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ENGROSSED HOUSE
BILL NO. 1024 By: Worthen of the House
and
Daniels of the Senate
An Act relating to process servers; amending 12 O.S.
2011, Section 158.1, as last amended by Section 1,
Chapter 76, O.S.L. 2013 (12 O.S. Supp. 2020, Section
158.1), which relates to the licensure of private
process servers; prohibiting certain persons from
applying, reapplying or obtaining process server
license; deleting hearing notification requirement;
making certain acts unlawful; providing penalty;
amending 21 O.S. 2011, Section 650.6, which relates
to penalties for assault and battery upon court
officials; making certain acts unlawful; providing
penalty; amending 21 O.S. 2011, Section 1319, which
relates to penalties for resisting legal process;
expanding scope of crime; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 158.1, as
last amended by Section 1, Chapter 76, O.S.L. 2013 (12 O.S. Supp.
2020, Section 158.1), is amended to read as follows:
Section 158.1 A. Service and return of process in civil cases
of court documents may be by an authorized licensed private process
server. The presiding judge of the judicial administrative district
in which the county is located, or an associate district judge or
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district judge of the county as may be designated by the presiding
judge, shall be authorized to issue a license to make service of
process in civil cases of court documents to persons deemed
qualified to do so.
B. Any person who is:
1. Eighteen (18) years of age or older;
2. Of good moral character;
3. Found ethically and mentally fit;
4. A resident of the State of Oklahoma for a period of not less
than six (6) months; and
5. A resident of the county or judicial administrative district
in which the application is submitted for a period of not less than
thirty (30) days,
may obtain a license by filing an application with the court clerk
on a verified form to be prescribed by the Administrative O ffice of
the Courts. The form shall require the applicant to identify
whether the applicant has had a process server license issued by the
State of Oklahoma, any other state, or any county in Oklahoma at any
time prior to the current application.
Any person who has been convicted of a violent crime, as defined
in Section 571 of Titl e 57 of the Oklahoma Statutes, or a crime that
requires the person to register pursuant to the Sex Offenders
Registration Act in this state or another state shall be prohibited
from applying for or obtaining a license to serve process in this
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state. If a person is currently licensed to serve process in this
state and the person has a previous felony conviction for a crime
enumerated in Section 571 of T itle 57 of the Oklahoma Sta tutes or a
crime that requires the person to register pursuant to the Sex
Offenders Registration Act, the person shall be prohibited from
applying for renewal of the license as provided for in subsection C
of this section.
C. The applicant filing for a li cense to serve process anywhere
in this state shall pay a license fee of One Hundred Fifty Dollars
($150.00), and the regular docketing, posting, mailing, and filing
fees prescribed by law. The license shall contain the full legal
name, address, county in which the license was issued, a brief
description of the licensee and a recent photograph of the licensee.
The license shall state that the licensee is an officer of the court
only for the purpose of service of process. The authority of the
licensee shall be statewide. The license shall be carried by the
licensee while on duty as a private process server. At the end of
one (1) calendar year from the date of issuance of the initial
license, the license shall be renewed for a period of three (3)
years. The license shall be renewed each succeeding three (3)
years. A fee of Fifteen Dollars ($15.00) per renewal shall be
charged for each statewide license renewal. A license issued
pursuant to this subsection entitles the holder of the license to
serve process in any county in this state.
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All fees collected pursuant to this section shall be deposited
in the court fund.
D. Upon the filing of an application for a license, the court
clerk shall give thirty (30) days' days of notice of hearing by
causing the notice to be continually posted for thirty (30) days on
the website of the county, or be posted in the courthouse. The
applicant shall cause notice of the hearing to be made no less than
twenty (20) days prior to the hearing one time by publication in a
legal newspaper of the county, as defined in Section 106 of Title 25
of the Oklahoma Statutes, in which the application is filed. The
applicant shall be responsible for payment of the publication fee,
and shall file in the case the proof of publication affid avit from
the newspaper prior to the hearing. The court clerk shall mail or
deliver a copy of the notice at least twenty (20) days prior to the
hearing to the district attorney, the sheriff in the county in which
the application was filed, and the Oklahoma State Bureau of
Investigation and the Administrative Office of the Courts and shall
contain the name of the applicant and the time and place the
presiding judge or the associate district judge or district judge
designated by the presiding judge , will act upon the application.
