Amended in Senate April 12, 2016

Senate BillNo. 1431


Introduced by Senator Morrell

February 19, 2016


An act to amend Section 415.21 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

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:

P1    1

SECTION 1.  

Section 415.21 of the Code of Civil Procedure
2 is amended to read:

3

415.21.  

(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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