California 2021-2022 Regular Session

California Assembly Bill AB1974 Compare Versions

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Version 2 (New)

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1		-	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.
	1	+	Enrolled August 25, 2022 Passed IN Senate August 22, 2022 Passed IN Assembly August 23, 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. 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, 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.
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3		-	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
	3	+	Enrolled August 25, 2022 Passed IN Senate August 22, 2022 Passed IN Assembly August 23, 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. 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, 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
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5		-	Assembly ~~Bill No.~~ ~~1974 CHAPTER 255~~
	5	+	Enrolled August 25, 2022 Passed IN Senate August 22, 2022 Passed IN Assembly August 23, 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
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7		-	Assembly Bill No. 1974
	7	+	Enrolled August 25, 2022
	8	+	Passed IN Senate August 22, 2022
	9	+	Passed IN Assembly August 23, 2022
	10	+	Amended IN Senate August 01, 2022
	11	+	Amended IN Senate June 15, 2022
	12	+	Amended IN Assembly April 18, 2022
	13	+	Amended IN Assembly March 17, 2022
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9		-	CHAPTER 255
	15	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	16	+
	17	+	Assembly Bill
	18	+
	19	+	No. 1974
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	21	+	Introduced by Assembly Member ChenFebruary 10, 2022
	22	+
	23	+	Introduced by Assembly Member Chen
	24	+	February 10, 2022
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11	26		An act to amend Section 4013 of the Penal Code, relating to correctional facilities.
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13		-	[ Approved by Governor September 06, 2022. Filed with Secretary of State September 06, 2022. ]
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15	28		LEGISLATIVE COUNSEL'S DIGEST
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17	30		## LEGISLATIVE COUNSEL'S DIGEST
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19	32		AB 1974, Chen. Correctional facilities: service of process.
20	33
21	34		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.
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23	36		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.
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25	38		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.
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27	40		## Digest Key
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29	42		## Bill Text
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31	44		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.
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33	46		The people of the State of California do enact as follows:
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35	48		## The people of the State of California do enact as follows:
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37	50		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.
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39	52		SECTION 1. Section 4013 of the Penal Code is amended to read:
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41	54		### SECTION 1.
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43	56		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.
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45	58		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.
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47	60		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.
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51	64		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.
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53	66		(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.