AB 3131

Bill Subjects

Abstract

Existing law provides for service of process in civil actions. Existing law authorizes a summons to be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Existing law also establishes the state prison and various local correctional facilities, including county jails. Existing law governs the administration of county jails and those provisions authorize a person who may lawfully serve process to serve process upon a person who is incarcerated within any institution in this state. Existing law requires a sheriff or jailer upon whom a paper in a judicial proceeding, that is directed to a prisoner in the custody of the sheriff or jailer, is served, to deliver the paper to the prisoner, with a note thereon of the time of its service. Existing law makes the sheriff or jailer liable to the prisoner for all damages occasioned for neglecting to carry out that act. This bill would enact similar provisions that would be applicable to service directed to a person who is incarcerated in the state prison. The bill would also provide that service pursuant to the provisions that are applicable to inmates of the state prison and persons incarcerated in other institutions constitutes service for purposes of civil actions, as specified.