ||||||
7 | process server authorized under Section 2-202 of this Code who | ||||||
8 | is attempting to serve process on a defendant or witness who | ||||||
9 | resides within or is known to be within the community. As used | ||||||
10 | in this Section, "gated residential community" includes a | ||||||
11 | condominium association, housing cooperative, or private | ||||||
12 | community.
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13 | (b) The officer, in his or her certificate or in a record | ||||||
14 | filed and
maintained in the Sheriff's office, or other person | ||||||
15 | making service, in
his or her affidavit or in a record filed | ||||||
16 | and maintained in his or her
employer's
office, shall (1) | ||||||
17 | identify as to sex, race, and approximate age the
defendant or | ||||||
18 | other person with whom the summons was left and (2) state
the | ||||||
19 | place where (whenever possible in terms of an exact street | ||||||
20 | address)
and the date and time of the day when the summons was | ||||||
21 | left with the
defendant or other person.
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22 | (c) Any person who knowingly sets forth in the certificate | ||||||
23 | or
affidavit any false statement, shall be liable in civil | ||||||
24 | contempt. When
the court holds a person in civil contempt under | ||||||
25 | this Section, it shall
award such damages as it determines to | ||||||
26 | be just and, when the
contempt is
prosecuted by a private |
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1 | attorney, may award reasonable attorney's fees.
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2 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
3 | eff. 7-13-12; 98-104, eff. 7-22-13.)
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