2016CALSProLegislativeProposals

Amendment to Penal Code § 602.5.  Every person other than a public officer, or employee acting within the course and scope of his employment in performance of a duty imposed by law, or a registered process server acting in his or her official capacity,  who enters or remains in any noncommercial dwelling house, apartment, or other such place without consent of the owner, his agent, or the person in lawful possession thereof, is guilty of a misdemeanor.

Would equate the official act of a registered process server (serving civil process) to those of a public officer acting in a similarly characterized act.

Related to:

Obstruction of Justice statute

See blog post re recently enacted NY Statute, making what I believe to be the 19th state and federal law in place. https://psinstitute.com/new-york-passes-bill-to-protect-process-servers/

See raw research here:  https://psinstitute.com/us-laws-prohibiting-interference-with-service-of-process/


Amendment to CCP § 1011

Expand the hours when a pro per party could be served pursuant to CCP § 1011 by leaving a copy with someone between 7 AM and 9 PM, instead of 8 AM and 6 PM as is stated in the current law.

and

Codify authority to serve opposing counsel by delivery to security guard when denying access for service.


Amendment to CCP § 415.20

Eliminate due diligence requirement for sub service at a mailing address or where personal service is is impossible or unlikely.

See 2 proposals

Does the law require due diligence before the physical delivery occurs?

See proposal


Amendment to B&P sec. 22351

Remove fingerprinting requirement after the registration lapses.

See proposal


Codify service date requirement for service of a Request for Order, Order to Show Cause, Restraining Order, etc.


Eliminate the 10 (5) day hold from service of the witness after serving the Notice to Consumer form.