Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2286

Introduced by Assembly Member Wagner

February 21, 2014

An act begin insert to amend Sections 6401, 7522, and 22453.1 of, to add Chapter 5.7 (commencing with Section 6460) to Division 3 of, and end insert to repeal Chapter 16 (commencing with Section 22350) of Division 8 of, begin delete and to add Chapter 5.7 (commencing with Section 6460) to Division 3 of, end delete the Business and Professions Code, begin insert to amend Sections 413.40, 415.21, 417.40, 481.205, 680.330, and 1033.5 of the Code of Civil Procedure, to amend Section 647 of the Evidence Code, and to amend Sections 241, 602, and 602.8 of the Penal Code, end insert relating to process servers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2286, as amended, Wagner. Process servers.

Existing law requires begin insert a end insert process begin delete servers end delete begin insert server end insert to register with the county clerk where he or she resides or has a principal place of business. Existing law also requires any corporation or partnership that derives compensation from service of process in this state to register with the county clerk where the corporation or partnership has its principal place of business. Existing law requires the county clerk to retain the certificate of registration, as specified. Existing law also requires the county clerk to receive Live Scan fingerprint results and the presiding judge of the superior court is authorized to review the criminal record of registrants convicted of a felony and to take appropriate action, as specified. Existing law also requires the county clerk to provide a variety of administrative services pertaining to the registration of process servers.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation.

This law would remove oversight of the registration of process servers from the counties and place it within the State Bar of California. begin insert This bill would also make technical, nonsubstantive changes to correct cross references. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6401 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

6401.  

This chapter does not apply to any person engaged in
any of the following occupations, provided that the person does
not also perform the duties of a legal document assistant in addition
to those occupations:

(a) Any government employee who is acting in the course of
his or her employment.

(b) A member of the State Bar of California, or his or her
employee, paralegal, or agent, or an independent contractor while
acting on behalf of a member of the State Bar.

(c) Any employee of a nonprofit, tax-exempt corporation who
either assists clients free of charge or is supervised by a member
of the State Bar of California who has malpractice insurance.

(d) A licensed real estate broker or licensed real estate
salesperson, as defined in Chapter 3 (commencing with Section
10130) of Part 1 of Division 4, who acts pursuant to subdivision
(b) of Section 10131 on an unlawful detainer claim as defined in
subdivision (b) of Section 6400, and who is a party to the unlawful
detainer action.

(e) An immigration consultant, as defined in Chapter 19.5
(commencing with Section 22441) of Division 8.

(f) A person registered as a process server under Chapter begin delete 16 end delete begin insert 5.7 end insert
(commencing with Section begin delete 22350) end delete begin insert 6460) end insert or a person registered as
a professional photocopier under Chapter 20 (commencing with
Section 22450) of Division 8.

(g) A person who provides services relative to the preparation
of security instruments or conveyance documents as an integral
part of the provision of title or escrow service.

(h) A person who provides services that are regulated by federal
law.

(i) A person who is employed by, and provides services to, a
supervised financial institution, holding company, subsidiary, or
affiliate.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Chapter 5.7 (commencing with Section 6460) is added
to Division 3 of the Business and Professions Code, to read:

 

Chapter  5.7. Process Servers

 

6460.  

(a) Any natural person who makes more than 10 services
of process within this state during one calendar year, for specific
compensation or in expectation of specific compensation, where
that compensation is directly attributable to the service of process,
shall file and maintain a verified certificate of registration as a
process server with the State Bar of California. Any corporation
or partnership that derives or expects to derive compensation from
service of process within this state shall also file and maintain a
verified certificate of registration as a process server with the State
Bar of California.

(b) This chapter shall not apply to any of the following:

(1) Any sheriff, marshal, or government employee who is acting
within the course and scope of his or her employment.

(2) An attorney or his or her employees, when serving process
related to cases for which the attorney is providing legal services.

(3) Any person who is specially appointed by a court to serve
its process.

(4) A licensed private investigator or his or her employees.

(5) A professional photocopier registered under Section 22450,
or an employee thereof, whose only service of process relates to
subpoenas for the production of records, which subpoenas specify
that the records be copied by that registered professional
photocopier.

6461.  

(a) The certificate of registration of a registrant who is
a natural person shall contain the following:

(1) The name, age, address, and telephone number of the
registrant.

(2) A statement, signed by the registrant under penalty of
perjury, that the registrant has not been convicted of a felony, or,
if the registrant has been convicted of a felony, a copy of a
certificate of rehabilitation, expungement, or pardon.

(3) A statement that the registrant has been a resident of this
state for a period of one year immediately preceding the filing of
the certificate.

(4) A statement that the registrant will perform his or her duties
as a process server in compliance with the provisions of law
governing the service of process in this state.

