First Substitute H.B. 235

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 14, 2013 at 11:47 AM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 28, 2013 at 4:39 PM by lerror. -->

Representative Lee B. Perry proposes the following substitute bill:

1 PROCESS SERVER AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lee B. Perry
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends the qualification criteria for process servers.
10 Highlighted Provisions:
11 This bill:
12 . clarifies who may serve judicial process in the state;
13 . prohibits a H. convicted felony .H sex offender or a person with a current protective
13a order from serving
14 process issued by a court;
15 . requires any service of process where there is a likely or imminent breach of the
16 peace to be carried out by a law enforcement officer; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78B-8-302, as last amended by Laws of Utah 2012, Chapter 413
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-8-302 is amended to read:
28 78B-8-302. Process servers.
29 (1) Complaints, summonses, and subpoenas may be served by any person 18 years of
30 age or older at the time of service, and who is not a party to the action or a party's attorney.
31 (2) [The] Except as provided in Subsection H. [ (4) ] (5) .H , the following persons
31a may serve all
32 process issued by the courts of this state:
33 (a) a peace officer employed by any political subdivision of the state acting within the
34 scope and jurisdiction of the peace officer's employment;
35 (b) a sheriff or appointed deputy sheriff employed by any county of the state;
36 (c) a constable, or the constable's deputy, serving in compliance with applicable law;
37 [and]
38 (d) an investigator employed by the state and authorized by law to serve civil
39 process[.]; and
39a H. (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
39b Investigator Regulation Act.
40 [ [ ] (3) Private investigators licensed in accordance with Title 53, Chapter 9,
40a 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
45a 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
51a 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
55a business. [ ] ] .H
56 [(b) A private investigator may not use physical force or cause a breach of the peace

57 while serving or attempting to serve process.]
58 [(c) A complaint regarding a private investigator serving process may be made to and
59 investigated by the sheriff of the county where the incident being complained of occurred. If
60 the sheriff determines the complaint is credible, the sheriff may restrict or prohibit a licensed
61 private investigator from serving any or all types of process within the county.]
62 [(4) Other persons may serve process as prescribed by Subsection (1).]
63 H. [ (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
64 Investigator Regulation Act. ] .H
65 H. [ (3) ] (4) .H Any service under this section where H. [ breach of the peace ] the use of
65a force .H is authorized on the face
66 of the document, H. a breach of the peace is .H imminent, or likely under the totality of the
66a circumstances may only be served
67 by:
68 (a) a law enforcement officer, as defined in Section 53-13-103 ; or
69 (b) a constable, as defined in Subsection 53-13-105 (b)(ii).
70 H. [ (4) ] (5) .H The following persons may not serve process issued by the courts:
71 (a) a H. person convicted of a felony [ sex offender, as defined ] violation of an
71a offense listed .H in Section 77-41-102 H. (16) .H ; or
72 (b) a person who is a respondent in a proceeding described in Title 78B, Chapter 7,
73 Protective Orders, in which a court has granted the petitioner a protective order.
74 H. [ (5) ] (6) .H A person serving process shall:
75 (a) legibly document the date and time of service [and];
76 (b) legibly print the person's name and address on the return of service[.]; and
77 (c) sign the return of service in substantial compliance with Section 78B-5-705 .

[Bill Documents]