THE SENATE |
S.B. NO. |
1190 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
A BILL FOR AN ACT RELATING TO PUBLIC SAFETY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Chapter 353C, Hawaii Revised Statutes,
is amended by adding a new section to be designated and to read as follows:
"§353C-10 Service of process; list. (a) For service of process, the director shall maintain
a list of independent civil process servers to process:
(1) Orders to show cause pursuant to chapters 603,
604, and 633;
(2) Garnishment pursuant to chapter 652;
(3) Writs of replevin and attachment pursuant to
chapter 634;
(4) Writs of possession pursuant to chapters 501
and 666;
(5) Orders for examination pursuant to chapter 636;
and
(6) Writs of attachment or execution pursuant to
chapter 651.
(b) Any independent civil process server may
submit the server's name to the director to be placed on the list;
provided that a person
shall not be placed on the list if the person:
(1) Is serving a criminal sentence;
(2) Has been convicted of a crime within the
previous ten years;
(3) Is required to register as a sex offender; or
(4) Is subject to any other legal restriction,
including a temporary restraining order, that prevents the person from serving
process; or
(5) Cannot provide a copy of a current State of
Hawaii general excise tax license.
(c) The department, the State, and the agencies,
officers, and employees of the department or the State shall not be responsible
or liable for the actions of any independent civil process servers on the
list. The maintenance of the list shall
not create a private cause of action against the department, the State, or the
agencies, officers, and employees of the department or the State.
(d) Placement of a person's name on the list
shall not make the person a law enforcement officer, sheriff or deputy sheriff,
or an employee or agent of the State."
SECTION
2. Section 501-154, Hawaii Revised
Statutes, is amended to read as follows:
"§501-154 Writ of possession, service, time limit for
registration. When in any action in
the nature of an action of ejectment an execution or writ of possession has
been issued and served by the [officer,] sheriff, deputy sheriff,
police officer, or independent civil process server from the department of
public safety's list under section 353C-10, the [officer] sheriff,
deputy sheriff, police officer, or independent civil process server shall
cause a copy of the writ, with a return of the [officer's] doings of
the sheriff, deputy sheriff, police officer, or independent civil process
server thereon, to be filed and registered within three months after the
service and before the return of the writ into the clerk's office. The plaintiff, in case the judgment was that
the plaintiff was entitled to an estate in fee simple in the demanded premises,
or in any part thereof, and for which execution or writ of possession issued,
is thereupon entitled to the entry of a new certificate of title."
SECTION
3. Section 603-29, Hawaii Revised
Statues, is amended to read as follows:
"§603-29
Order to show cause. Whenever a complaint has been filed in
circuit court alleging leased or rented personal property the value of which is
$5,000 or more, has been retained by the defendant fourteen days after the
termination of the lease or rental contract, either by passage of time or by
reason of any default under the terms and conditions of the lease or rental
contract, the plaintiff may petition the court for an order to show cause.
Upon
the filing of the petition with a copy of the lease or rental contract and an
affidavit sworn to by the plaintiff or some competent affiant setting forth a
statement of facts sufficient to show the termination of the lease or rental
contract, the court may issue an order directing the defendant to either return
the leased or rented personal property to the plaintiff or to appear and show
cause for the possession at such time as the court shall direct but not later
than ten days from the date of service of the order to show cause. The order to show cause shall also provide
that if the leased or rented personal property is not returned to the plaintiff
prior to the hearing, the defendant shall, if reasonably feasible, produce the
property at the hearing. If, at the
hearing, it is proved to the satisfaction of the court that the plaintiff is
entitled to possession of the leased or rented personal property, it shall
issue an order directed to the sheriff, deputy sheriff, [or person
authorized by the rules of court,] police officer, or independent civil
process server from the department of public safety's list under section 353C-10
commanding the sheriff, deputy sheriff, [or other person authorized by the
rules of court] police officer, or independent civil process server
to seize the personal property therein described and to deliver the same to the
plaintiff or the plaintiff's agent.
Service of the order to show cause shall be as provided by law or rule
of court for cases in the circuit courts, or by registered mail or by certified
mail with return receipt showing delivery within the circuit."
