House of Representatives

HB 2489

fees; sheriffs; constables; process servers

Sponsors: Representatives Chase, Miranda, Avelar, et al.

 

DP

Committee on Counties & Municipalities
W/D

Committee on Public Institutions & Rural Affairs

W/D

Committee on Appropriations

x

Caucus and COW

 

 

As Passed the House

 

HB 2489 raises fees and mileage reimbursement that constables and sheriffs receive for serving papers in civil actions. The bill also outlines a defense of prosecution for first and second-degree criminal trespass and broadens the offense of interfering with judicial proceedings.

History

Sheriffs, constables and private process servers are charged with serving official documents during civil actions. Arizona Revised Statutes (A.R.S.) §11-445 authorizes the process servers to receive various fees and mileage reimbursement for each official document served. These fees were last raised by Laws 1988, Chapter 214.

Current law classifies the offense of criminal trespass in the third degree as a class 3 misdemeanor and classifies criminal trespass in the second degree as a class 2 misdemeanor.
HB 2489 outlines a defense to a prosecution for both of these offenses.

A.R.S. 13-2810 stipulates that the offense of interfering with judicial proceedings is classified as a class 1 misdemeanor. A person commits this offense if they knowingly engage in any of six prohibited activities. HB 2489 adds a seventh activity to this statute.

Provisions

·              Raises fees and mileage reimbursement that constables and sheriffs receive for serving official documents during civil actions.

·              Eliminates current limits on the amount received by a party adjudged entitled to recover his costs, for services made by private process servers.

·              Stipulates as a defense to a prosecution for criminal trespass in the third degree, if the person is authorized by law to serve legal process and enters on the property to serve or attempt to serve legal process and the property was not fenced with a locked gate or entryway.

·              Stipulates as a defense to a prosecution for criminal trespass in the second degree, 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 entered is open to members of the public, including a reception area.

 

·              States that a person commits interfering with judicial proceedings if such person knowingly obstructs or hinders the service of legal process by a person authorized to serve legal processes.

HB 2489 passed the Counties and Municipalities Committee unamended.

 

 

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45th Legislature                                                                                                                                

First Regular Session                                   2                                                     February 28, 2001

 

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