Assembly Bill No. 1974 CHAPTER 255An act to amend Section 4013 of the Penal Code, relating to correctional facilities. [ Approved by Governor September 06, 2022. Filed with Secretary of State September 06, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1974, 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.
Assembly Bill No. 1974 CHAPTER 255An act to amend Section 4013 of the Penal Code, relating to correctional facilities. [ Approved by Governor September 06, 2022. Filed with Secretary of State September 06, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1974, 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
Assembly Bill No. 1974 CHAPTER 255
Assembly Bill No. 1974
CHAPTER 255
An act to amend Section 4013 of the Penal Code, relating to correctional facilities.
[ Approved by Governor September 06, 2022. Filed with Secretary of State September 06, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1974, 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.
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.
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.
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.
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.
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.