(b) The certificate of registration of a registrant who is a
partnership or corporation shall contain the following:

(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.

(2) A statement, signed by the general partners or officers under
penalty of perjury, that the general partners or officers have not
been convicted of a felony.

(3) A statement that the partnership or corporation has been
organized and existing continuously for a period of one year
immediately preceding the filing of the certificate or a responsible
managing employee, partner, or officer has been previously
registered under this chapter.

(4) A statement that the partnership or corporation will perform
its duties as a process server in compliance with the provisions of
law governing the service of process in this state.

(c) The State Bar of California shall retain the certificate of
registration for a period of three years following the expiration
date of the certificate, after which time the certificate may be
destroyed if it is scanned or if the conditions specified in Section
26205.1 of the Government Code are met. If the certificate is
scanned, the scanned image shall be retained for a period of 10
years, after which time that image may be destroyed and,
notwithstanding Section 26205.1 of the Government Code, no
reproduction thereof need be made or preserved.

6461.5.  

(a) At the time of filing an initial certificate of
registration or renewing a certificate of registration that has lapsed,
the registrant shall also submit a completed Request for Live Scan
form confirming fingerprint submission to the Department of
Justice and the Federal Bureau of Investigation, in order to verify
that the registrant has not been convicted of a felony. The State
Bar of California shall utilize the Subsequent Arrest Notification
Contract provided by the Department of Justice for notifications
subsequent to the initial certificate of registration.

(b) If, after receiving the results of the Request for Live Scan,
the State Bar of California is advised that the registrant has been
convicted of a felony, the State Bar of California is authorized to
review the criminal record and, unless the registrant is able to
produce a copy of a certificate of rehabilitation, expungement, or
pardon, as specified in paragraph (2) of subdivision (a) of Section
begin delete 22351, end delete begin insert 6461, end insert notify the registrant that the registration is revoked.
An order to show cause for contempt may be issued and served
upon any person who fails to surrender a registered process server
identification card after a notice of revocation.

6462.  

At the time of filing the initial certificate of registration,
a registrant shall pay the following fees to the State Bar of
California:

(a) A fee of one hundred dollars ($100).

(b) A fee to cover the actual costs of processing the completed
fingerprint cards when submitted with the initial certificate of
registration.

(c) A fee to cover the actual cost of issuing a registered process
server identification card.

6463.  

A certificate of registration shall be accompanied by a
bond of two thousand dollars ($2,000), executed by an admitted
surety insurer and conditioned upon compliance with the provisions
of this chapter and all laws governing the service of process in this
state. The total aggregate liability on the bond is limited to two
thousand dollars ($2,000). As an alternative to the bond, the
registrant may deposit with the State Bar of California, cash or a
money order in the amount of two thousand dollars ($2,000).

6464.  

A certificate of registration shall be effective for a period
of two years or until the date the bond expires, whichever occurs
first. Thereafter, a registrant shall file a new certificate of
registration or a renewal of the certificate of registration and pay
the fee required by Section 6462. A certificate of registration may
be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of the
bond, whichever occurs first.

6465.  

(a) The State Bar of California shall maintain a register
of process servers and assign a number and issue an identification
card to each process server. The State Bar of California shall issue
a temporary identification card, for no additional fee, to applicants
who are required to submit Request for Live Scan forms for
background checks to the Federal Bureau of Investigation and the
Department of Justice. This card shall be valid for 120 days. If
clearance is received from the Federal Bureau of Investigation and
the Department of Justice within 120 days, the State Bar of
California shall immediately issue a permanent identification card
to the applicant. Upon request of the applicant, the permanent
identification card shall be mailed to the applicant at his or her
address of record. Upon renewal of a certificate of registration,
the same number shall be assigned, provided there is no lapse in
the period of registration.

(b) The temporary and permanent identification cards shall be
not less than 31⁄4 inches by 2 inches and shall contain at the top
the title, “Registered Process Server,” followed by the registrant’s
name, address, registration number, and date of expiration. In the
case of a natural person, it shall also contain a photograph of the
registrant in the lower left corner. The identification card for a
partnership or corporation registration shall be issued in the name
of the partnership or corporation, and shall not contain a
photograph.

6466.  

A registrant shall be responsible at all times for the good
conduct of his or her employees acting within the course or scope
of their employment, and any person acting as an independent
contractor within the course or scope of the agency relationship
with the registrant.

6466.5.  

(a) In addition to the information required by
begin delete subdivision (b) of end delete Section begin delete 22360, end delete begin insert 6469.5, end insert any proof of service of
any process which is signed by an independent contractor of a
registrant under this chapter shall indicate that the proof of service
was signed as an independent contractor of a registered process
server. The proof of service shall indicate the number assigned
pursuant to Section 6465 of both the independent contractor and
the entity registered under this chapter.

