SB 1431, as introduced, Morrell. Service of summons or subpoena.
Existing law requires specified persons to 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, as specified.
This bill would additionally require an investigator who is employed by a government entity, upon the display of proper identification, to be granted access to a gated community for the sole purpose of performing lawful service of process or service of a subpoena.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 415.21 of the Code of Civil Procedure
2 is amended to read:
(a) Notwithstanding any other law, any person shall
4be granted access to a gated community for a reasonable period
5of time for the sole purpose of performing lawful service of process
6or service of a subpoena upon displaying a current driver’s license
7or other identification, and one of the following:
P2 1(1) A badge or other confirmation that the individual is acting
2in his or her capacity as a representative of a county sheriff or
3marshalbegin insert, or as an investigator employed by a government entityend insert.
4(2) Evidence of current registration as a process server pursuant
5to Chapter 16 (commencing with Section
22350) of Division 8 of
6the Business and Professions Code or of licensure as a private
7investigator pursuant to Chapter 11.3 (commencing with Section
87512) of Division 3 of the Business and Professions Code.
9(b) This section shall only apply to a gated community that is
10staffed at the time service of process is attempted by a guard or
11other security personnel assigned to control access to the
12community.
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