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CA SB1040

Bill

Status

Introduced

2/7/2024

Primary Sponsor

Rosilicie Ochoa Bogh

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • 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.

  • Permits substitute service by leaving summons and complaint with the warden, sheriff, or jailer only if personal service cannot be made.

  • 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.

  • Amends Penal Code Section 4013 to clarify that sheriffs and jailers must deliver judicial papers to incarcerated persons without delay.

  • 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

Committee Referrals

Appropriations4/23/2024
Public Safety4/17/2024
Judiciary2/14/2024
Rules2/7/2024

Full Bill Text

No bill text available