Bill Text: CA AB1720 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 1720 (Prior Session Legislation)

Bill Title: Service of process: private investigators.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-13 - Chaptered by Secretary of State - Chapter 113, Statutes of 2012. [AB1720 Detail]

Download: California-2011-AB1720-Chaptered.html

BILL NUMBER: AB 1720	CHAPTERED
	BILL TEXT

	CHAPTER  113
	FILED WITH SECRETARY OF STATE  JULY 13, 2012
	APPROVED BY GOVERNOR  JULY 13, 2012
	PASSED THE SENATE  JUNE 28, 2012
	PASSED THE ASSEMBLY  MARCH 29, 2012
	AMENDED IN ASSEMBLY  MARCH 22, 2012

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 16, 2012

   An act to amend Section 415.21 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1720, Torres. Service of process: private investigators.
   Existing law requires a person to be granted access to a gated
community for a reasonable period of time for the purpose of
performing lawful service of process or service of a subpoena, upon
identifying to the guard the person or persons to be served, and upon
displaying a current driver's license or other identification and
specified documentation to show the individual is either acting as a
representative of a county sheriff or marshal or is a registered
process server.
   This bill would also require a person to be granted access to a
gated community for service of process, under the circumstances
described above, upon displaying evidence of licensure as a private
investigator. This bill would state that it is not the intent of the
Legislature in enacting this act to abrogate or modify the holding of
the court in Bein v. Brechtel-Jochim Group, Inc. (1992) 6
Cal.App.4th 1387, relating to service upon a guard in a gated
community.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 identifying to the guard the person or
persons to be served, and 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. 2.  In enacting Section 1 of this act, which amends Section
415.21 of the Code of Civil Procedure, it is not the intent of the
Legislature to abrogate or modify the holding of the court in Bein v.
Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, relating to
service upon a guard in a gated community.