E. If, at the time of consideration of the application or
renewal, there are no protests and the applicant appears qualified,
the application for the license shall be granted by the presiding
judge or such associate district judge o r district judge as is
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designated by the presiding judge and, upon executing bond running
to the State of Oklahoma in the amount of Five Thousand Dollars
($5,000.00) for faithful performance of his or her duties and filing
the bond with the court clerk, th e applicant shall be authorized and
licensed to serve civil process court documents in any county in
this state. If, at the time of consideration of the application for
the license, the presiding judge, associate district judge or
district judge as is des ignated by the presiding judge determines
that the applicant does not meet all of the qualifications necessary
for a license, the applicant shall be prohibited from reapplying for
a license to serve process for a period of not less than one (1)
year from the date of denial.
F. If any citizen of this state files a written protest setting
forth objections to the licensing of the applicant, the district
court clerk shall so advise the presiding judge or such associate
district judge or district judge as is de signated by the presiding
judge, who shall set a later date for hearing of application and
protest. The hearing shall be held within sixty (60) days and after
notice to all persons known to be interested.
G. Proof of service of process shall be shown by affidavit as
provided for by subsection G of Section 2004 of this title.
H. The district attorney of the county wherein a license
authorized under this act has been issued or the Attorney General
may file a petition in the district court to revoke the lic ense
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issued to any licensee, as authorized pursuant to the provisions of
this section, alleging the violation by the licensee of any of the
provisions of the law. After at least thirty (30) days' days of
notice by certified mail to the licensee, the chief or presiding
judge, sitting without jury, shall hear the petition and enter an
order thereon. If the license is revoked, the licensee shall not be
permitted to reapply for a license for a period of five (5) years
from the date of revocation. Notwithstan ding any other provision of
this section, any licensee whose license has been revoked one time
shall pay the sum of One Thousand Dollars ($1,000.00) as a renewal
fee. If a second revocation occurs, the chief or presiding judge
shall not allow an applicant to renew the license.
I. Any person who knowingly and willfully serves process in
Oklahoma without a process server license issued by the State of
Oklahoma or who holds himself or herself out to be a process server
licensed by the State of Oklahoma when the person is not licensed as
such shall, upon conviction, be guilty of a misdemeanor. The
provisions of this subsection shall not apply to a process server
licensed in another state who is serving court documents issued by a
court in another state to a person in Oklahoma.
J. The court clerk shall make available at all times in the
office of the court clerk the list of licensed private process
servers. Any person in need of the services of a process server may
designate one from the names on the list, be fore presenting summons
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to the court clerk for issuance, without necessity for individual
judicial appointment.
J. K. No later than January 1, 2013, the Administrative Office
of the Courts shall establish and maintain a statewide registry
which shall contain a list of licensed private process servers. The
Administrative Office of the Courts shall promulgate rules for the
creation and maintenance of the statewide registry. Rules for the
statewide registry for private process servers must have approval of
the Supreme Court.
SECTION 2. AMENDATORY 21 O.S. 2011, Section 650.6, is
amended to read as follows:
Section 650.6 A. Every person who commits any assault upon any
officer of a state district or appellate court, or the Workers '
Compensation Court, including but not limited to judges, bailiffs,
court reporters, court clerks or deputy court clerks, or upon any
witnesses or juror, because of said person 's service in such
capacity or within six (6) months of said person 's service in such
capacity, shall be guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one (1) year, by a
fine not to exceed One Thousand Dollars ($1,000.00), or by both such
imprisonment and fine.
B. Every person who commits any battery or assault and battery
upon any officer of a state district or appellate court, or the
Workers' Compensation Court, including but not limited to judges,
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bailiffs, court reporters, court clerks or deputy court clerks, or
upon any witnesses or juror, because of said person 's service in
such capacity or within six (6) months of said person 's service in
such capacity, shall be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for not
more than five (5) years, by a fine of not more than Five Thousand
Dollars ($5,000.00), or by both such imprisonment and fine.
C. Every person who knowingly commits any assault, battery or
assault and battery upon a process server licensed in this state
while the person is in the performance of his or her duties shall,
upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one (1) year , by a
fine not to exceed One Thousand Dollars ($1,000.00) , or by both such
imprisonment and fin e.
SECTION 3. AMENDATORY 21 O.S. 2011, Section 1319, is
amended to read as follows:
Section 1319. Every person who resists, or enters:
1. Resists the execution of any legal process;
2. Enters into a combination with any other p erson to resist
the execution of any legal process , under circumstances not
amounting to a riot, ; or
3. In retaliation for serving process, releases or fails to
control an animal at the time legal process is being executed,
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is, upon conviction, punishable by imprisonment in a county jail not
exceeding one (1) year, or by a fine not exceeding One Thousand
Dollars ($1,000.00), or by both such imprisonment and fine.
SECTION 4. This act shall become effective November 1, 2021.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate