BILL NUMBER: SB 1431	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2016

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 by  a government entity,   an office of
a district attorney or a public defender,  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 1.  Section 415.21 of the Code of Civil Procedure is
amended to read:
   415.21.  (a) Notwithstanding any other law, any person shall 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 upon displaying a current driver's license or
other identification, and one of the following:
   (1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal, or as an investigator employed by  a government
entity.   an office of a district attorney or a public
defender. 
   (2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code or of licensure as a private
investigator pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.
   (b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.