Bill Text: CA AB2256 | 2013-2014 | Regular Session | Chaptered
Bill Title: Civil procedure: service and fees: sheriffs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 470, Statutes of 2014. [AB2256 Detail]
Download: California-2013-AB2256-Chaptered.html
BILL NUMBER: AB 2256 CHAPTERED
BILL TEXT
CHAPTER 470
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 14, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE MAY 29, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
AMENDED IN ASSEMBLY MARCH 18, 2014
INTRODUCED BY Assembly Member Garcia
FEBRUARY 21, 2014
An act to amend Sections 262.7 and 415.21 of the Code of Civil
Procedure, and to amend Sections 6103.3, 26720.9, 26721.2, 26722,
26723, 26725.1, 26726, 26727, 26728.1, 26729, 26730, 26731, 26733.5,
26736, 26738, 26740, 26741, 26744.5, 26746, 26746.1, and 26750 of the
Government Code, relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2256, Garcia. Civil procedure: service and fees: sheriffs.
(1) In an action against a sheriff, existing law provides that any
person who is a citizen of the United States over the age of 18
years is authorized to serve all process and orders in that action,
as specified.
This bill would instead authorize any person to serve all process
and orders in an action against a sheriff.
(2) Existing law requires, when a gated community is staffed by a
guard or other security personnel assigned to control access to the
community, that a person be granted access to the gated community for
a reasonable period of time to perform service of process or service
of a subpoena, upon identifying to the guard the person or persons
to be served, as specified.
This bill would remove the requirement that a person identify the
person or persons to be served to the guard or security personnel
before being granted access to the gated community.
(3) Existing law authorizes a sheriff or marshal, for any order or
injunction relating to harassment, workplace violence, domestic
violence, or elder abuse, for which the sheriff or marshal provides
service of process, to notify the protected person by electronic or
telephonic means that the order or injunction has been served on the
restrained person, as specified.
This bill would remove the requirement that an order or injunction
be related to harassment, workplace violence, domestic violence, or
elder abuse, and would authorize the sheriff to provide the
notification by publishing notice of service of process on the
sheriff's Internet Web site.
(4) Existing law prescribes fees for serving, executing, and
processing required court notices, writs, orders, and other services
provided by sheriffs and marshals.
This bill would revise and increase the fees for services provided
by sheriffs or marshals, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 262.7 of the Code of Civil Procedure is amended
to read:
262.7. If an action is begun against a sheriff, all process and
orders may be served by any person in the manner provided in this
code.
SEC. 2. Section 415.21 of the Code of Civil Procedure is amended
to read:
415.21. (a) Notwithstanding any other law, any person shall be
granted access to a gated community for a reasonable period of time
for the sole purpose of performing lawful service of process or
service of a subpoena upon displaying a current driver's license or
other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code or of licensure as a private
investigator pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.
(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.
SEC. 3. Section 6103.3 of the Government Code is amended to read:
6103.3. (a) (1) For any order or injunction described in
paragraph (4) of subdivision (b) of Section 6103.2, the sheriff or
marshal may notify the protected person by electronic or telephonic
means within 24 hours after service of process that the order or
injunction has been served on the restrained person, including the
date and time when the order or injunction was served, if the
protected person has requested this notification and has registered a
telephone number or email address at which the protected person may
be contacted for this purpose.
(2) The sheriff may provide the notification described in
subdivision (a) via an automated statewide victim information and
notification system if the sheriff has access to that system, his or
her county participates in that system, and local, state, or federal
funds are made available for the operation of that system.
(b) Notwithstanding subdivision (a), the sheriff may provide the
notification described in subdivision (a) by publishing the notice of
service of process on the sheriff's Internet Web site.
(c) If the sheriff participates in the notification program
authorized under this section and the service of process is provided
by a marshal, the marshal shall promptly inform the sheriff of the
date and time when the order or injunction was served, and the
sheriff shall provide the notice described in subdivision (a) to the
protected person.
SEC. 4. Section 26720.9 of the Government Code is amended to read:
26720.9. Notwithstanding any other law, the amounts set forth in
Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall
be forty dollars ($40).
SEC. 5. Section 26721.2 of the Government Code is amended to read:
26721.2. (a) For any action commenced in the superior court, the
fee for the service of the summons, the complaint for which the
summons is issued, and all other documents or notices required to be
served with the summons and complaint, is forty dollars ($40).
(b) The fee for cancellation of the service of a summons prior to
its completion is forty dollars ($40).
(c) The fee for making a not-found return on a summons certifying
that the person cannot be found at the address specified is forty
dollars ($40).
SEC. 6. Section 26722 of the Government Code is amended to read:
26722. The fee for serving, executing, or processing any writ or
order where the levying officer is required to take immediate
possession of the property levied upon is one hundred dollars ($100).
SEC. 7. Section 26723 of the Government Code is amended to read:
26723. The fee for opening a safe-deposit box pursuant to
Sections 488.460 and 700.150 of the Code of Civil Procedure is one
hundred thirty-five dollars ($135).
SEC. 8. Section 26725.1 of the Government Code is amended to read:
26725.1. The fee for serving or posting any additionally required
notices or orders on other parcels is twenty dollars ($20) each.
SEC. 9. Section 26726 of the Government Code is amended to read:
26726. (a) The fee for keeping and caring for property under a
writ of attachment, execution, possession, or sale is one hundred
forty dollars ($140) when necessarily employed for any eight-hour
period or any part thereof. If an additional keeper or keepers are
required during these periods, the fee for the additional keeper or
keepers shall be the same as fixed, but, in no event shall any one
keeper receive more than three hundred dollars ($300) during any
24-hour period when so employed.
