Bill Text: CA AB1974 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1974

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Introduced by Assembly Member Chen

February 10, 2022

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An act to amend Section 4013 of, and to add Section 2085.2 to, the Penal Code, relating to correctional facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 1974, as amended, 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.

This bill would extend this service of process to incarcerated persons in the state prison. The bill would clarify that service pursuant to these provisions constitutes personal service of the incarcerated person.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 2085.2 is added to the Penal Code, to read:

2085.2.

 (a) The department, or each warden of a state prison, shall designate an authorized representative to receive, on behalf of a person incarcerated in the state prison, service of papers in a judicial proceeding. When that authorized representative is served, they shall forthwith deliver the paper to the incarcerated person, with a note of the time of its service. The department shall be liable to the incarcerated person for all damages occasioned thereby for neglecting to serve the incarcerated person.

(b) Service directed to an incarcerated person in the state prison may be served by any person who may lawfully serve process.

(c) Service pursuant to this section constitutes service pursuant to Section 415.10 of the Code of Civil Procedure.

SEC. 2.

 Section 4013 of the Penal Code is amended to read:

4013.

 (a) A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his or her custody, the custody of the sheriff or jailer, is served, shall forthwith deliver it the paper to the prisoner, with a note thereon of the time of its service. For a neglect to do so, he or she The sheriff or jailer is liable to the prisoner for all damages occasioned thereby. 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.

(c) Service pursuant to this section constitutes service pursuant to Section 415.10 of the Code of Civil Procedure.

SECTION 1.

It is 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.