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ILAPPS Legislative Alerts
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Senator Mike Jacobs (D-Moline) has passed legislation which will increase the penalties for the assault of a process server.
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ILAPPS will be recommending the defeat of two identical pieces of legislation proposed in both the House (HB1460) and the Senate (SB2069)
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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.
Sponsor: Sen. Jacqueline Y. Collins
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| For more info click
here
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This proposed bill Is identical in language to Senate Bill 2069. Sponsor: Rep. William Cunningham
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| For more info click
here
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The Illinois Association of Professional Process Servers (ILAPPS) is pleased to announce its first legislative initiative of the year. SB2004 was introduced by Senator Mike Jacobs (D Moline). It elevates from a misdemeanor to a felony any assault or battery to a process server. Recent attacks prompted the formation of the Association. The bill will go to the Senate Judiciary Committee, where testimony will be presented.
Feb. 10th, the day the bill was filed, was the deadline for sponsoring new legislation.
To track the progress of the bill, and to read the proposed law you can follow the link below.
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| For more info click
here
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Amends the Criminal Code of 1961. Provides that the assault or battery of a person known by the offender to be a process server in the performance of the delivery of court documents is enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault of a process server under such circumstances is a Class 4 felony. Provides that the aggravated battery of a process server under such circumstances is a Class 3 felony.
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On May 27, 2010 Sen. Jacqueline Collins (D) Chicago, filed the bill on behalf of the Cook County Sheriff, which proposes amending the Code of Civil Procedure. The bill addresses the requirement that private detectives and detective agencies must supply the sheriff of a county where process is served to supply a copy of their license and the names of their registered agents. The law deletes language that failure to do so does not invalidate the service of process. The bill also proposes deleting language allowing a registered employee of a private detective agency to serve process in Cook County by special appointment. IAPPS and the Associated Detectives and Security Agencies of Illinois (ADSAI) are strongly opposed to this bill. This legislation was introduced in response to a Chicago Sun Times columnist who reported about her experience of having a process server knock on her door at 5:30 a.m. and refused to identify himself. This bill will not be heard until the 2011 legislative session.
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This amends the Illinois Code of Civil Procedure, which is the statute that regulates service of process in Illinois. The current statute allows a private investigator or a registered employee of a private detective agency to serve process, similar to the Sheriff, without special appointment by the court. The exception is in counties greater than a million population, which is Cook County (Chicago). With the 2010 census, neighboring DuPage County is expected to surpass one million in population. The Associated Detectives and Security Agencies of Illinois (ADSAI) introduced this bill, and had the support of the newly created Illinois Association of Professional Process Servers (IAPPS). The bill accomplishes two things: 1) it raises the population threshold to two million, and 2) it allows a designated official from a county jail or prison to accept service of process on behalf of an inmate. In March, HB5290 passed the House without a dissenting vote. The bill was amended in the Senate, where it passed without opposition. On May 26, 2010 both houses passed the amended bill. The bill is expected to be signed by the governor.
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