Bill Text: IL HB2564 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-15 - Referred to Rules Committee [HB2564 Detail]

Download: Illinois-2023-HB2564-Introduced.html

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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).
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-203 as follows:
(735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
Sec. 2-203. Service on individuals.
(a) Except as otherwise expressly provided, service of
summons upon an individual defendant shall be made (1) by
leaving a copy of the summons with the defendant personally,
(2) by leaving a copy at the defendant's usual place of abode,
with some person of the family or a person residing there, of
the age of 13 years or upwards, and informing that person of
the contents of the summons, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
defendant at his or her usual place of abode, or (3) as
provided in Section 1-2-9.2 of the Illinois Municipal Code
with respect to violation of an ordinance governing parking or
standing of vehicles in cities with a population over 500,000.
The certificate of the officer or affidavit of the person that
he or she has sent the copy in pursuance of this Section is
evidence that he or she has done so. No employee of a facility

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licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act shall obstruct an officer or other
person making service in compliance with this Section. An
employee of a gated residential community shall grant entry
into the community, including its common areas and common
elements, to a process server authorized under Section 2-202
of this Code who is attempting to serve process on a defendant
or witness who resides within or is known to be within the
community. As used in this Section, "gated residential
community" includes a condominium association, housing
cooperative, or private community.
(b) The officer, in his or her certificate or in a record
filed and maintained in the Sheriff's office, or other person
making service, in his or her affidavit or in a record filed
and maintained in his or her employer's office, shall (1)
identify as to sex, race, and approximate age the defendant or
other person with whom the summons was left and (2) state the
place where (whenever possible in terms of an exact street
address) and the date and time of the day when the summons was
left with the defendant or other person.
(c) Any person who knowingly sets forth in the certificate
or affidavit any false statement, shall be liable in civil
contempt. When the court holds a person in civil contempt
under this Section, it shall award a minimum of $5,000 in
damages plus any additional such damages as it determines to

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be just and, when the contempt is prosecuted by a private
attorney, may award reasonable attorney's fees.
(Source: P.A. 98-104, eff. 7-22-13; 98-966, eff. 1-1-15;
99-180, eff. 7-29-15.)