SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E684 An Act to amend and reenact § 8.01-293 of the Code of Virginia, relating to service of process;Nprocess; investigator employed by an attorney for the Commonwealth or Indigent Defense Commission.

Rinvestigator Oemployed [Hby 682]an Lattorney Approvedfor Be it enacted by the GeneralCommonwealth Assemblyor ofIndigent Virginia:Defense Commission.

L[H 1.682] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:

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E § 8.01-293.

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subject2. matter in controversy.

ForAny purposesperson of thisage subdivision,18 anyears investigatorof employedage byor anolder attorneyand who is not a party or otherwise interested in the for the Commonwealth or employed by the Indigent Defense Commission, who within 10 yearsyearsd by an attorney immediately prior to being employed by the attorney for the Commonwealth or Indigent Defense Commission was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth anHand retired or resigned from his position as a law-enforcement officer in good standing, shall not 6ebe considered to be a party or otherwise interested in the subject matter in controversy while eng2ged in an investigator employed by an attorney for the Commonwealth shall not be considered to be a party oron, otherwise interested in the subject matter in controversy while engaged in the performance of his official duties,duties providedwhen thatserving thewitness sheriffsubpoenas. in the jurisdiction where process is to be served has agreed that such investigators investigator may serve process.

For purposes of this subdivision, an investigator employed by an attorney for the Commonwealth shall not be considered to be a party or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties, provided that the sheriff in the jurisdiction where process is to be served has agreed that such investigators investigator may serve process.

However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if suchendancesuch summons is served on school property, it shall be served only by a sheriff or his deputy;

For purposes of this section, "private process server" means any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy, and who charges a fee for service of process.

Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, personreturn, authorizedor bydo thisany sectionother act relating to serveservice process.process,of process, such term shall be deemed to refer to any B.person authorized by this section to serve process.

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