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H.B. 235 Enrolled
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 convicted felony sex offender or a person with a current protective order
14 from serving 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) [
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
40 (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
41 Investigator Regulation Act.
42 (3) Private investigators licensed in accordance with Title 53, Chapter 9, Private
43 Investigator Regulation Act[
45 warrant. [
51 investigator is self-employed, the address of the investigator's place of business;
53 as a process server; and
64 (4) Any service under this section where the use of force is authorized on the face of
65 the document, a breach of the peace is imminent, or likely under the totality of the
66 circumstances may only be served by:
67 (a) a law enforcement officer, as defined in Section 53-13-103 ; or
68 (b) a constable, as defined in Subsection 53-13-105 (1)(b)(ii).
69 (5) The following persons may not serve process issued by the courts:
70 (a) a person convicted of a felony violation of an offense listed in Subsection
71 77-41-102 (16); 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.
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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