Compiled and Edited by ALAN H. CROWE NAPPS Administrator
ARIZONA HB 2222 (Chase) - Process Service. Amends Section 13-1502, Arizona Revised Statutes,
pertaining to criminal trespass, by adding this language: "It is a defense to a prosecution
(for criminal trespass) if the person is authorized by law to serve or attempt to serve legal
process and the property was not fenced with a locked gate or entryway." Amends Section
13-1503 by adding this language: "It is a defense to a prosecution (for criminal trespass)
if the person is authorized by law to serve legal process and enters in or on the structure or
yard to serve or attempt to serve legal process and the area of the structure or yard is open to
members of the public, including a reception area." Amends Section 13-2810 to add that
a person who "obstructs or hinders the service of legal process by a person who is authorized
by law to serve legal process" commits the crime of interfering with judicial proceedings.
Introduced 1/15/03; Ref 1/20/03 to Committees on Property Rights; Judiciary; Government and
Retirement; and Rules.
CONNECTICUT HB 6140 (Caruso) - Process Servers. Would amend Section 52-50 of general statutes
to permit corporations and other entities authorized to conduct business in Connecticut to
serve any form of process in this state. Introduced 1/24/03; to Joint Committee on Judiciary
1/27/03.
HAWAII HB 979 (Hamakawa) - Process Servers. Establishes the Civil Process Commission which would
administer the service of all civil process in Hawaii. Would require registration of all private
process servers and civil court officers. Basic requirements to be designated a private
process server include: Being a US citizen, having a high school diploma, being at least
21 years old, having a valid driver's license, having no felony convictions, and passing a
25-question examination demonstrating knowledge of the Hawaii Rules of Civil Procedure. All
registrants must pay annual registration fee of $100, be bonded for $25,000 and be issued a
certificate of registration and photo ID card. Introduced 1/22/03. Ref to Committee on Judiciary
2/6/03.
ILLINOIS HB 1381 (Fritchey) - Process Servers. This bill is another run at breaking the sheriff's
stranglehold on serving civil process in Cook County. By removing the population requirement
(a line-out of just 9 words), it permits licensed private detectives to serve in all
Illinois counties without special appointment. There have been numerous efforts over the past
decade to open Cook County's flood gates and allow private detectives to serve process without
the inconvenience and added burden of going before the court to get a superfluous special
appointment. Maybe this will be the time the dam is breached. Introduced 2/6/03. Ref to
Committee on Executive 2/11/03.
NEW YORK AB 357 [same as SB 2034] (Greene) Unsolicited Fax. Would amend Section 396-aa of the
general business law to increase the restrictions on the sending of unsolicited telefacsimile
promotional messages and expanding the scope of remedies for violations. Court may enjoin such
conduct without requiring proof that any person has, in fact, been injured or damaged, and may
impose a civil penalty of not more than $500 for each violation. Introduced 1/8/03. Ref to
Committee on Consumer Affairs and Protection.
AB 3660 (Kaufman) - Process Service. This bill is similar to an earlier bill introduced
in the 2001 legislature but didn't make it through. This bill would permit service of process on
the doorperson or concierge of a multiple dwelling to satisfy the substituted service
requirement of delivering to a person of suitable age and discretion at the usual place of
abode of the person to be served, and followed by a mailing by first class mail. The proposed
law imposes two additional requirements: (1) That it can be demonstrated that the doorperson
performs the normal and customary duties associated with such employment; and (2) That access
to the usual place of abode of the person to be served was impeded or denied by the doorperson
or concierge. The delivery and mailing must be effected within 20 days of each other; and proof
of service shall be filed with the clerk of the court within 20 days of either the delivery or
the mailing, whichever is effected later. Proof of service shall identify the person of suitable
age and discretion and shall state the date, time and place of service. Introduced 2/10/03. Ref
to Committee on Codes.
TENNESSEE HB 164 (Buck) - Process Service. Amends Tennessee Code Annotated, Title 39, Chapter 16,
Part 6, by adding following new Section 39-16-610.
It is an offense for any employer ... who is in charge of a business establishment, to
knowingly refuse to assist any officer or other person authorized by law to serve process by
failing or refusing to make such employee available for such service of process.
For this section to apply, the process server must call the business establishment
during the normal working hours of the employee sought to be served.
A violation of this section is a Class C misdemeanor.
Introduced 2/3/03. Ref to Committee on Judiciary 2/5/03.
VIRGINIA HB 2499 (Griffith) - Proof of Service. Under existing law all proofs of service by any
person other than a sheriff must be notarized. This bill would amend Section 8.01-325(2) as
follows: "If service by any other person qualified under Section 8.01-293, whether service made
in or out of the Commonwealth, his affidavit of such qualifications; the date and manner of
service and the name of the party served; and stamped, typed, or printed on the return of
process, an annotation that the service was by a private server, and the name, address, and
telephone number of the server; however, if such person has provided the court, in the circuit
where service is to be returned, a copy of his current errors and omissions insurance policy in
an amount of $1 million or more, then such person shall be exempt from notarizing his
returns; ..." Introduced 1/8/03; In House Committee; Passed by indefinitely 1/22/03.
WASHINGTON HB 1226 (Moeller) - Process Service. This is a reincarnation of last year's SB 6513,
which made it through the Senate but didn't make it through the House. Bill would permit service
on a resident defendant involved in a motor vehicle accident by substituted service upon the
Secretary of State at any time within 3 years following accident. Requires that plaintiff show
evidence that the defendant cannot, after a due and diligent search, be found in this state.
Introduced 1/21/03. Ref to Committee on Rules 2/17/03; From Committee on Rules with Do Pass 2/17.
SB 5711 (Prentice) - Private Investigators. Would amend RCW 18.165.160 by adding to the
long list of a private investigator's prohibited acts the following conduct: "Obtaining, or
attempting to obtain, information by false pretenses, including misrepresenting the identity or
purpose of the private investigator, his or her employee, or the identity or purpose of the
client." Introduced 2/7/03. Ref to Committee on Financial Services/Insurance/Housing.
WYOMING
On 2/3/03 Chief Justice William Hill of the Wyoming Supreme Court signed an ORDER adopting
amendments to Rule 4 of the Wyoming Rules of Civil Procedure. The order permits Wyoming process
to be served both within the state and outside the state by any person of the age of majority,
not a party to the action. This is a major change since previously private process servers
were required to obtain an appointment from the clerk of the court. The moving force behind this
change was Member Robert O. Tate of Casper. He deserves a chorus of praise because he carried
this ball all by his lonesome.
