BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1431|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1431
          Author:   Morrell (R) 
          Amended:  4/12/16  
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 4/5/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SUBJECT:   Service of summons or subpoena


          SOURCE:    Conference of California Bar Associations


          DIGEST:  This bill allows investigators employed by an office of  
          a district attorney or public defender to gain access to gated  
          communities for a reasonable amount of time for the sole purpose  
          of performing lawful service of process or service of subpoena  
          upon displaying a current driver's license or other  
          identification, and a badge or other confirmation that the  
          individual is acting in his or her capacity as an investigator  
          employed by an office of a district attorney or public defender.  



          ANALYSIS:  


          Existing law: 


          1)Requires the registration of and governs specified persons who  
            qualify as process servers, as specified.  Provides that a  
            person who receives or expects specific compensation for  








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            serving process more than 10 times in a year must file and  
            maintain a certificate of registration as a process server in  
            the appropriate county.


          2)Provides, with respect to gated communities staffed at the  
            time service of process is attempted by a guard or other  
            security personnel assigned to control access to the  
            community, that 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:

                 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

                 Evidence of current registration as a process server or  
               of licensure as a private investigator under the Business  
               and Professions Code.  


          This bill adds to the above, authority for an investigator  
          employed by a government entity to gain access to a gated  
          community for a reasonable period of time, for the sole purpose  
          of performing lawful service of process or service of subpoena  
          upon displaying both (1) a current driver's license or other  
          identification, and (2) either a badge or other confirmation  
          that the individual is acting in his or her capacity as an  
          investigator employed by an office of a district attorney or  
          public defender.


          Background


          In 1994, AB 3307 (Takasugi, Chapter 691, Statutes of 1994) added  
          Section 415.21 to the Code of Civil Procedure to allow for  
          registered process servers or representatives of a county's  
          sheriff's or marshal's office to gain access to a gated  








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          community in order to perform service of process, as prescribed.  
           That section was added in response to difficulties witnessed  
          with serving process in gated communities, and was later  
          expanded to include access to perform service of subpoenas.  


          In 2012, recognizing that California law allows licensed private  
          investigators to perform service of process but does not provide  
          those investigators with the statutory authority under Section  
          415.21 to enter gated communities in the same fashion as  
          registered process servers or county sheriff's and marshal's  
          representatives in order to perform that service,  the  
          Legislature enacted AB 1720 (Torres, Chapter 113, Statutes of  
          2012) to allow licensed private investigators to also enter a  
          gated community for a reasonable amount of time and for the sole  
          purpose of performing lawful service of process or service of  
          subpoena, upon showing specified identification.  That bill also  
          clarified that registered process servers and county sheriff's  
          and marshal's representatives who enter to perform service of  
          process or subpoena are also entering under those limited  
          conditions.


          This bill now allows investigators employed by an office of a  
          district attorney or public defender to gain access to gated  
          communities for a reasonable amount of time for the sole purpose  
          of performing lawful service of process or service of subpoena  
          upon providing proper identification, as specified under  
          existing law. 


          Comments


          As stated by the author: 


            Private guard staff of gated communities can and do deny  
            entrance to process servers who do not have a badge  
            identifying that person as a peace officer, or official  
            identification as a registered process server or private  
            investigator.








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            Although they are employees of public agencies engaged in  
            investigative work and also carry badges, public defender  
            investigators are not peace officers and often are not  
            registered process servers. Even though district attorney  
            investigators may be peace officers, they do not fall within  
            the three categories found in existing law. For these reasons,  
            many of these investigators have been denied access to gated  
            communities, even though they are authorized by statute [ . .  
            . ] to serve process generally. This requires the agencies in  
            question to either impose upon the local sheriff or marshal's  
            office, or spend taxpayer dollars to hire a registered process  
            server or private investigator.


            SB 1431 would add investigators employed by public agencies to  
            the list of persons permitted access to gated communities  
            under [Code of Civil Procedure Section] 415.21, subject to  
            that section's requirements and limitations.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified4/13/16)




          Conference of California Bar Associations (source)
          California District Attorneys Association




          OPPOSITION:   (Verified4/14/16)


          None received









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          Prepared by:Ronak Daylami / JUD. / (916) 651-4113
          4/13/16 15:58:01


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