California 2021 2021-2022 Regular Session

California Assembly Bill AB1974 Introduced / Bill

Filed 02/10/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1974Introduced by Assembly Member ChenFebruary 10, 2022 An act relating to correctional facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1974, as introduced, Chen. Correctional facilities: service of process.Existing law provides for service of process in civil actions. Existing law authorizes a summons to be served by, among other methods, personal delivery of a copy of the summons and of the complaint to the person to be served.Existing law establishes state prisons and various local correctional facilities, including county jails. Existing law governing the administration of county jails authorizes a person, who is authorized to lawfully serve process, to serve process upon a person who is incarcerated within any institution in this state. Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in their custody, is served, to deliver the paper to the prisoner, with a note of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages occasioned for neglecting to perform that duty.This bill would state the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1974Introduced by Assembly Member ChenFebruary 10, 2022 An act relating to correctional facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1974, as introduced, Chen. Correctional facilities: service of process.Existing law provides for service of process in civil actions. Existing law authorizes a summons to be served by, among other methods, personal delivery of a copy of the summons and of the complaint to the person to be served.Existing law establishes state prisons and various local correctional facilities, including county jails. Existing law governing the administration of county jails authorizes a person, who is authorized to lawfully serve process, to serve process upon a person who is incarcerated within any institution in this state. Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in their custody, is served, to deliver the paper to the prisoner, with a note of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages occasioned for neglecting to perform that duty.This bill would state the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1974

Introduced by Assembly Member ChenFebruary 10, 2022

Introduced by Assembly Member Chen
February 10, 2022

 An act relating to correctional facilities.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1974, as introduced, Chen. Correctional facilities: service of process.

Existing law provides for service of process in civil actions. Existing law authorizes a summons to be served by, among other methods, personal delivery of a copy of the summons and of the complaint to the person to be served.Existing law establishes state prisons and various local correctional facilities, including county jails. Existing law governing the administration of county jails authorizes a person, who is authorized to lawfully serve process, to serve process upon a person who is incarcerated within any institution in this state. Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in their custody, is served, to deliver the paper to the prisoner, with a note of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages occasioned for neglecting to perform that duty.This bill would state the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

Existing law provides for service of process in civil actions. Existing law authorizes a summons to be served by, among other methods, personal delivery of a copy of the summons and of the complaint to the person to be served.

Existing law establishes state prisons and various local correctional facilities, including county jails. Existing law governing the administration of county jails authorizes a person, who is authorized to lawfully serve process, to serve process upon a person who is incarcerated within any institution in this state. Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in their custody, is served, to deliver the paper to the prisoner, with a note of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages occasioned for neglecting to perform that duty.

This bill would state the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

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

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

SECTION 1. It is the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

SECTION 1. It is the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

SECTION 1. It is the intent of the Legislature to enact legislation that would address issues relating to valid service of process on persons who are incarcerated in local or state correctional facilities.

### SECTION 1.