HB 1391 Illinois House · 104th Regular Session

REFUSAL WAIVE SERVICE SUMMONS

Summary

Amends the Code of Civil Procedure. Deletes provisions that a defendant may refuse to waive service of summons. Provides that if a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Jun 2026

House Passage

Feb 2026

Senate Passage

Governor

Introduced Feb 26, 2026 Last action Jun 1, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Engrossed · 2 edits · Feb 25, 2026

MINOR

This bill updates the formatting and layout of the waiver of service of summons provisions in the Illinois Code of Civil Procedure. It changes the document title from 'Introduced' to 'Engrossed' to reflect its final legislative status and adjusts the spacing and indentation of specific legal requirements regarding how waiver requests must be sent and addressed. These changes are technical and administrative, ensuring the text is ready for publication and enforcement without altering the underlying legal rules.

TECHNICAL

Updated the bill header to indicate it is 'Engrossed' rather than 'Introduced', reflecting its final version after legislative review.

Adjusted the spacing and indentation of the list items detailing the requirements for waiver of service requests to improve readability.

Floor votes · House Feb 25, 2026

How they voted

105–0

Passed · 11 other

Total votes 116

Feb 25, 2026

D Democratic76

68 Yea 8

89% Yea

R Republican40

37 Yea 3

92% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 1, 2026

Committee

Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

upper

Jun 1, 2026

Committee

Rule 3-9(a) / Re-referred to Assignments

upper

May 15, 2026

Upper · Passed

Rule 2-10 Committee Deadline Established As May 22, 2026

upper

May 13, 2026

Upper · Passed

Senate Committee Amendment No. 1 Assignments Refers to Judiciary

upper

May 12, 2026

Committee

Senate Committee Amendment No. 1 Referred to Assignments

upper

May 12, 2026

Introduced

Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine

upper

May 8, 2026

Upper · Passed

Rule 2-10 Committee Deadline Established As May 15, 2026

upper

Apr 28, 2026

Committee

Assigned to Judiciary

upper

Apr 28, 2026

Committee

Referred to Assignments

upper

Feb 26, 2026

Introduced

Arrive in Senate

upper

Feb 25, 2026

Lower · Passed

Third Reading - Short Debate - Passed 106-000-000

lower

Feb 11, 2026

Lower · Passed

Approved for Consideration Rules Committee; 005-000-000

lower

Apr 11, 2025

Committee

Rule 19(a) / Re-referred to Rules Committee

lower

Feb 26, 2025

Lower · Passed

Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000

lower

Feb 11, 2025

Committee

Assigned to Judiciary - Civil Committee

lower

Jan 28, 2025

Committee

Referred to Rules Committee

lower

2 primary · 3 co-sponsors