H.B. 383

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 AMENDS:
10 78-12a-4, as enacted by Chapter 20, Laws of Utah 1990
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-12a-4 is amended to read:
13 78-12a-4. Violations of service of process authority.
14 (1) It is a class A misdemeanor for a person serving process to falsify a return of service.
15 (2) It is a class C misdemeanor for a person to bill falsely for process service.
16 (3) It is a class B misdemeanor for anyone not a constable, sheriff, a lawfully appointed
17 deputy constable or sheriff, state employed authorized investigator, or other authorized peace
18 officer, to serve:
19 (a) warrants of arrest;
20 (b) bench warrants;
21 (c) writs of restitution; or
22 (d) writs of execution.
23 (4) It is a class C misdemeanor for anyone not a constable, sheriff, lawfully appointed
24 deputy constable or sheriff, state employed authorized investigator, or other authorized peace
25 officer, to serve:
26 (a) writs of garnishment;
27 (b) garnishee orders;

28 (c) temporary restraining orders;
29 (d) protective orders; or
30 (e) orders to show cause.




Legislative Review Note
as of 2-12-01 3:50 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel