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Illinois SB3286 Passes, Requires Gated Communities to Grant Access to Process Servers

Update: Senate Bill 3286 has passed through the Senate and House as of May 21st, 2014.

In a bill working through the Illinois judicial system since February of 2014, gated communities would be required to grant access to an individual who is attempting to serve process within that community. The bill names condominium associations and cooperatives in addition to gated residential communities, specifying that access must be given to common areas.

Timeline for SB3286

SB3286 is sponsored by Senators Mike Jacobs, Don Harmon, and Michael E. Hastings as well as Representatives Patric J. Verschoore and Lou Lang.

Synopsis of SB 3286

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.

Synopsis from Illinois General Assembly Website

Key text

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.

Melissa Fraase of the Illinois Association of Professional Process Servers (ILAPPS) shared the following in an email. "The Bill passed House Judiciary Committee 014-000-000 on April 30th. It is on the Calendar for 2nd Reading on Short Debate. We do not have a date yet as we plan on visiting Madam Chairman and the Minority Spokesperson to clarify some questions that came up in Committee. We have faith that the bill will proceed without any additional amendments. The ACTHA (Association of Condominium, Townhouse, and Homeowners Associations) and ADSAI (Associated Detectives & Security Agencies of Illinois) are in support of the Bill."

The staff at Firefly Legal also shared support of the bill, saying in an email, "Firefly Legal fully supports this bill. Randy Mucha, our civil process supervisor, serves on the board of the Illinois Association of professional process servers and wrote a letter in support of this bill."

Randy Mucha wrote the following in support of the bill. "I am writing to express my support for SB 3286. I served over 10,000 people in the past 7 years as a Process Server in Illinois, and I was a sworn Illinois Law Enforcement Officer for 20 years before that. I understand our judicial system. I feel that it is very important that access to defendants not be hindered so that they may be served once legal action is pending against them. Defendants deserve ample opportunity to seek counsel if they so choose, and the ability to respond or appear as required. If access to defendants is prohibited and defendants are not served in a timely manner, our court system experiences delays and extra work, and all parties suffer as a result."

SB3286 Full Text


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