First Substitute H.B. 383

Representative Glenn L. Way proposes to substitute the following bill:

1 GOVERNMENT AMENDMENTS REGARDING
2 CONSTABLE SERVICES
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Glenn L. Way
6 This act modifies the Judicial Code to provide for penalties for persons serving judicial
7 process without the proper authority.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 RENUMBERS AND AMENDS:
10 78-12a-2.5, (Renumbered from 78-27-58, as last amended by Chapter 225, Laws of Utah
11 1993)
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 78-12a-2.5 , which is renumbered from Section 78-27-58 is renumbered
14 and amended to read:
15 [78-27-58]. 78-12a-2.5. Service of judicial process by persons other than law
16 enforcement officers.
17 (1) Persons who are not peace officers, constables, sheriffs, or lawfully appointed deputies
18 of such officers or authorized state investigators may not serve any forms of civil or criminal
19 process other than complaints, summonses, and subpoenas.
20 (2) h [ Violation of this section is ] ANY PERSON WHO SERVES PROCESS WITHOUT
20a AUTHORITY IS GUILTY OF h a class B misdemeanor.

*HB0383S1*