(b) No registrant shall permit any individual to sign any proof
of service of any process as an independent contractor unless all
of the following conditions are met:

(1) The independent contractor is performing pursuant to a
written independent contractor agreement with the registrant.

(2) The independent contractor supplies proof of bonding under
Section 6463, if applicable.

(3) The registrant exercises minimal supervision or control over
the means of accomplishing the service of any process assigned
by the registrant. The registrant may communicate a deadline for
the service of process and request notification that such service
has been completed.

(4) The registrant imposes no restrictions on the independent
contractor’s ability to perform services for others registered under
this chapter.

(5) The independent contractor supplies proof that any required
business licenses have been obtained.

(c) Persons not meeting the criteria of subdivision (b) shall be
treated as employees of the registrant while persons meeting the
criteria of subdivision (b) shall be treated as independent
contractors.

(d) This section shall not preclude an independent determination
of employment under any other provision of law.

6467.  

(a) Any person who recovers damages in any action or
proceeding for injuries caused by a service of process which was
made by a registrant and did not comply with the provisions of
law governing the service of process in this state may recover the
amount of the damages from the bond required by Section 6463.

(b) Whenever there has been a recovery against a bond under
subdivision (a), the registrant shall file a new bond or cash deposit
within 30 days to reinstate the bond or cash deposit to the amount
required by Section 6463. If the registrant does not file the bond
within 30 days, the certificate of registration shall be revoked and
the remainder of the bond forfeited to the State Bar of California.

6468.  

(a) A certificate of registration may be revoked or
suspended whenever it has been determined that the registrant has
made a service of process, including service completed by an
employee or independent contractor of the registrant, which does
not comply with the provisions of law governing the service of
process in this state or constitutes an improper service of process
not amounting to a violation of law.

(b) An investigation concerning the revocation or suspension
of a certificate of registration may be commenced at any time at
the option of the State Bar of California if the State Bar of
California deems it to be appropriate. A complaint by any person
who has alleged that he or she has been injured by a service of
process shall be investigated by the begin delete public prosecutor. end delete begin insert State Bar
of California. end insert The investigation shall determine if the registrant
complied with the provisions of law governing the service of
process or constituted improper service of process not amounting
to a violation of the law.

(c) If the begin delete public prosecutor end delete begin insert State Bar of California end insert determines
from the investigation that cause may exist for the suspension or
revocation of the certificate of registration, begin delete he or she end delete begin insert the State Bar
of California end insert shall set the matter for hearing and give notice to the
registrant. That hearing shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Division 3 of Title
2 of the Government Code except that the decision of the
administrative law judge shall be final. For the purposes of those
provisions, the begin delete public prosecutor end delete begin insert end insert begin insert State Bar of California end insert shall be
deemed to be the agency.

(d) If, after the hearing, the State Bar of California is notified
after the decision has become effective that the administrative law
judge has directed that the registrant’s certificate be suspended or
revoked, the State Bar of California shall forthwith suspend or
revoke the certificate. If the certificate is revoked, the bond or cash
deposit required by Section 6463 shall be forfeited to the State Bar
of California subject to the right of a person to recover against the
bond or cash deposit under Section 6467.

6469.  

Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor.

6469.5.  

Any proof of service of any process which is signed
by a registrant under this chapter shall indicate the number assigned
to the registrant by Section 6465.

begin insert

begin insert 6469.6. end insert   

Any individual, partnership, or corporation properly
registered with a county clerk prior to the effective date of this
chapter may continue to perform services of process under the
county registration until it expires, but shall be registered with the
State Bar of California after that registration expires.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7522 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7522.  

This chapter does not apply to:

(a) A person employed exclusively and regularly by any
employer who does not provide contract security services for other
entities or persons, in connection with the affairs of such employer
only and where there exists an employer-employee relationship if
that person at no time carries or uses any deadly weapon in the
performance of his or her duties. For purposes of this subdivision,
“deadly weapon” is defined to include any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sandbag, metal knuckles, any dirk, dagger, pistol,
revolver, or any other firearm, any knife having a blade longer
than five inches, any razor with an unguarded blade and any metal
pipe or bar used or intended to be used as a club.

(b) An officer or employee of the United States of America, or
of this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official
duties, including uniformed peace officers employed part time by
a public agency pursuant to a written agreement between a chief
of police or sheriff and the public agency, provided the part-time
employment does not exceed 50 hours in any calendar month.

(c) A person engaged exclusively in the business of obtaining
and furnishing information as to the financial rating of persons.

(d) A charitable philanthropic society or association duly
incorporated under the laws of this state which is organized and
maintained for the public good and not for private profit.

