Bill Text: GA HB284 | 2011-2012 | Regular Session | Introduced
Bill Title: Commencement of action and service; certified process servers; change provisions
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB284 Detail]
Download: Georgia-2011-HB284-Introduced.html
11 LC 29
4549
House
Bill 284
By:
Representatives Powell of the
171st,
Willard of the
49th,
Weldon of the
3rd,
Lindsey of the
54th,
Jacobs of the
80th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia
Annotated, relating to commencement of action and service, so as to change
provisions relating to the procedure involved with certified process servers; to
provide for procedure; to change provisions relating to process; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating
to commencement of action and service, is amended by revising paragraph (5) of
subsection (c) of Code Section 9-11-4, relating to process, as
follows:
"(5)
A certified process server under Code Section
9-11-4.1,
provided that the sheriff of the county for which process is to be served allows
such servers to serve process in such
county."
SECTION
2.
Said
article is further amended by revising Code Section 9-11-4.1, relating to
certified process servers, as follows:
"9-11-4.1.
(a)
Certified process
servers. A person at least 18 years of
age who files with
a sheriff
of any county of this state
the
Administrative Office of the Courts an
application stating that
the movant
complies
he or she has
complied with this Code section and any
procedures and requirements set forth in any rules or regulations promulgated by
the Judicial Council of Georgia regarding this Code section shall, absent good
cause shown, be certified as a process server. Such certification shall be
effective for a period of three years or until such approval is withdrawn by a
superior court judge upon good cause shown, whichever shall first occur.
The
certification of a process server may be revoked or suspended by a superior
court judge for cause at any time. If a complaint has been filed by a peace
officer or citizen alleging serious misconduct by a certified process server, a
judge may suspend the process server's certification for up to five business
days while the matter is considered by the judge. A process server shall be
entitled to be heard and present evidence to rebut the suspension or withdrawal
of his or her certification. A person
Such
certified as
a process server
pursuant to
this Code section shall be entitled to
serve in such capacity for any court of the state, anywhere within the
state,
provided that the sheriff of the county for which process is to be served allows
such servers to serve process in such
county.
(b)
Certification
procedures.
(1)
Any person seeking certification under this Code section shall upon applying for
certification present evidence that he or she:
(A)
Has undergone a criminal record check based on fingerprints and has never been
convicted of a felony or of impersonating a peace officer or other public
officer or employee under Code Section 16-10-23;
(B)
Completed a 12 hour course of instruction relating to service of process which
course has been approved by the Administrative Office of the Courts in
consultation with the Georgia Sheriffs' Association;
(C)
Passed a test approved by the Administrative Office of the Courts which will
measure the applicant's knowledge of state law regarding serving of process and
other papers on various entities and persons;
(D)
Obtained a commercial surety bond or policy of commercial insurance conditioned
to protect members of the public and persons employing the certified process
server against any damage arising from any actionable misconduct, error, or
omission on the part of the applicant while serving as a certified process
server; and
(E)
Is a citizen of the United States.
(2)
The
Administrative Office of the Courts
A sheriff
of any county of this state shall review
the application, test score, criminal record check, and such other information
or documentation as required by
that
sheriff
the
Administrative Office of the Courts and
determine whether the applicant shall be approved for certification and
authorized to act as a process server in this state.
(3)
Upon approval the applicant shall complete a written oath as follows: 'I do
solemnly swear (or affirm) that I will conduct myself as a process server truly
and honestly, justly and uprightly, and according to law; and that I will
support the Constitution of the State of Georgia and the Constitution of the
United States. I further swear (or affirm) that I will not serve any papers or
process in any action where I have a financial or personal interest in the
outcome of the matter or where any person to whom I am related by blood or
marriage has such an interest.'
(c)
Renewal and revocation
of certification. A certified process
server shall be required to renew his or her certification every three years.
Any certified process server failing to renew his or her certification shall no
longer be approved to serve as a certified process server. At the time of
renewal, the certified process server shall provide evidence that he or she has
completed three annual five-hour courses of continuing education which courses
have been approved by the Administrative Office of the Courts and has undergone
an updated criminal record check.
The
certification of a process server may be revoked or suspended by a superior
court judge for cause at any time. If a complaint has been filed by a sheriff
alleging serious misconduct by the process server, such judge may suspend the
certification for up to five business days while the matter is considered by the
judge.
(d)
Fees.
The
sheriff
Administrative
Office of the Courts shall collect a fee
of $80.00 for processing the application required by this Code
section.
(e)
Registry.
The
sheriff
Administrative
Office of the Courts shall forward $30.00
of each fee received to the Georgia Sheriffs' Association. The Georgia
Sheriffs' Association shall maintain a registry of certified process
servers.
(f)
Service by off-duty
deputy sheriff. An off-duty deputy
sheriff may serve process with the approval of the sheriff by whom he or she is
employed and shall be exempt from certification under this Code
section.
(g)
Impersonation of public
officer or employee. It shall be unlawful
for a certified process server to falsely hold himself or herself out as a peace
officer or public officer or employee and any violation shall be punished as
provided in Code Section 16-10-23.
(h)
Notice to
sheriff.
(1)
Prior to the first time that a certified process server serves process in any
county he or she shall file with the sheriff of the county a written notice, in
such form as shall be prescribed by the Georgia Sheriffs' Association, of his or
her intent to serve process in that county.
Such notice
shall only be accepted by a sheriff who allows certified process servers to
serve process in his or her county. Such
notice shall be effective for
a
the
period of
one
year
his or her
certification by the Administrative Office of the
Courts; and a new notice shall be filed
before the certified process server again serves process in that county after
expiration of the
one-year
period
certification
term.
(2)
The provisions of this subsection shall not apply to a certified process server
who was appointed by the court to serve process or who was appointed as a
permanent process server by a court.
(i)
Credentials.
A sheriff
of any county of this state
The
Administrative Office of the Courts shall
at the time of certification provide credentials in the form of an
identification card to each certified process server. The identification card
shall be designed to clearly distinguish it from any form of credentials issued
to certified peace officers and
will
shall
not be in the shape or form of a law enforcement badge. A certified process
server shall display his or her credentials at all times while engaged in the
service of process.
(j)
False
representation. It shall be unlawful for
any person who is not a certified process server to hold himself or herself out
as being a certified process server. Any person who violates this subsection
shall upon conviction be guilty of a misdemeanor.
(k)
Sunset and legislative
review. This Code section shall be
repealed effective July 1,
2015
2016,
unless continued in effect by the General Assembly prior to that date. At its
2013
2014
regular session the General Assembly shall review this Code section to determine
whether it should be continued in effect."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.