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State Legislation Summaries

| Index of |

September/October - November/December 2008

STATE LEGISLATION -- 2009 SESSION

Compiled and Edited by
Gary A. Crowe
NAPPS Administrator

Arizona
HB 2313 - elevates a simple assault to an Aggravated assault when a person "commits the assault knowing or having reason to know that the victim is� a duly appointed or registered private process server while engaged in the execution of official duties."

This Bill would also exempt duly appointed or registered private process servers from the charges of criminal Trespass in the 1st, 2nd or 3rd degree while engaged in the execution of any official duties. Introduced 1/15/09

HB 2322 - allows a person "duly authorized to serve process" to serve notice of a writ of execution. Introduced 1/15/09

Colorado
HB 09-1145 - registers all private investigators with the Attorney General. The registration requires investigators to supply name, address, telephone number and "any additional information required by the Attorney General to administer this section." While there are ramifications for providing false statements on the application, registration does not include a criminal background check or any education, experience or insurance requirements. The Bill appears to be written solely for investigators to be allowed access to private records and to pay for the privilege. The fee to be registered has yet to be determined. Introduced 1/14/09 and assigned to Judiciary.

Oregon
HB 2393 - raises sheriff's service fees from $28 to $40 for virtually all documents (subpoenas, summons, citations, orders and small claims). The $40 fee also includes writs of garnishment which are currently $9.50 or $12.50, depending in which county service is made. Introduced 1/12/09

Tennessee
HB 90 - adds 6 years of required experience to become a licensed private investigator. While the Bill's sponsor may have intended for applicants to have either 3 years of experience with law enforcement/military OR 3 years of experience as a "manager, supervisor or administrator with an investigations company," that is not the way the Bill reads. The Bill is very clear: have the combined 6 years of experience and pass the examination "designed to measure knowledge and competence�" This Bill could effectively shut out all new applicants for licensing in Tennessee. Introduced 1/15/09







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