(e) An attorney at law in performing his or her duties as an
attorney at law.

(f) Admitted insurers and agents and insurance brokers licensed
by the state, performing duties in connection with insurance
transacted by them.

(g) Any bank subject to the jurisdiction of the Commissioner
of Financial Institutions of the State of California under Division
1 (commencing with Section 99) of the Financial Code or the
Comptroller of Currency of the United States.

(h) A person engaged solely in the business of securing
information about persons or property from public records.

(i) A peace officer of this state or a political subdivision thereof
while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126
of the Government Code. However, nothing herein shall exempt
a peace officer who either contracts for his or her services or the
services of others as a private investigator or contracts for his or
her services as or is employed as an armed private investigator.
For purposes of this subdivision, “armed private investigator”
means an individual who carries or uses a firearm in the course
and scope of that contract or employment.

(j) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.

(k) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.

(l) Any secured creditor engaged in the repossession of the
creditor’s collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.

(m) The act of serving process by an individual who is registered
as a process server pursuant to Section begin delete 22350. end delete begin insert 6460. end insert

(n) (1) A person or business engaged in conducting objective
observations of consumer purchases of products or services in the
public environments of a business establishment by the use of a
preestablished questionnaire, provided that person or business
entity does not engage in any other activity that requires licensure
pursuant to this chapter. The questionnaire may include objective
comments.

(2) If a preestablished questionnaire is used as a basis, but not
the sole basis, for disciplining or discharging an employee, or for
conducting an interview with the employee that might result in the
employee being terminated, the employer shall provide the
employee with a copy of that questionnaire using the same
procedures that an employer is required to follow under Section
2930 of the Labor Code for providing an employee with a copy
of a shopping investigator’s report. This subdivision does not
exempt from this chapter a person or business described in
paragraph (1) if a preestablished questionnaire of that person or
business is used as the sole basis for evaluating an employee’s
work performance.

(o) Any joint labor-management committee established pursuant
to the federal Labor Management Cooperation Act of 1978 (Section
175a of Title 29 of the United States Code), or its employees,
where either the committee or employee is performing a function
authorized by the Labor Management Cooperation Act of 1978,
which includes, but is not limited, to monitoring public works
projects to ensure that employers are complying with federal and
state public works laws.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Chapter 16 (commencing with Section 22350) of
Division 8 of the Business and Professions Code is repealed.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 22453.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

22453.1.  

Notwithstanding Section 22453, any person registered
pursuant to Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with Section begin delete 22350) end delete
begin insert 6460) of Division 3 end insert of shall pay a fee of one hundred dollars ($100)
instead of the fee of one hundred seventy-five dollars ($175)
otherwise required by Section 22453.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 413.40 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

413.40.  

Any service of summons which complies with the
provisions of this chapter shall not be rendered invalid or
ineffective because it was made by a person in violation of Chapter
begin delete 16 end delete begin insert 5.7 end insert (commencing with Section begin delete 22350) end delete begin insert 6460) end insert of Division begin delete 8 end delete begin insert 3 end insert
of the Business and Professions Code.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 415.21 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

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 identifying to the guard the person
or persons to be served, and 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.

(2) Evidence of current registration as a process server pursuant
to Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with Section begin delete 22350) end delete begin insert 6460) end insert of
Division begin delete 8 end delete begin insert 3 end insert 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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 417.40 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

417.40.  

Any proof of service begin delete which end delete begin insert that end insert is signed by a person
registered under Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with Section begin delete 22350) end delete
begin insert 6460) end insert of Division begin delete 8 end delete begin insert 3 end insert of the Business and Professions Code or his
employee or independent contractor shall indicate begin delete the county in
which he is registered and end delete the number assigned to him pursuant
to Section begin delete 22355 end delete begin insert 6465 end insert of the Business and Professions Code.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 481.205 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

481.205.  

“Registered process server” means a person registered
as a process server pursuant to Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with
Section begin delete 22350) end delete begin insert 6460) end insert of Division begin delete 8 end delete begin insert 3 end insert of the Business and
Professions Code.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 680.330 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

680.330.  

“Registered process server” means a person registered
as a process server pursuant to Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with
Section begin delete 22350) end delete begin insert 6460) end insert of Division begin delete 8 end delete begin insert 3 end insert of the Business and
Professions Code.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1033.5 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

1033.5.  

(a) The following items are allowable as costs under
Section 1032:

(1) Filing, motion, and jury fees.

(2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.

(3) Taking, video recording, and transcribing necessary
depositions including an original and one copy of those taken by
the claimant and one copy of depositions taken by the party against
whom costs are allowed, and travel expenses to attend depositions.

(4) Service of process by a public officer, registered process
server, or other means, as follows:

(A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.

