Today's Law As Amended


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AB-3131 Correctional facilities: service of process.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 2085.2 is added to the Penal Code, to read:

2085.2.
 (a) A person upon whom a paper in a judicial proceeding, that is directed to an inmate, is served, and who is designated to effect service upon inmates of the state prison shall forthwith deliver the paper to the inmate, with a note thereon of the time of its service. The person is liable to the prisoner for all damages occasioned thereby for neglecting to do so.
(b) Service directed to a person who is incarcerated in the state prison may be served by any person who may lawfully serve process.
(c) Service pursuant to this section constitutes service pursuant to Section 415.10 of the Code of Civil Procedure.

SEC. 2.

 Section 4013 of the Penal Code is amended to read:

4013.
 (a) A warden, sheriff,  sheriff  or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person  a prisoner  in the custody of the warden, sheriff,  sheriff  or jailer, is served, shall forthwith deliver the paper to the incarcerated person,  prisoner,  with a note thereon of the time of its service. The warden, sheriff,  sheriff  or jailer is liable to the incarcerated person  prisoner  for all damages occasioned thereby for neglecting to do so.
(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.
(c) Service pursuant to this section constitutes service pursuant to Section 415.10 of the Code of Civil Procedure.