1st Sub.
H.B.
235
PROCESS SERVER AMENDMENTS
House Floor Amendments
Amendment 1 February 21, 2013 2:42 PM
Representative
Lee B. Perry
proposes the following amendments:
1. Page 2, Lines 31 through 32 :
31 (2) [
The
]
Except as provided in Subsection
{
(4)
}
(5)
, the following persons may serve all
32 process issued by the courts of this state:
2. Page 2, Lines 38 through 55 :
38 (d) an investigator employed by the state and authorized by law to serve civil
39 process[
.
]
; and
(e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
Investigator Regulation Act.
40
{
[
}
(3) Private investigators licensed in accordance with Title 53, Chapter 9, Private
41 Investigator Regulation Act
{
, may serve all forms of process in a civil proceeding, including
42 bench warrants, however private investigators
}
may not arrest anyone pursuant to a bench
43 warrant].
44
{
[(a)
}
While serving process, a private investigator shall:]
45 [
{
(i)
}
(a)
have on the investigator's person a visible form of credentials and identification
46 identifying:]
47 [
{
(A)
}
(i)
the person by name;]
48 [
{
(B)
}
(ii)
the person as a licensed private investigator; and]
49 [
{
(C)
}
(iii)
the name and address of the agency employing the investigator or, if the
50 investigator is self-employed, the address of the investigator's place of business;]
51 [
{
(ii)
}
(b)
verbally communicate to the person being served that the investigator is acting as a
52 process server; and]
53 [
{
(iii)
}
(c)
print on the first page of each document served:]
54 [
{
(A)
}
(i)
the investigator's name and identification as a private investigator; and]
55 [
{
(B)
}
(ii)
the address and phone number for the investigator's place of business.
{
]
}
3. Page 3, Lines 63 through 65
House Committee Amendments
2-14-2013 :
63
{
(e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
64
Investigator Regulation Act.
}
65
{
(3)
}
(4)
Any service under this section where breach of the peace is authorized on the face
4. Page 3, Line 70
House Committee Amendments
2-14-2013 :
70
{
(4)
}
(5)
The following persons may not serve process issued by the courts:
5. Page 3, Line 74
House Committee Amendments
2-14-2013 :
74
{
(5)
}
(6)
A person serving process shall
:
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