H.B. 98 Process Server Amendments

Bill Sponsor:

Rep. Stoddard, Andrew
Floor Sponsor:

Sen. Pitcher, Stephanie
  • Drafting Attorney: Jacqueline Carlton
  • Fiscal Analyst: Gary R. Syphus

  • Bill Tracking



  • Information
    • Last Action: 13 Mar 2023, Governor Signed
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 3 May 2023
    • Session Law Chapter: 049


H.B. 98

1     
PROCESS SERVER AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

5     
Senate Sponsor: Stephanie Pitcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends the qualifications for process servers.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows certain special function officers to serve court documents when the use of
13     force is authorized or when a breach of the peace is imminent or likely; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78B-8-302, as last amended by Laws of Utah 2018, Chapter 298
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78B-8-302 is amended to read:
25          78B-8-302. Process servers.
26          (1) [Complaints, summonses, and subpoenas] A complaint, a summons, or a subpoena
27     may be served by a person who is:
28          (a) 18 years [of age] old or older at the time of service; and
29          (b) not a party to the action or a party's attorney.

30          (2) Except as provided in Subsection (5), the following may serve all process issued by
31     the courts of this state:
32          (a) a peace officer employed by a political subdivision of the state acting within the
33     scope and jurisdiction of the peace officer's employment;
34          (b) a sheriff or appointed deputy sheriff employed by a county of the state;
35          (c) a constable, or the constable's deputy, serving in compliance with applicable law;
36          (d) an investigator employed by the state and authorized by law to serve civil process;
37     and
38          (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
39     Investigator Regulation Act.
40          (3) A private investigator licensed in accordance with Title 53, Chapter 9, Private
41     Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
42          (4) While serving process, a private investigator shall:
43          (a) have on the investigator's person a visible form of credentials and identification
44     identifying:
45          (i) the investigator's name;
46          (ii) that the investigator is a licensed private investigator; and
47          (iii) the name and address of the agency employing the investigator or, if the
48     investigator is self-employed, the address of the investigator's place of business;
49          (b) verbally communicate to the person being served that the investigator is acting as a
50     process server; and
51          (c) print on the first page of each document served:
52          (i) the investigator's name and identification number as a private investigator; and
53          (ii) the address and phone number for the investigator's place of business.
54          (5) Any service under this section when the use of force is authorized on the face of the
55     document, or when a breach of the peace is imminent or likely under the totality of the
56     circumstances, may only be served by:
57          (a) a law enforcement officer, as defined in Section 53-13-103; or

58          (b) a special function officer, as defined in Section 53-13-105, who is:
59          (i) employed as an appointed deputy sheriff by a county of the state; or
60          [(b)] (ii) a constable[, as listed in Subsection 53-13-105(1)(b)(ii)].
61          (6) The following may not serve process issued by a court:
62          (a) a person convicted of a felony violation of an offense listed in Subsection
63     77-41-102(17); or
64          (b) a person who is a respondent in a proceeding described in Title 78B, Chapter 7,
65     Protective Orders and Stalking Injunctions, in which a court has granted the petitioner a
66     protective order.
67          (7) A person serving process shall:
68          (a) legibly document the date and time of service on the front page of the document
69     being served;
70          (b) legibly print the process server's name, address, and telephone number on the return
71     of service;
72          (c) sign the return of service in substantial compliance with Title 78B, Chapter 18a,
73     Uniform Unsworn Declarations Act;
74          (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
75     badge number of the process server on the return of service; and
76          (e) if the process server is a private investigator, legibly print the private investigator's
77     identification number on the return of service.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
12/22/2022 Bill Numbered but not DistributedLegislative Research and General Counsel
12/22/2022 Numbered Bill Publicly DistributedLegislative Research and General Counsel
12/22/2022 LFA/ bill sent to agencies for fiscal inputLegislative Research and General Counsel
12/22/2022 LFA/ fiscal note publicly availableLegislative Research and General Counsel
1/4/2023 House/ received bill from Legislative ResearchClerk of the House
1/17/2023 House/ received fiscal note from Fiscal AnalystClerk of the House
1/17/2023 House/ 1st reading (Introduced)House Rules Committee
1/18/2023 House/ to standing committeeHouse Law Enforcement and Criminal Justice Committee
1/30/2023 House Comm - Favorable RecommendationHouse Law Enforcement and Criminal Justice Committee9 0 4
1/30/2023 House Comm - Consent Calendar RecommendationHouse Law Enforcement and Criminal Justice Committee9 0 4
1/31/2023 (11:13:51 AM)House/ comm rpt/ placed on Consent CalendarHouse Law Enforcement and Criminal Justice Committee
1/31/2023 (11:13:52 AM)House/ 2nd readingHouse Consent Calendar
2/2/2023 (11:11:15 AM)House/ 3rd readingHouse Consent Calendar
2/2/2023 (11:11:34 AM)House/ circledHouse Consent CalendarVoice vote
2/2/2023 (11:18:37 AM)House/ uncircledHouse Consent CalendarVoice vote
2/2/2023 (11:20:11 AM)House/ passed 3rd readingSenate Secretary73 0 2
2/2/2023 (11:20:13 AM)House/ to SenateSenate Secretary
2/2/2023 Senate/ received from HouseWaiting for Introduction in the Senate
2/2/2023 Senate/ 1st reading (Introduced)Senate Rules Committee
2/3/2023 Senate/ to standing committeeSenate Judiciary, Law Enforcement, and Criminal Justice Committee
2/6/2023 Senate Comm - Favorable RecommendationSenate Judiciary, Law Enforcement, and Criminal Justice Committee4 0 2
2/7/2023 (11:13:47 AM)Senate/ committee report favorableSenate Judiciary, Law Enforcement, and Criminal Justice Committee
2/7/2023 (11:13:48 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
2/9/2023 (11:39:14 AM)Senate/ 2nd readingSenate 2nd Reading Calendar
2/9/2023 (11:41:14 AM)Senate/ passed 2nd readingSenate 3rd Reading Calendar25 0 4
2/10/2023 (10:49:09 AM)Senate/ 3rd readingSenate 3rd Reading Calendar
2/10/2023 (10:52:30 AM)Senate/ passed 3rd readingSenate President26 0 3
2/10/2023 (10:52:31 AM)Senate/ signed by President/ returned to HouseHouse Speaker
2/10/2023 (10:52:32 AM)Senate/ to HouseHouse Speaker
2/13/2023 House/ received from SenateHouse Speaker
2/13/2023 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
2/14/2023 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
2/14/2023 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/9/2023 Enrolled Bill Returned to House or SenateClerk of the House
3/9/2023 House/ enrolled bill to PrintingClerk of the House
3/13/2023 House/ received enrolled bill from PrintingClerk of the House
3/13/2023 House/ to GovernorExecutive Branch - Governor
3/13/2023 Governor SignedLieutenant Governor's office for filing