Bill Text: CA AB1974 | 2021-2022 | Regular Session | Amended
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-Amended.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-Amended.html
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Amended
IN
Senate
August 01, 2022 |
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Amended
IN
Senate
June 15, 2022 |
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Amended
IN
Assembly
April 18, 2022 |
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Amended
IN
Assembly
March 17, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1974
| Introduced by Assembly Member Chen |
February 10, 2022 |
An act to amend Section 4013 of the Penal Code, relating to correctional facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1974, as amended, Chen.
Correctional facilities: service of process.
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 also require a warden upon whom a paper is served to deliver the paper to an incarcerated person in their custody according to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4013 of the Penal Code is amended to read:4013.
(a) A warden, 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, 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.
(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
