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AB-622 Service of process or subpoena.(2019-2020)

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Date Published: 06/27/2019 09:00 PM
AB622:v96#DOCUMENT

Assembly Bill No. 622
CHAPTER 12

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

[ Approved by Governor  June 26, 2019. Filed with Secretary of State  June 26, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 622, Chen. Service of process or subpoena.
Existing law requires that any person 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 subpoena, as specified.
This bill would expand that access requirement to include covered multifamily dwellings, as defined.
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 or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena 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 the individual’s capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender.
(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 or a covered multifamily dwelling 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 or dwelling.
(c) For purposes of this section, “covered multifamily dwelling” means either of the following:
(1) An apartment building, including a timeshare apartment building not considered a place of public accommodation or transient lodging, with three or more dwelling units.
(2) A condominium, including a timeshare condominium not considered a place of public accommodation or transient lodging, with four or more dwelling units.