(B) If service is by a process server registered pursuant to
Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with Section begin delete 22350) end delete begin insert 6460) end insert of
Division begin delete 8 end delete begin insert 3 end insert of the Business and Professions Code, the recoverable
cost is the amount actually incurred in effecting service, including,
but not limited to, a stakeout or other means employed in locating
the person to be served, unless those charges are successfully
challenged by a party to the action.

(C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.

(D) When service is by a means other than that set forth in
subparagraph (A), (B), or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for that service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).

(5) Expenses of attachment including keeper’s fees.

(6) Premiums on necessary surety bonds.

(7) Ordinary witness fees pursuant to Section 68093 of the
Government Code.

(8) Fees of expert witnesses ordered by the court.

(9) Transcripts of court proceedings ordered by the court.

(10) Attorney’s fees, when authorized by any of the following:

(A) Contract.

(B) Statute.

(C) Law.

(11) Court reporter fees as established by statute.

(12) Court interpreter fees for a qualified court interpreter
authorized by the court for an indigent person represented by a
qualified legal services project, as defined in Section 6213 of the
Business and Professions Code or a pro bono attorney as defined
in Section 8030.4 of the Business and Professions Code.

(13) Models and blowups of exhibits and photocopies of exhibits
may be allowed if they were reasonably helpful to aid the trier of
fact.

(14) Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.

(b) The following items are not allowable as costs, except when
expressly authorized by law:

(1) Fees of experts not ordered by the court.

(2) Investigation expenses in preparing the case for trial.

(3) Postage, telephone, and photocopying charges, except for
exhibits.

(4) Costs in investigation of jurors or in preparation for voir
dire.

(5) Transcripts of court proceedings not ordered by the court.

(c) Any award of costs shall be subject to the following:

(1) Costs are allowable if incurred, whether or not paid.

(2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.

(3) Allowable costs shall be reasonable in amount.

(4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court’s discretion.

(5) When any statute of this state refers to the award of “costs
and attorney’s fees,” attorney’s fees are an item and component
of the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a). Any claim
not based upon the court’s established schedule of attorney’s fees
for actions on a contract shall bear the burden of proof. Attorney’s
fees allowable as costs pursuant to subparagraph (B) of paragraph
(10) of subdivision (a) may be fixed as follows: (A) upon a noticed
motion, (B) at the time a statement of decision is rendered, (C)
upon application supported by affidavit made concurrently with a
claim for other costs, or (D) upon entry of default judgment.
Attorney’s fees allowable as costs pursuant to subparagraph (A)
or (C) of paragraph (10) of subdivision (a) shall be fixed either
upon a noticed motion or upon entry of a default judgment, unless
otherwise provided by stipulation of the parties.

Attorney’s fees awarded pursuant to Section 1717 of the Civil
Code are allowable costs under Section 1032 of this code as
authorized by subparagraph (A) of paragraph (10) of subdivision
(a).

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 647 of the end insert begin insert Evidence Code end insert begin insert is amended to read: end insert

647.  

The return of a process server registered pursuant to
Chapter begin delete 16 end delete begin insert 5.7 end insert (commencing with Section begin delete 22350) end delete begin insert 6460) end insert of
Division begin delete 8 end delete begin insert 3 end insert of the Business and Professions Code upon process
or notice establishes a presumption, affecting the burden of
producing evidence, of the facts stated in the return.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 241 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

241.  

(a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail
not exceeding six months, or by both the fine and imprisonment.

(b) When an assault is committed against the person of a parking
control officer engaged in the performance of his or her duties,
and the person committing the offense knows or reasonably should
know that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000),
or by imprisonment in the county jail not exceeding six months,
or by both the fine and imprisonment.

(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, animal control officer, or search and rescue
member engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know
that the victim is a peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic, lifeguard, process
server, traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the performance
of his or her duties, or a physician or nurse engaged in rendering
emergency medical care, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in
a county jail not exceeding one year, or by both the fine and
imprisonment.

(d) As used in this section, the following definitions apply:

(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.

(2) “Emergency medical technician” means a person possessing
a valid course completion certificate from a program approved by
the State Department of Health Care Services for the medical
training and education of ambulance personnel, and who meets
the standards of Division 2.5 (commencing with Section 1797) of
the Health and Safety Code.

(3) “Mobile intensive care paramedic” refers to those persons
who meet the standards set forth in Division 2.5 (commencing
with Section 1797) of the Health and Safety Code.

(4) “Nurse” means a person who meets the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety
Code.

(5) “Lifeguard” means a person who is:

(A) Employed as a lifeguard by the state, a county, or a city,
and is designated by local ordinance as a public officer who has a
duty and responsibility to enforce local ordinances and
misdemeanors through the issuance of citations.

