Illinois 2023-2024 Regular Session

Illinois House Bill HB2564 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2564 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-203 from Ch. 110, par. 2-203 Amends the Code of Civil Procedure. Provides that when the court holds a person in civil contempt for knowingly setting forth a false statement in a certificate or affidavit, the court shall award a minimum of $5,000 in damages plus any additional damages it determines to be just (rather than award such damages as it determines to be just). LRB103 28885 LNS 55271 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2564 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-203 from Ch. 110, par. 2-203 735 ILCS 5/2-203 from Ch. 110, par. 2-203 Amends the Code of Civil Procedure. Provides that when the court holds a person in civil contempt for knowingly setting forth a false statement in a certificate or affidavit, the court shall award a minimum of $5,000 in damages plus any additional damages it determines to be just (rather than award such damages as it determines to be just). LRB103 28885 LNS 55271 b LRB103 28885 LNS 55271 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2564 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/2-203 from Ch. 110, par. 2-203 735 ILCS 5/2-203 from Ch. 110, par. 2-203
4	4	735 ILCS 5/2-203 from Ch. 110, par. 2-203
5	5	Amends the Code of Civil Procedure. Provides that when the court holds a person in civil contempt for knowingly setting forth a false statement in a certificate or affidavit, the court shall award a minimum of $5,000 in damages plus any additional damages it determines to be just (rather than award such damages as it determines to be just).
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8	8	A BILL FOR
9	9	HB2564LRB103 28885 LNS 55271 b HB2564 LRB103 28885 LNS 55271 b
10	10	HB2564 LRB103 28885 LNS 55271 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 changing Section 2-203 as follows:
16	16	6 (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
17	17	7 Sec. 2-203. Service on individuals.
18	18	8 (a) Except as otherwise expressly provided, service of
19	19	9 summons upon an individual defendant shall be made (1) by
20	20	10 leaving a copy of the summons with the defendant personally,
21	21	11 (2) by leaving a copy at the defendant's usual place of abode,
22	22	12 with some person of the family or a person residing there, of
23	23	13 the age of 13 years or upwards, and informing that person of
24	24	14 the contents of the summons, provided the officer or other
25	25	15 person making service shall also send a copy of the summons in
26	26	16 a sealed envelope with postage fully prepaid, addressed to the
27	27	17 defendant at his or her usual place of abode, or (3) as
28	28	18 provided in Section 1-2-9.2 of the Illinois Municipal Code
29	29	19 with respect to violation of an ordinance governing parking or
30	30	20 standing of vehicles in cities with a population over 500,000.
31	31	21 The certificate of the officer or affidavit of the person that
32	32	22 he or she has sent the copy in pursuance of this Section is
33	33	23 evidence that he or she has done so. No employee of a facility
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2564 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/2-203 from Ch. 110, par. 2-203 735 ILCS 5/2-203 from Ch. 110, par. 2-203
39	39	735 ILCS 5/2-203 from Ch. 110, par. 2-203
40	40	Amends the Code of Civil Procedure. Provides that when the court holds a person in civil contempt for knowingly setting forth a false statement in a certificate or affidavit, the court shall award a minimum of $5,000 in damages plus any additional damages it determines to be just (rather than award such damages as it determines to be just).
41	41	LRB103 28885 LNS 55271 b LRB103 28885 LNS 55271 b
42	42	LRB103 28885 LNS 55271 b
43	43	A BILL FOR
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49	49	735 ILCS 5/2-203 from Ch. 110, par. 2-203
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68	68	1 licensed under the Nursing Home Care Act, the Specialized
69	69	2 Mental Health Rehabilitation Act of 2013, the ID/DD Community
70	70	3 Care Act, or the MC/DD Act shall obstruct an officer or other
71	71	4 person making service in compliance with this Section. An
72	72	5 employee of a gated residential community shall grant entry
73	73	6 into the community, including its common areas and common
74	74	7 elements, to a process server authorized under Section 2-202
75	75	8 of this Code who is attempting to serve process on a defendant
76	76	9 or witness who resides within or is known to be within the
77	77	10 community. As used in this Section, "gated residential
78	78	11 community" includes a condominium association, housing
79	79	12 cooperative, or private community.
80	80	13 (b) The officer, in his or her certificate or in a record
81	81	14 filed and maintained in the Sheriff's office, or other person
82	82	15 making service, in his or her affidavit or in a record filed
83	83	16 and maintained in his or her employer's office, shall (1)
84	84	17 identify as to sex, race, and approximate age the defendant or
85	85	18 other person with whom the summons was left and (2) state the
86	86	19 place where (whenever possible in terms of an exact street
87	87	20 address) and the date and time of the day when the summons was
88	88	21 left with the defendant or other person.
89	89	22 (c) Any person who knowingly sets forth in the certificate
90	90	23 or affidavit any false statement, shall be liable in civil
91	91	24 contempt. When the court holds a person in civil contempt
92	92	25 under this Section, it shall award a minimum of $5,000 in
93	93	26 damages plus any additional such damages as it determines to
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104	104	1 be just and, when the contempt is prosecuted by a private
105	105	2 attorney, may award reasonable attorney's fees.
106	106	3 (Source: P.A. 98-104, eff. 7-22-13; 98-966, eff. 1-1-15;
107	107	4 99-180, eff. 7-29-15.)
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