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CA SB1040
Bill
Status
2/7/2024
Primary Sponsor
Rosilicie Ochoa Bogh
Click for details
AI Summary
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Amends Code of Civil Procedure Section 415.20 to require personal service to be first attempted when serving someone at a state prison or county jail, in conformity with Penal Code Section 4013.5.
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Permits substitute service by leaving summons and complaint with the warden, sheriff, or jailer only if personal service cannot be made.
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Requires wardens, sheriffs, or jailers to notify the server within 24 hours if the person to be served has been transferred or released, and declares such service ineffective.
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Amends Penal Code Section 4013 to clarify that sheriffs and jailers must deliver judicial papers to incarcerated persons without delay.
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Adds Penal Code Section 4013.5 establishing procedures for service of process on incarcerated persons, allowing institution staff to accept papers, permitting sworn peace officers in security areas, and authorizing personal service if requested and security permits.
Legislative Description
Civil actions: service of process.
Last Action
May 16 hearing: Held in committee and under submission.
5/16/2024