Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
HB1391 • 2026
REFUSAL WAIVE SERVICE SUMMONS
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
REFUSAL WAIVE SERVICE SUMMONS
Rule 3-9(a) / Re-referred to Assignments
Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As May 31, 2026
Rule 2-10 Committee Deadline Established As May 22, 2026
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
Senate Committee Amendment No. 1 Referred to Assignments
Rule 2-10 Committee Deadline Established As May 15, 2026
Chief Senate Sponsor Sen. Laura Fine
First Reading
Referred to Assignments
Assigned to Judiciary
Arrive in Senate
Placed on Calendar Order of First Reading March 3, 2026
Third Reading - Short Debate - Passed 106-000-000
Added Co-Sponsor Rep. Michelle Mussman
Placed on Calendar Order of 3rd Reading - Short Debate
Approved for Consideration Rules Committee ; 005-000-000
Rule 19(a) / Re-referred to Rules Committee
Added Co-Sponsor Rep. Bob Morgan
Added Chief Co-Sponsor Rep. Anthony DeLuca
Second Reading - Short Debate
Placed on Calendar Order of 3rd Reading - Short Debate
Do Pass / Short Debate Judiciary - Civil Committee ; 019-000-000
Placed on Calendar 2nd Reading - Short Debate
Assigned to Judiciary - Civil Committee
First Reading
Referred to Rules Committee
Filed with the Clerk by Rep. Mary Beth Canty
REFUSAL WAIVE SERVICE SUMMONS
Illinois General Assembly - Full Text of HB1391 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of HB1391 Home Legislation Full Text HB1391 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Engrossed Senate Amendment 001 Printer Friendly Version Introduced Engrossed Senate Amendment 001 Open PDF HB1391 Engrossed LRB104 06058 JRC 16091 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 changing Section 2-213 as follows: 6 (735 ILCS 5/2-213) (from Ch. 110, par. 2-213) 7 Sec. 2-213. Waiver of service. 8 (a) Notice and request for waiver. A plaintiff may notify 9 a defendant of the commencement of an action and request that 10 the defendant waive service of a summons. The notice and 11 request shall be in writing in a form prescribed by Supreme 12 Court rule. The notice and request shall: 13 (1) be addressed to an individual who is the defendant 14 or who could be served as representative of an entity that 15 is the defendant; 16 (2) be dispatched through first class U.S. mail or 17 other equally reliable means; 18 (3) contain a copy of the complaint and identify the 19 court in which it has been filed; 20 (4) inform the defendant of the consequences of 21 compliance and of a failure to comply with the request; 22 (5) allow the defendant a reasonable time to return 23 the waiver, which shall be at least (i) 30 days from the HB1391 Engrossed - 2 - LRB104 06058 JRC 16091 b 1 date on which the request is sent or (ii) 60 days if the 2 defendant is addressed outside the United States; and 3 (6) provide the defendant with an extra copy of the 4 notice and request and prepaid means of compliance in 5 writing. 6 (b) Limits on waiver. A defendant who waives service of a 7 summons in the manner provided in subsection (a) does not 8 thereby waive any objection to the venue or to the 9 jurisdiction of the court over the person of the defendant. 10 (c) Time to appear or answer. A defendant who returns a 11 timely waiver of service is not required to appear or serve an 12 answer to the complaint until (i) 60 days from the date on 13 which the request for waiver of service was sent or (ii) 90 14 days if the defendant was addressed outside of the United 15 States. 16 (d) Effect of filing. When a waiver of service is filed by 17 the plaintiff with the court, the action shall proceed as if a 18 summons and complaint had been served at the time of filing of 19 the waiver, and no proof of service shall be required. 20 (e) Right to refuse to waive service; effect of refusal. A 21 defendant may refuse to waive service of a summons. If a 22 defendant does not return the waiver provided for in 23 subsection (a), the plaintiff must serve summons on that 24 defendant as otherwise provided by this Code and Supreme Court 25 rules. If a defendant located within the United States fails, 26 without good cause, to sign and return a waiver requested by a HB1391 Engrossed - 3 - LRB104 06058 JRC 16091 b 1 plaintiff located within the United States, the court must 2 impose on the defendant (1) the expenses later incurred in 3 making service and (2) the reasonable expenses, including 4 attorney's fees, of any motion required to collect those 5 service expenses. 6 (Source: P.A. 87-352.) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. 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