CIV PRO-PROCESS SERVERS

Session: 103rd General Assembly
Year: 2024
Bill #: HB4351
Category: Public Safety and Law Enforcement
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Code of Civil Procedure. Provides that process may (rather than shall) be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. Removes language providing that process may be served by a person who is licensed or registered as a private detective or by a registered employee of a private detective agency in counties with a population of less than 2,000,000 (and instead allows process to be served in such a manner statewide). Removes language providing that upon motion and in its discretion, the court may appoint as a special process server a private detective agency and, under the appointment, any employee of the private detective agency may serve the process.

Staff Analysis

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Removes language providing that process may be served by a person who is licensed or registered as a private detective or by a registered employee of a private detective agency in counties with a population of less than 2,000,000 (and instead allows process to be served in such a manner statewide). Provides that, in a county of 3,000,000 or more, any person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act and hired to serve process shall remit $5 of each service fee to the county sheriff. Provides that the $5 of each service fee to be paid to the sheriff in a county of more than 3,000,000 shall be paid by a person hired to serve summons (instead of process).



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