(b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
forty dollars ($40) for each day custody is maintained after the
first day.
(c) Notwithstanding any other fee charged, a keeper shall receive
sixty dollars ($60) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
SEC. 10. Section 26727 of the Government Code is amended to read:
26727. The fee for a copy of any writ, process, paper, order, or
notice actually made by him or her when required or demanded is one
dollar ($1) per page, except that when correct copies are furnished
to him or her for use no charge shall be made for those copies.
SEC. 11. Section 26728.1 of the Government Code is amended to
read:
26728.1. The fee for preparing and posting additionally required
notices of personal property sales is fifteen dollars ($15) each.
SEC. 12. Section 26729 of the Government Code is amended to read:
26729. The fee for furnishing a notice for publication is fifteen
dollars ($15).
SEC. 13. Section 26730 of the Government Code is amended to read:
26730. The fee for conducting or postponing the sale of real or
personal property as required by law or the litigant is ninety
dollars ($90).
SEC. 14. Section 26731 of the Government Code is amended to read:
26731. (a) Eighteen dollars ($18) of any fee collected by the
sheriff's civil division or marshal under Sections 26721, 26722,
26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742,
26743, 26744, and 26750 shall be deposited in a special fund in the
county treasury. A separate accounting of funds deposited shall be
maintained for each depositor, and funds deposited shall be for the
exclusive use of the sheriff's civil division or marshal.
(b) Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
SEC. 15. Section 26733.5 of the Government Code is amended to
read:
26733.5. The fee for serving a writ of possession of real
property on an occupant or the occupants or for posting and serving a
copy on the judgment debtor is eighty-five dollars ($85). The
additional fee for removing an occupant or occupants from the
premises and putting a person in possession of the premises is sixty
dollars ($60). The fee for reposting a notice to vacate shall be
pursuant to Section 26721.
SEC. 16. Section 26736 of the Government Code is amended to read:
26736. The fee for cancellation of the service or execution of
any process or notice, other than a summons, prior to its completion
is forty dollars ($40). The fee provided by this section shall not be
charged if a fee is charged pursuant to any other section of this
article in attempting to serve or execute the process or notice.
SEC. 17. Section 26738 of the Government Code is amended to read:
26738. The fee for making a not-found return on an affidavit and
order, order for appearance, subpoena, writ of attachment, writ of
execution, writ of possession, order for delivery of personal
property, or other process or notice required to be served,
certifying that the person or property cannot be found at the address
specified is thirty-five dollars ($35).
SEC. 18. Section 26740 of the Government Code is amended to read:
26740. The fee for the execution and delivery of a deed or
certificate of redemption is fifteen dollars ($15).
SEC. 19. Section 26741 of the Government Code is amended to read:
26741. The fee for executing and delivering a certificate or deed
of sale is fifteen dollars ($15).
SEC. 20. Section 26744.5 of the Government Code is amended to
read:
26744.5. (a) The fees for processing a warrant issued pursuant to
Section 1993 of the Code of Civil Procedure shall be paid by the
moving party, as follows:
(1) Forty dollars ($40) to receive and process the warrant, which
shall include the issuance and mailing of a notice advising the
person to be arrested of the issuance of the warrant and demanding
that the person appear in court.
(2) Forty dollars ($40) to cancel the service of the warrant.
(3) Eighty-five dollars ($85) if unable to find the person at the
address specified using due diligence.
(4) One hundred dollars ($100) to arrest the person, which shall
include the arrest and release of the person on a promise to appear
pursuant to Section 1993.2 of the Code of Civil Procedure.
(b) The in forma pauperis fee waiver provisions under Rules 3.50
to 3.58, inclusive, of the California Rules of Court shall apply to
the collection of fees under this section.
SEC. 21. Section 26746 of the Government Code is amended to read:
26746. (a) In addition to any other fees required by law, a
processing fee of twelve dollars ($12) shall be assessed for each
disbursement of money collected under a writ of attachment,
execution, possession, or sale, but excluding any action by the local
child support agency for the establishment or enforcement of a child
support obligation. The fee shall be collected from the judgment
debtor in addition to, and in the same manner as, the moneys
collected under the writ. All proceeds of this fee shall be deposited
in a special fund in the county treasury. A separate accounting of
funds deposited shall be maintained for each depositor, and funds
deposited shall be for the exclusive use of the depositor.
(b) The special fund shall be expended to supplement the county's
cost for vehicle fleet replacement and equipment, maintenance, and
civil process operations, including data systems and consultant
services.
(c) A processing fee shall not be charged pursuant to this section
if the only disbursement is the return of the judgment creditor's
deposit for costs.
SEC. 22. Section 26746.1 of the Government Code is amended to
read:
26746.1. (a) A twenty-dollar ($20) fee shall be assessed by the
sheriff or marshal for certification of correction on each citation
that requires inspection for proof of correction of any violation
pursuant to Section 40616 of the Vehicle Code.
(b) All proceeds of the fee shall be deposited in a special fund
in the county treasury. A separate accounting of funds deposited
shall be maintained for each depositor, and funds deposited shall be
for the exclusive use of the sheriff's civil division or marshal.
(c) Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
SEC. 23. Section 26750 of the Government Code is amended to read:
26750. (a) The fee for serving an earnings withholding order
under the Wage Garnishment Law (Chapter 5 (commencing with Section
706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil
Procedure), including, but not limited to, the costs of postage or
traveling, and for performing all other duties of the levying officer
under that law with respect to the levy shall be thirty-five dollars
($35).
(b) Except as provided in Section 26746, the levying officer shall
not charge additional fees, costs, or expenses for performing the
duties under the Wage Garnishment Law (Chapter 5 (commencing with
Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of
Civil Procedure).
