Amended IN Senate August 01, 2022 Amended IN Senate June 15, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1974Introduced by Assembly Member ChenFebruary 10, 2022An act to amend Section 4013 of the Penal Code, relating to correctional facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1974, as amended, Chen. Correctional facilities: service of process.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 also require a warden upon whom a paper is served to deliver the paper to an incarcerated person in their custody according to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4013 of the Penal Code is amended to read:4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
Amended IN Senate August 01, 2022 Amended IN Senate June 15, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1974Introduced by Assembly Member ChenFebruary 10, 2022An act to amend Section 4013 of the Penal Code, relating to correctional facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1974, as amended, Chen. Correctional facilities: service of process.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 also require a warden upon whom a paper is served to deliver the paper to an incarcerated person in their custody according to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 01, 2022 Amended IN Senate June 15, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022
Amended IN Senate August 01, 2022
Amended IN Senate June 15, 2022
Amended IN Assembly April 18, 2022
Amended IN Assembly March 17, 2022
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 to amend Section 4013 of the Penal Code, relating to correctional facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1974, as amended, Chen. Correctional facilities: service of process.
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 also require a warden upon whom a paper is served to deliver the paper to an incarcerated person in their custody according to these provisions.
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 also require a warden upon whom a paper is served to deliver the paper to an incarcerated person in their custody according to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4013 of the Penal Code is amended to read:4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4013 of the Penal Code is amended to read:4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
SECTION 1. Section 4013 of the Penal Code is amended to read:
### SECTION 1.
4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).
4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.
(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.
(c)Service of process under this section may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the warden, sheriff, or jailer in the manner described in subdivision (a).