Bill Text: CA SB1040 | 2023-2024 | Regular Session | Amended

California Senate Bill 1040

Bill Title: Civil actions: service of process.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1040 Detail]

Download: California-2023-SB1040-Amended.html

Amended IN Senate April 08, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1040

Introduced by Senator Ochoa Bogh

February 07, 2024

An act to amend Section 415.20 of the Code of Civil Procedure, and to amend Section 4013 of, and to add Section 4103.5 to, the Penal Code, relating to civil actions.

LEGISLATIVE COUNSEL'S DIGEST

SB 1040, as amended, Ochoa Bogh. Civil actions: service of process.

Existing law provides that in a civil action, if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, at least 18 years of age, and by thereafter mailing a copy of the summons and complaint to the person to be served at the place where a copy of the summons and complaint were left.

This bill would provide ~~that if~~ a process for personal service where the only address reasonably known for the person to be served with the summons is a state prison or county ~~jail,~~ ~~service of process may be effected on the first delivery attempt~~ jail. Where that process cannot be effectuated, the bill provides that substitute service may be made by leaving a copy of the summons and complaint with the warden, sheriff, or jailer of that state prison or county ~~jail.~~ jail, as specified. If the person to be served has been transferred or released, the bill would require a warden, sheriff, or jailer who receives a copy of a summons on the person’s behalf to notify the server of that fact within 24 hours of the attempted service, and the attempted service would not be effective.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 415.20 of the Code of Civil Procedure is amended to read:

415.20.

(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in the person to be served’s office or, if no physical address is known, at their usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of their office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

(c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code.

(d) (1) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a state prison or county jail, ~~service of process may be effected on the first delivery attempt~~ personal service of process shall be first be attempted in conformity with Section 4013.5 of the Penal Code. If personal service cannot be made, then substitute service may be made by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in ~~Section~~ Sections 4013 and 4013.5 of the Penal Code.

(2) If the person to be served has been transferred or released, a warden, sheriff, or jailer who receives a copy of the summons and complaint on that person’s behalf shall notify the server of that fact within 24 hours of the attempted service, and service shall not be considered effective.

SEC. 2.

Section 4013 of the Penal Code is amended to read:

4013.

(a) A ~~warden, sheriff,~~ sheriff or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The ~~warden, sheriff,~~ sheriff or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.

(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.

SEC. 3.

Section 4013.5 is added to the Penal Code, to read:

4013.5.
(a) A warden upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, is served shall not preclude the proper service of the paper.
(b) When service is requested by a person at any institution in this state and that service is directed to a person who is incarcerated within the institution, service shall be completed as follows:
(1) Institution staff may accept the papers and shall complete the service on the incarcerated person pursuant to subdivision (c).
(2) A sworn peace officer may be escorted into the security area to complete the service of papers.
(3) Personal service may be permitted if:
(A) Personal service is requested, and the request was made to the institution.
(B) The incarcerated person can reasonably be brought to the visiting area.
(C) Permitting the personal service does not compromise the institution’s security.
(c) If institution staff accepts the papers pursuant to subdivision (b), the staff shall deem the paper as incoming confidential mail and place the paper in an envelope provided by the person requesting service. Designated institution staff shall open the envelope in the presence of the addressed incarcerated person at a designated time and place. Staff shall remove the contents of the envelope upside down to prevent inadvertent reading of the contents and shake them to ensure the absence of prohibited material. The incarcerated person shall sign for all confidential mail at the time of delivery.
(d) The warden is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.
(e) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.