(B) Wearing distinctive clothing which includes written
identification of the person’s status as a lifeguard and which clearly
identifies the employing organization.

(6) “Process server” means any person who meets the standards
or is expressly exempt from the standards set forth in Section begin delete 22350 end delete
begin insert 6460 end insert of the Business and Professions Code.

(7) “Traffic officer” means any person employed by a county
or city to monitor and enforce state laws and local ordinances
relating to parking and the operation of vehicles.

(8) “Animal control officer” means any person employed by a
county or city for purposes of enforcing animal control laws or
regulations.

(9) (A) “Code enforcement officer” means any person who is
not described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 and who is employed by any governmental
subdivision, public or quasi-public corporation, public agency,
public service corporation, any town, city, county, or municipal
corporation, whether incorporated or chartered, that has
enforcement authority for health, safety, and welfare requirements,
and whose duties include enforcement of any statute, rules,
regulations, or standards, and who is authorized to issue citations,
or file formal complaints.

(B) “Code enforcement officer” also includes any person who
is employed by the Department of Housing and Community
Development who has enforcement authority for health, safety,
and welfare requirements pursuant to the Employee Housing Act
(Part 1 (commencing with Section 17000) of Division 13 of the
Health and Safety Code); the State Housing Law (Part 1.5
(commencing with Section 17910) of Division 13 of the Health
and Safety Code); the Manufactured Housing Act of 1980 (Part 2
(commencing with Section 18000) of Division 13 of the Health
and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health
and Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health
and Safety Code).

(10) “Parking control officer” means any person employed by
a city, county, or city and county, to monitor and enforce state
laws and local ordinances relating to parking.

(11) “Search and rescue member” means any person who is part
of an organized search and rescue team managed by a governmental
agency.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 602 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

602.  

Except as provided in subdivision (u), subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:

(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.

(b) Carrying away any kind of wood or timber lying on those
lands.

(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.

(d) Digging, taking, or carrying away from any lot situated
within the limits of any incorporated city, without the license of
the owner or legal occupant, any earth, soil, or stone.

(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park, without
the license of the proper authorities, any earth, soil, or stone.

(f) Maliciously tearing down, damaging, mutilating, or
destroying any sign, signboard, or notice placed upon, or affixed
to, any property belonging to the state, or to any city, county, city
and county, town or village, or upon any property of any person,
by the state or by an automobile association, which sign, signboard,
or notice is intended to indicate or designate a road or a highway,
or is intended to direct travelers from one point to another, or
relates to fires, fire control, or any other matter involving the
protection of the property, or putting up, affixing, fastening,
printing, or painting upon any property belonging to the state, or
to any city, county, town, or village, or dedicated to the public, or
upon any property of any person, without license from the owner,
any notice, advertisement, or designation of, or any name for any
commodity, whether for sale or otherwise, or any picture, sign, or
device intended to call attention to it.

(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or
not, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed,
damaged, or destroyed, any stakes, marks, fences, or signs intended
to designate the boundaries and limits of any of those lands.

(h) (1) Entering upon lands or buildings owned by any other
person without the license of the owner or legal occupant, where
signs forbidding trespass are displayed, and whereon cattle, goats,
pigs, sheep, fowl, or any other animal is being raised, bred, fed,
or held for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of
those lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed,
damaged, or destroyed, any stakes, marks, fences, or signs intended
to designate the boundaries and limits of any of those lands.

(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals
not less than three per mile along all exterior boundaries and at all
roads and trails entering the land.

(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.

(i) Willfully opening, tearing down, or otherwise destroying
any fence on the enclosed land of another, or opening any gate,
bar, or fence of another and willfully leaving it open without the
written permission of the owner, or maliciously tearing down,
mutilating, or destroying any sign, signboard, or other notice
forbidding shooting on private property.

(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner’s agent, or the person in
lawful possession.

(k) Entering any lands, whether unenclosed or enclosed by
fence, for the purpose of injuring any property or property rights
or with the intention of interfering with, obstructing, or injuring
any lawful business or occupation carried on by the owner of the
land, the owner’s agent, or by the person in lawful possession.

(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering upon uncultivated
or unenclosed lands where signs forbidding trespass are displayed
at intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering the lands without
the written permission of the owner of the land, the owner’s agent,
or of the person in lawful possession, and

(1) Refusing or failing to leave the lands immediately upon
being requested by the owner of the land, the owner’s agent or by
the person in lawful possession to leave the lands, or

(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or

(3) Removing, injuring, unlocking, or tampering with any lock
on any gate on or leading into the lands, or

(4) Discharging any firearm.

(m) Entering and occupying real property or structures of any
kind without the consent of the owner, the owner’s agent, or the
person in lawful possession.

