California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 2256 — Civil procedure: service and fees: sheriffs.

Last action — Chaptered by Secretary of State - Chapter 470, Statutes of 2014.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2014. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) In an action against a sheriff, existing law provides that any person who is a citizen of the United States over the age of 18 years is authorized to serve all process and orders in that action, as specified. This bill would instead authorize any person to serve all process and orders in an action against a sheriff. (2) Existing law requires, when a gated community is staffed by a guard or other security personnel assigned to control access to the community, that a person be granted access to the gated community for a reasonable period of time to perform service of process or service of a subpoena, upon identifying to the guard the person or persons to be served, as specified. This bill would remove the requirement that a person identify the person or persons to be served to the guard or security personnel before being granted access to the gated community. (3) Existing law authorizes a sheriff or marshal, for any order or injunction relating to harassment, workplace violence, domestic violence, or elder abuse, for which the sheriff or marshal provides service of process, to notify the protected person by electronic or telephonic means that the order or injunction has been served on the restrained person, as specified. This bill would remove the requirement that an order or injunction be related to harassment, workplace violence, domestic violence, or elder abuse, and would authorize the sheriff to provide the notification by publishing notice of service of process on the sheriff's Internet Web site. (4) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. This bill would revise and increase the fees for services provided by sheriffs or marshals, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 470, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 13. Page 6113.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 4. Page 4493.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Do pass as amended. (Ayes 6. Noes 1.) (June 10).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  10. Referred to Com. on JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 11. Page 4331.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. From committee: Do pass as amended. (Ayes 7. Noes 1.) (March 25).

  16. Measure version as amended on March 18 corrected.

  17. Re-referred to Com. on JUD.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  19. Referred to Com. on JUD.

  20. Read first time.

  21. From printer. May be heard in committee March 25.

  22. Introduced. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2256 GARCIA Concurrence in Senate Amendments

Passed 54 Yea · 13 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 5011011
Democratic 4000
Republican 0201
Total 5413012
% of votes cast 68%16%0%15%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Holden — Yea
Linder — Not Voting
Mansoor — Nay
Pan — Yea
Perea — Yea
Quirk — Yea
Wagner — Not Voting
Waldron — Yea
Gordon — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Dababneh — Yea
Daly — Yea
Medina — Yea
Nazarian — Yea
Rodriguez — Yea
Skinner — Yea
Gatto — Yea
Gomez — Not Voting
Gorell — Not Voting
Bocanegra — Yea
Hagman — Nay
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Allen — Nay
Levine — Yea
Logue — Nay
Campos — Yea
Maienschein — Nay
Melendez — Nay
Mullin — Yea
Nestande — Not Voting
Olsen — Not Voting
Ammiano — Not Voting
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Not Voting
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Rendon — Yea
Ridley-Thomas — Not Voting
Ting — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Nay
Williams — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Hall — Yea
Beth Gaines — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2256 Garcia By Lara

Passed 30 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 28405
Democratic 2001
Total 30406
% of votes cast 75%10%0%15%
How each member voted (40)
Member Party Vote
Block — Yea
Hill — Yea
Leno — Yea
Morrell — Nay
Torres — Yea
Walters — Not Voting
Wyland — Nay
Cannella — Yea
Wright — Not Voting
Galgiani — Yea
Mitchell — Yea
Hancock — Not Voting
Hernandez — Yea
De León — Not Voting
Hueso — Yea
Huff — Yea
Knight — Yea
Anderson — Nay
Beall — Yea
Corbett — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Wolk — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Anderson — Nay
Lara — Yea
Vidak — Yea
Corbett — Yea
Leno — Yea
Monning — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 2256 GARCIA Assembly Third Reading

Passed 52 Yea · 11 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 4910013
Democratic 3001
Republican 0102
Total 5211016
% of votes cast 66%14%0%20%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Not Voting
Logue — Not Voting
Maienschein — Nay
Mansoor — Nay
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Wagner — Not Voting
Wieckowski — Yea
Holden — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Dababneh — Yea
Daly — Yea
Nazarian — Yea
Skinner — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Hagman — Nay
Bocanegra — Yea
Hall — Yea
John A. Pérez — Yea
Harkey — Not Voting
Chesbro — Yea
Levine — Yea
Allen — Nay
Medina — Not Voting
Salas — Not Voting
Melendez — Nay
Mullin — Yea
Alejo — Yea
Bigelow — Nay
Chávez — Nay
Conway — Not Voting
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Nestande — Not Voting
Olsen — Not Voting
Pan — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Not Voting
Weber — Yea
Wilk — Nay
Williams — Yea
Fox — Not Voting
Frazier — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Democratic 1000
Total 7102
% of votes cast 70%10%0%20%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Nay
Chau — Yea
Garcia — Yea
Wieckowski — Yea
Wagner — Not Voting
Dickinson — Yea
Gorell — Not Voting
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2256 do?
(1) In an action against a sheriff, existing law provides that any person who is a citizen of the United States over the age of 18 years is authorized to serve all process and orders in that action, as specified. This bill would instead authorize any person to serve all process and orders in an action against a sheriff. (2) Existing law requires, when a gated community is staffed by a guard or other security personnel assigned to control access to the community, that a person be granted access to the gated community for a reasonable period of time to perform service of process or service of a subpoena, upon identifying to the guard the person or persons to be served, as specified. This bill would remove the requirement that a person identify the person or persons to be served to the guard or security personnel before being granted access to the gated community. (3) Existing law authorizes a sheriff or marshal, for any order or injunction relating to harassment, workplace violence, domestic violence, or elder abuse, for which the sheriff or marshal provides service of process, to notify the protected person by electronic or telephonic means that the order or injunction has been served on the restrained person, as specified. This bill would remove the requirement that an order or injunction be related to harassment, workplace violence, domestic violence, or elder abuse, and would authorize the sheriff to provide the notification by publishing notice of service of process on the sheriff's Internet Web site. (4) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. This bill would revise and increase the fees for services provided by sheriffs or marshals, as specified.
Who sponsors AB 2256?
AB 2256 is sponsored by Garcia, Robert (Democratic).
What is the current status of AB 2256?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2256?
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