Bill Text

Bill Information

Add To My Favorites | print page

AB-1720 Service of process: private investigators.(2011-2012)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB1720:v96#DOCUMENT

Assembly Bill No. 1720
CHAPTER 113

An act to amend Section 415.21 of the Code of Civil Procedure, relating to civil procedure.

[ Approved by Governor  July 13, 2012. Filed with Secretary of State  July 13, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1720, Torres. Service of process: private investigators.
Existing law requires a person to be granted access to a gated community for a reasonable period of time for the purpose of performing lawful service of process or service of a subpoena, upon identifying to the guard the person or persons to be served, and upon displaying a current driver’s license or other identification and specified documentation to show the individual is either acting as a representative of a county sheriff or marshal or is a registered process server.
This bill would also require a person to be granted access to a gated community for service of process, under the circumstances described above, upon displaying evidence of licensure as a private investigator. This bill would state that it is not the intent of the Legislature in enacting this act to abrogate or modify the holding of the court in Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, relating to service upon a guard in a gated community.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 415.21 of the Code of Civil Procedure is amended to read:

415.21.
 (a) Notwithstanding any other law, any person shall be granted access to a gated community for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena, upon identifying to the guard the person or persons to be served, and upon displaying a current driver’s license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in his or her capacity as a representative of a county sheriff or marshal.
(2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or of licensure as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(b) This section shall only apply to a gated community that is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community.

SEC. 2.

 In enacting Section 1 of this act, which amends Section 415.21 of the Code of Civil Procedure, it is not the intent of the Legislature to abrogate or modify the holding of the court in Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, relating to service upon a guard in a gated community.