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Sen. John G. Mulroe
Filed: 3/21/2014
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| 1 | | AMENDMENT TO SENATE BILL 1724
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1724, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Code of Civil Procedure is amended by |
| 6 | | adding Section 2-214 as follows:
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| 7 | | (735 ILCS 5/2-214 new) |
| 8 | | Sec. 2-214. Service of process on parties that use a post |
| 9 | | office box. |
| 10 | | (a) If a person, corporation, agent or officer of a |
| 11 | | corporation, or member of a limited liability company uses a |
| 12 | | post office box as a principal mailing address, the court may |
| 13 | | enter an order allowing service of process by having a person |
| 14 | | authorized to serve process under Section 2-202 of this Code |
| 15 | | mail a copy of the process via both regular and certified mail. |
| 16 | | (b) Before an order may be entered allowing service of |
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| | 09800SB1724sam002 | - 2 - | LRB098 06630 HEP 56489 a |
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| 1 | | process in the manner provided under this Section: |
| 2 | | (1) a petition asking for leave to serve process as |
| 3 | | provided in this Section shall be filed, and shall have |
| 4 | | attached to it an affidavit, executed by the person |
| 5 | | authorized to serve process, confirming that (i) the |
| 6 | | person, corporation, agent or officer of the corporation, |
| 7 | | or member of the limited liability company uses a post |
| 8 | | office box as a principal mailing address; and (ii) the |
| 9 | | person serving the process has been unable to serve process |
| 10 | | by other means; and |
| 11 | | (2) the court shall make a finding that service as |
| 12 | | provided in this Section will result in substantial justice |
| 13 | | to the parties, taking into account the following: |
| 14 | | (A) whether all reasonable efforts have been made |
| 15 | | to locate the person, corporation, agent or officer of |
| 16 | | a corporation, or member of a limited liability company |
| 17 | | and whether the efforts have been unsuccessful; |
| 18 | | (B) evidence of a business address of the person, |
| 19 | | corporation, agent or officer of a corporation, or |
| 20 | | member of a limited liability company; |
| 21 | | (C) unsuccessful attempts to locate the person, |
| 22 | | corporation, agent or officer of a corporation, or |
| 23 | | member of a limited liability company; |
| 24 | | (D) unsuccessful attempts to accomplish service of |
| 25 | | process; |
| 26 | | (E) the nature of the case; and |