Bill Text: CA AB1974 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Correctional facilities: service of process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-09-06 - Chaptered by Secretary of State - Chapter 255, Statutes of 2022. [AB1974 Detail]
Download: California-2021-AB1974-Introduced.html
Bill Title: Correctional facilities: service of process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-09-06 - Chaptered by Secretary of State - Chapter 255, Statutes of 2022. [AB1974 Detail]
Download: California-2021-AB1974-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1974
| Introduced by Assembly Member Chen |
February 10, 2022 |
An act relating to correctional facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1974, as introduced, Chen.
Correctional facilities: service of process.
Existing law provides for service of process in civil actions. Existing law authorizes a summons to be served by, among other methods, personal delivery of a copy of the summons and of the complaint to the person to be served.
Existing law establishes state prisons and various local correctional facilities, including county jails. Existing law governing the administration of county jails authorizes a person, who is authorized to lawfully serve process, to serve process upon a person who is incarcerated within any institution in this state. Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in their custody, is served, to deliver the paper to the prisoner, with a note of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages
occasioned for neglecting to perform that duty.
This bill would state the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.
