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 an office ofbegin delete a district attorneyend deletebegin insert the attorney general, a county counsel, a city attorney, a district attorney,end insert 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 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
P2 1of time for the sole purpose of performing lawful service of process
2or service of a subpoena upon displaying a current driver’s license
3or other identification, and one of the following:
4(1) A badge or other confirmation that the individual is acting
5in his or her capacity as a representative of a county sheriff or
6marshal, or as an investigator employed by an office ofbegin delete a
district
7attorneyend delete
8district attorney,end insert or a public defender.
9(2) Evidence of current registration as a process server pursuant
10to Chapter 16 (commencing with Section 22350) of Division 8 of
11the Business and Professions Code or of licensure as a private
12investigator pursuant to Chapter 11.3 (commencing with Section
137512) of Division 3 of the Business and Professions Code.
14(b) This section shall only apply to a gated community that is
15staffed at the time service of process is attempted by a guard or
16other security personnel assigned to control access to the
17community.
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