(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without
the consent of the owner, the owner’s agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section begin delete 22350 end delete begin insert 6460 end insert of the Business and Professions Code who
is making a lawful service of process, provided that upon exiting
the vehicle, the person proceeds immediately to attempt the service
of process, and leaves immediately upon completing the service
of process or upon the request of the owner, the owner’s agent, or
the person in lawful possession.

(o) Refusing or failing to leave land, real property, or structures
belonging to or lawfully occupied by another and not open to the
general public, upon being requested to leave by (1) a peace officer
at the request of the owner, the owner’s agent, or the person in
lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner’s
agent, or the person in lawful possession, or (2) the owner, the
owner’s agent, or the person in lawful possession. The owner, the
owner’s agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the
peace officer’s assistance in dealing with a trespass is requested.
However, a single request for a peace officer’s assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner’s agent, or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer’s assistance may be made for a period not to exceed
six months when the premises or property is closed to the public
and posted as being closed. However, this subdivision shall not
be applicable to persons engaged in lawful labor union activities
which are permitted to be carried out on the property by the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
2 of the Labor Code) or by the National Labor Relations Act. For
purposes of this section, land, real property, or structures owned
or operated by any housing authority for begin delete tenants end delete begin insert tenants, end insert as defined
under Section 34213.5 of the Health and Safety begin delete Code end delete begin insert Code, end insert
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request
of a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.

(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries
or along roads and trails passing through the lands.

(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building
is regularly closed to the public upon being requested to do so by
a regularly employed guard, watchperson, or custodian of the
public agency owning or maintaining the building or property, if
the surrounding circumstances would indicate to a reasonable
person that the person has no apparent lawful business to pursue.

(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.

(s) Refusing or failing to leave a hotel or motel, where he or
she has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and
the occupancy is exempt, pursuant to subdivision (b) of Section
1940 of the Civil Code, from Chapter 2 (commencing with Section
1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For
purposes of this subdivision, occupancy at a hotel or motel for a
continuous period of 30 days or less shall, in the absence of a
written agreement to the contrary, or other written evidence of a
periodic tenancy of indefinite duration, be exempt from Chapter
2 (commencing with Section 1940) of Title 5 of Part 4 of Division
3 of the Civil Code.

(t) (1) Entering upon private property, including contiguous
land, real property, or structures thereon belonging to the same
owner, whether or not generally open to the public, after having
been informed by a peace officer at the request of the owner, the
owner’s agent, or the person in lawful possession, and upon being
informed by the peace officer that he or she is acting at the request
of the owner, the owner’s agent, or the person in lawful possession,
that the property is not open to the particular person; or refusing
or failing to leave the property upon being asked to leave the
property in the manner provided in this subdivision.

(2) This subdivision shall apply only to a person who has been
convicted of a crime committed upon the particular private
property.

(3) A single notification or request to the person as set forth
above shall be valid and enforceable under this subdivision unless
and until rescinded by the owner, the owner’s agent, or the person
in lawful possession of the property.

(4) Where the person has been convicted of a violent felony, as
described in subdivision (c) of Section 667.5, this subdivision shall
apply without time limitation. Where the person has been convicted
of any other felony, this subdivision shall apply for no more than
five years from the date of conviction. Where the person has been
convicted of a misdemeanor, this subdivision shall apply for no
more than two years from the date of conviction. Where the person
was convicted for an infraction pursuant to Section 490.1, this
subdivision shall apply for no more than one year from the date
of conviction. This subdivision shall not apply to convictions for
any other infraction.

(u) (1) Knowingly entering, by an unauthorized person, upon
any airport operations area, passenger vessel terminal, or public
transit facility if the area has been posted with notices restricting
access to authorized personnel only and the postings occur not
greater than every 150 feet along the exterior boundary, to the
extent, in the case of a passenger vessel terminal, as defined in
subparagraph (B) of paragraph (3), that the exterior boundary
extends shoreside. To the extent that the exterior boundary of a
passenger vessel terminal operations area extends waterside, this
prohibition shall apply if notices have been posted in a manner
consistent with the requirements for the shoreside exterior
boundary, or in any other manner approved by the captain of the
port.

(2) Any person convicted of a violation of paragraph (1) shall
be punished as follows:

(A) By a fine not exceeding one hundred dollars ($100).

(B) By imprisonment in a county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment, if the person refuses to leave the
airport or passenger vessel terminal after being requested to leave
by a peace officer or authorized personnel.

(C) By imprisonment in a county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment, for a second or subsequent
offense.

(3) As used in this subdivision, the following definitions shall
control:

(A) “Airport operations area” means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading
and unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.

