AMENDED IN SENATE AUGUST 1, 2022

AMENDED IN SENATE JUNE 15, 2022

AMENDED IN ASSEMBLY APRIL 18, 2022

AMENDED IN ASSEMBLY MARCH 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

93

CHAPTER 255

Statutes of 2022

[ Approved by Governor September 6, 2022. Filed with Secretary of State September 6, 2022. ]

Introduced by Assembly Member Chen

February 10, 2022

An act to amend Section 4013 of the Penal Code, relating to correctional facilities.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in their custody, is served, to deliver the paper to the prisoner, with a note of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages occasioned for neglecting to perform that duty.

This bill would also require a warden upon whom a paper is served to deliver the paper to an incarcerated person in their custody according to these provisions.

The people of the State of California do enact as follows:

SECTION 1.

Section 4013 of the Penal Code is amended to read:

4013.

(a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person 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.