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
- Bill Text
- Introduced
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- 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
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- Sections Affected
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H.B. 98
1 PROCESS SERVER AMENDMENTS
22023 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Andrew Stoddard
5Senate 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.
2
3
4
5
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) [
27 may be served by a person who is:
28 (a) 18 years [
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 [
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
Date | Action | Location | Vote |
12/22/2022 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
12/22/2022 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
12/22/2022 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
12/22/2022 | LFA/ fiscal note publicly available | Legislative Research and General Counsel | |
1/4/2023 | House/ received bill from Legislative Research | Clerk of the House | |
1/17/2023 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
1/17/2023 | House/ 1st reading (Introduced) | House Rules Committee | |
1/18/2023 | House/ to standing committee | House Law Enforcement and Criminal Justice Committee | |
1/30/2023 | House Comm - Favorable Recommendation | House Law Enforcement and Criminal Justice Committee | 9 0 4 |
1/30/2023 | House Comm - Consent Calendar Recommendation | House Law Enforcement and Criminal Justice Committee | 9 0 4 |
1/31/2023 (11:13:51 AM) | House/ comm rpt/ placed on Consent Calendar | House Law Enforcement and Criminal Justice Committee | |
1/31/2023 (11:13:52 AM) | House/ 2nd reading | House Consent Calendar | |
2/2/2023 (11:11:15 AM) | House/ 3rd reading | House Consent Calendar | |
2/2/2023 (11:11:34 AM) | House/ circled | House Consent Calendar | Voice vote |
2/2/2023 (11:18:37 AM) | House/ uncircled | House Consent Calendar | Voice vote |
2/2/2023 (11:20:11 AM) | House/ passed 3rd reading | Senate Secretary | 73 0 2 |
2/2/2023 (11:20:13 AM) | House/ to Senate | Senate Secretary | |
2/2/2023 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/2/2023 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/3/2023 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/6/2023 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 4 0 2 |
2/7/2023 (11:13:47 AM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
2/7/2023 (11:13:48 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/9/2023 (11:39:14 AM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/9/2023 (11:41:14 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 25 0 4 |
2/10/2023 (10:49:09 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/10/2023 (10:52:30 AM) | Senate/ passed 3rd reading | Senate President | 26 0 3 |
2/10/2023 (10:52:31 AM) | Senate/ signed by President/ returned to House | House Speaker | |
2/10/2023 (10:52:32 AM) | Senate/ to House | House Speaker | |
2/13/2023 | House/ received from Senate | House Speaker | |
2/13/2023 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
2/14/2023 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
2/14/2023 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/9/2023 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/9/2023 | House/ enrolled bill to Printing | Clerk of the House | |
3/13/2023 | House/ received enrolled bill from Printing | Clerk of the House | |
3/13/2023 | House/ to Governor | Executive Branch - Governor | |
3/13/2023 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 17 (2/2/2023) [HB98 Process Server Amendments, Stoddard]
- House Floor Audio, Day 17 (2/2/2023) [HB98 Process Server Amendments, Stoddard]
- Senate Floor Audio, Day 24 (2/9/2023) [HB98 Process Server Amendments, Pitcher]
- Senate Floor Audio, Day 25 (2/10/2023) [HB98 Process Server Amendments, Pitcher]