SB 1431, as amended, 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 bybegin delete a government entity,end deletebegin insert an office of a district attorney or a public defender,end insert 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
P2 1or service of a subpoena upon displaying a current driver’s license
2or other identification, and one of the following:
3(1) A badge or other confirmation that the individual is acting
4in his or her capacity as a representative of a county sheriff or
5marshal, or as an investigator employed bybegin delete a government entity.end delete
6
begin insert an office of a district attorney or a public defender.end insert
7(2) Evidence of current registration as a process server pursuant
8to Chapter 16 (commencing with Section 22350) of Division 8 of
9the Business and Professions Code or of licensure as a private
10investigator pursuant to Chapter 11.3 (commencing with Section
117512) of Division 3 of the Business and Professions Code.
12(b) This section shall only apply to a gated community that is
13staffed at the time service of process is attempted by a guard or
14other security personnel assigned to control access to the
15community.
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