(B) “Passenger vessel terminal” means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area
that regularly serves scheduled commuter or passenger operations.
For the purposes of this section, “passenger vessel terminal” does
not include any area designated a public access area pursuant to
Section 105.106 of Title 33 of the Code of Federal Regulations.

(C) “Public transit facility” has the same meaning as specified
in Section 171.7.

(D) “Authorized personnel” means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline identification
card who is being escorted for legitimate purposes by a person
with an airport or airline identification card. “Authorized
personnel” also means any person who has a valid port
identification card issued by the harbor operator, or who has a
valid company identification card issued by a commercial maritime
enterprise recognized by the harbor operator, or any other person
who is being escorted for legitimate purposes by a person with a
valid port or qualifying company identification card. “Authorized
personnel” also means any person who has a valid public transit
employee identification.

(E) “Airport” means any facility whose function is to support
commercial aviation.

(v) (1) Except as permitted by federal law, intentionally
avoiding submission to the screening and inspection of one’s
person and accessible property in accordance with the procedures
being applied to control access when entering or reentering a sterile
area of an airport, passenger vessel terminal, as defined in Section
171.5, or public transit facility, as defined in subdivision (u), if
the sterile area is posted with a statement providing reasonable
notice that prosecution may result from a trespass described in this
subdivision, is a violation of this subdivision, punishable by a fine
of not more than five hundred dollars ($500) for the first offense.
A second and subsequent violation is a misdemeanor, punishable
by imprisonment in a county jail for a period of not more than one
year, or by a fine not to exceed one thousand dollars ($1,000), or
by both that fine and imprisonment.

(2) Notwithstanding paragraph (1), if a first violation of this
subdivision is responsible for the evacuation of an airport terminal,
passenger vessel terminal, or public transit facility and is
responsible in any part for delays or cancellations of scheduled
flights or departures, it is punishable by imprisonment of not more
than one year in a county jail.

(w) Refusing or failing to leave a battered women’s shelter at
any time after being requested to leave by a managing authority
of the shelter.

(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than
one year.

(2) The court may order a defendant who is convicted of
violating this subdivision to make restitution to a battered woman
in an amount equal to the relocation expenses of the battered
woman and her children if those expenses are incurred as a result
of trespass by the defendant at a battered women’s shelter.

(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is
posted, at a minimum, at each entrance into the area.

(2) Any person convicted of a violation of paragraph (1) shall
be punished as follows:

(A) As an infraction, by a fine not exceeding one hundred dollars
($100).

(B) By imprisonment in a county jail not exceeding one year,
or by a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment, if the person refuses to leave the
posted area after being requested to leave by a peace officer or
other authorized person.

(C) By imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by
both that fine and imprisonment, for a second or subsequent
offense.

(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered, unless
good cause not to pay is shown.

(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one’s person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a
city, county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice
that prosecution may result from a trespass described in this
subdivision.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 602.8 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

602.8.  

(a) Any person who without the written permission of
the landowner, the owner’s agent, or the person in lawful
possession of the land, willfully enters any lands under cultivation
or enclosed by fence, belonging to, or occupied by, another, or
who willfully enters upon uncultivated or unenclosed lands where
signs forbidding trespass are displayed at intervals not less than
three to the mile along all exterior boundaries and at all roads and
trails entering the lands, is guilty of a public offense.

(b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:

(1) A first offense is an infraction punishable by a fine of
seventy-five dollars ($75).

(2) A second offense on the same land or any contiguous land
of the same landowner, without the permission of the landowner,
the landowner’s agent, or the person in lawful possession of the
land, is an infraction punishable by a fine of two hundred fifty
dollars ($250).

(3) A third or subsequent offense on the same land or any
contiguous land of the same landowner, without the permission
of the landowner, the landowner’s agent, or the person in lawful
possession of the land, is a misdemeanor.

(c) Subdivision (a) shall not apply to any of the following:

(1) Any person engaged in lawful labor union activities which
are permitted to be carried out on property by the begin delete California end delete
begin insert Alatorre-Zenovich-Dunlap-Berman end insert Agricultural Labor Relations
begin delete Act, end delete begin insert Act of 1975, end insert Part 3.5 (commencing with Section 1140) of
Division 2 of the Labor Code, or by the National Labor Relations
Act.

(2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.

(3) Any person described in Section begin delete 22350 end delete begin insert 6460 end insert of the Business
and Professions Code who is making a lawful service of process.

(4) Any person licensed pursuant to Chapter 15 (commencing
with Section 8700) of Division 3 of the Business and Professions
Code who is engaged in the lawful practice of land surveying as
authorized by Section 846.5 of the Civil Code.

(d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance. Notwithstanding subdivision (e) of Section
853.6, if the offender elects to forfeit bail pursuant to this
subdivision, no further proceedings shall be had in the case.