Illinois Compiled Statutes 740 ILCS 147 Illinois Streetgang Terrorism Omnibus Prevention Act. Section 30

    (740 ILCS 147/30)

    Sec. 30. Service of process.

    (a) All streetgangs and streetgang members engaged in a course or pattern of gang-related criminal activity within this State impliedly consent to service of process upon them as set forth in this Section, or as may be otherwise authorized by the Code of Civil Procedure.

    (b) Service of process upon a streetgang may be had by leaving a copy of the complaint and summons directed to any officer of such gang, commanding the gang to appear and answer the complaint or otherwise plead at a time and place certain:

        (1) with any gang officer; or

        (2) with any individual member of the gang

    simultaneously named therein; or

        (3) in the manner provided for service upon a

    voluntary unincorporated association in a civil action; or

        (4) in the manner provided for service by publication

    in a civil action; or

        (5) with any parent, legal guardian, or legal

    custodian of any persons charged with a gang-related offense when any person sued civilly under this Act is under 18 years of age and is also charged criminally or as a delinquent minor; or

        (6) with the director of any agency or department of

    this State who is the legal guardian, guardianship administrator, or custodian of any person sued under this Act; or

        (7) with the probation or parole officer or aftercare

    specialist of any person sued under this Act; or

        (8) with such other person or agent as the court may,

    upon petition of the State's Attorney or his or her designee, authorize as appropriate and reasonable under all of the circumstances.

    (c) If after being summoned a streetgang does not appear, the court shall enter an answer for the streetgang neither affirming nor denying the allegations of the complaint but demanding strict proof thereof, and proceed to trial and judgment without further process.

    (d) When any person is named as a defendant streetgang member in any complaint, or subsequently becomes known and is added or joined as a named defendant, service of process may be had as authorized or provided for in the Code of Civil Procedure for service of process in a civil case.

    (e) Unknown gang members may be sued as a class and designated as such in the caption of any complaint filed under this Act. Service of process upon unknown members may be made in the manner prescribed for provision of notice to members of a class in a class action, or as the court may direct for providing the best service and notice practicable under the circumstances which shall include individual, personal, or other service upon all members who can be identified and located through reasonable effort.

(Source: P.A. 98-558, eff. 1-1-14.)

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Last modified: February 18, 2015