Illinois Code § 740 ILCS 147/30

Service of process.
Open in Lexace · Ask the AI about this section
(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.

simultaneously named therein; or
voluntary unincorporated association in a civil action; or
in a civil action; or
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
this State who is the legal guardian, guardianship administrator, or custodian of any person sued under this Act; or
specialist of any person sued under this Act; or
upon petition of the State's Attorney or his or her designee, authorize as appropriate and reasonable under all of the circumstances.

‹ Prev All Illinois sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.