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S.B. 111
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Senate Committee Amendments 1-31-2003 sm/ecm
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PROCESS SERVERS
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2003 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Michael G. Waddoups
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This act modifies provisions relating to private investigators. It provides that private
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investigators may serve all forms of process issued by a court except writs of execution,
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bench warrants, and any criminal process.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-12a-2, as last amended by Chapter 314, Laws of Utah 1995
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78-27-58, as last amended by Chapter 225, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-12a-2
is amended to read:
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78-12a-2. Process servers.
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(1) The following persons may serve all process issued by the courts of this state
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except as otherwise limited by Section
78-27-58
:
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(a) a peace officer employed by any political subdivision of the state acting within the
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scope and jurisdiction of his employment;
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(b) a sheriff or appointed deputy sheriff employed by any county of the state;
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(c) a constable serving in compliance with applicable law;
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(d) an investigator employed by the state and authorized by law to serve civil process;
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and
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(e) private investigators licensed in accordance with Title 53, Chapter 9, Private
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Investigator Regulation Act, except private investigators may not serve writs of execution,
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S [
bench
]
ARREST
s warrants, and all criminal issuances.
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(2) Other persons may serve process as prescribed by Section
78-27-58
.
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(3) A person serving process shall legibly document the date and time of service and
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his name and address on the return of service.
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Section 2.
Section
78-27-58
is amended to read:
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78-27-58. Service of judicial process by persons other than law enforcement
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officers.
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Persons who are not peace officers, constables, sheriffs, or lawfully appointed deputies
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of such officers [or], authorized state investigators, or private investigators licensed in
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accordance with Title 53, Chapter 9, Private Investigator Regulation Act, may not serve any
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forms of civil or criminal process other than complaints, summonses, and subpoenas.
Legislative Review Note
as of 1-20-03 12:10 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.