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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. -->
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:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 78B-8-302, as last amended by Laws of Utah 2012, Chapter 413
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) [
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;
38 (d) an investigator employed by the state and authorized by law to serve civil
39a H. (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
39b Investigator Regulation Act.
41 Investigator Regulation Act [
42 bench warrants, however private investigators
43 warrant [
46 identifying: [
50 investigator is self-employed, the address of the investigator's place of business; [
51a acting as a
52 process server; and [
55a business. [
63 H. [
64 Investigator Regulation Act.
65 H. [
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
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. [
71 (a) a H. person convicted of a felony [
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. [
75 (a) legibly document the date and time of service [
76 (b) legibly print the person's name and address on the return of service[
77 (c) sign the return of service in substantial compliance with Section 78B-5-705 .
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