AMENDED IN ASSEMBLY MARCH 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

96

CHAPTER 12

Statutes of 2019

[ Approved by Governor June 26, 2019. Filed with Secretary of State June 26, 2019. ]

Introduced by Assembly Member Chen

February 15, 2019

An act to amend Section 415.21 of the Code of Civil Procedure, relating to civil procedure.

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

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires that any person be granted access to a gated community for a reasonable period of time for the sole purpose of performing lawful service of process or service of subpoena, as specified.

This bill would expand that access requirement to include covered multifamily dwellings, as defined.

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

SECTION 1.

Section 415.21 of the Code of Civil Procedure is amended to read:

415.21.

(a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following:

(1) A badge or other confirmation that the individual is acting in the individual’s capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender.

(2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or of licensure as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.

(b) This section shall only apply to a gated community or a covered multifamily dwelling that is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community or dwelling.

(c) For purposes of this section, “covered multifamily dwelling” means either of the following:

(1) An apartment building, including a timeshare apartment building not considered a place of public accommodation or transient lodging, with three or more dwelling units.

(2) A condominium, including a timeshare condominium not considered a place of public accommodation or transient lodging, with four or more dwelling units.