SECTION
4. Section 604-6.2, Hawaii Revised
Statutes, is amended to read as follows:
"§604-6.2 Order to show cause. Upon the filing of a complaint with a copy of
a lease or rental contract and an affidavit sworn to by the plaintiff or some
competent affiant setting forth a statement of facts sufficient to show that
the leased or rented personal property has been in the defendant's possession
at least fourteen days after the termination of the lease or rental contract,
either by passage of time or by reason of any default under the terms and
conditions of the lease or rental contract, the court may issue an order directing
the defendant to either return the leased or rented personal property to the
plaintiff or to appear and show cause for the possession at such time as the
court shall direct, but not later than ten days from the date of service of the
order to show cause. The order to show
cause shall also provide that, if the leased or rented personal property is not
returned to the plaintiff prior to the hearing, the defendant shall, if
reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the
satisfaction of the court that the plaintiff is entitled to possession of the
leased or rented personal property, it shall issue an order directed to the
sheriff, deputy sheriff, [or other person authorized by the rules of court]
police officer, or independent civil process server from the department of
public safety's list under section 353C-10 commanding the sheriff, deputy
sheriff, [or a person authorized by the rules of court] police
officer, or independent civil process server to seize the personal property
therein described and to deliver the same to the plaintiff or the plaintiff's
agent. Service of the order to show
cause shall be as provided by law or rule of court for cases in the district
courts, or by registered mail or by certified mail with return receipt showing
delivery within the State."
SECTION
5. Section 607-4, Hawaii Revised
Statutes, is amended by amending subsection (d) to read as follows:
"(d)
Fees of sheriff, deputy sheriff, police
officer, or [other person authorized by the rules of court:] independent
civil process server from the department of public safety's list under section
353C-10 shall be as provided under section 607-8(a)."
SECTION
6. Section 607-8, Hawaii Revised
Statutes, is amended by amending the title and subsection (a) to read as
follows:
"§607-8 Fees of sheriff, deputy sheriff, police
officer, serving or levying officer, or [other person authorized
by the rules of court in circuit court, intermediate appellate court, or
supreme court.] independent civil process server. (a) For
all necessary travel in making the service, per mile for every mile more than
one. . . . . . . . 60 cents provided that:
(1) No allowance shall be made where the serving
individual uses a conveyance furnished the serving individual by the State, or
any political or municipal subdivision thereof;
(2) Where the serving individual serves more than
one person in the course of one trip, the serving individual shall not charge,
in the aggregate for all services more than the mileage for the entire trip;
and
(3) As far as practicable, in order to minimize
the mileage fees for the service, the sheriff or [other] chief of police
of the serving police officers, or [other person authorized by
the rules of court where service of process is to be made upon an island other
than that upon which is situated the court issuing the process,] independent
civil process server from the department of public safety's list under section
353C-10 shall cause the process to be transmitted to the sheriff, deputy
sheriff, the chief of police, [other person authorized by the rules of
court, or other serving individual] a police officer, or an independent
civil process server upon the island of service who shall make the service
upon receipt of the process; and the service shall be valid, notwithstanding
that the process may not be addressed to the individual actually making the
service or to the individual's superior.
For
serving criminal summons or any other criminal process except a subpoena, for
each person served therewith . . . . . . . . . . . . . . . . . . . . $30
effective July 1, 2001. Service of
criminal summons or any other criminal process shall be made only by persons
authorized to serve criminal summons [in accordance with rules of court].
For
serving civil summons, subpoena, subpoena duces tecum, or any other civil
process, except [a subpoena or] a garnishee summons, for each person
served therewith . . . . . . . . . . . . . . . . . . . .$43 effective July 1, 2015.
For
serving: garnishee summons, for each
person . . . . . . . . . . . . . . . . . . . . . . . . .$30 effective July 1, 2015.
For
returning as unserved after due and diligent search any process when it has
been found that the person to be served has left the State . . . . . . . . . .
. . . . . . . . . .$10 effective July 1, 2015.
For
serving any execution or other process for the collection of money, for every
dollar collected up to $10,000 . . . . . . . . . . . . . . . . . . . . 5 cents.
And
for every dollar over $10,000 . . . . . . 2-1/2 cents.
All
fees paid to any printer for publishing an advertisement of the sale of any
property.
For
every bill of sale . . . . . . . . . . . . . . . . .$4.
For
executing and acknowledging a deed pursuant to a sale of real estate to be paid
by the grantee in the deed . . . .$10.
For
drawing any bond required by law . . . . . . . . . .$4.
For
serving writ of possession or restitution, putting any person entitled into the
possession of premises, and removing a tenant pursuant to order of court . . .
. . . . . . . . . . $40.
Together
will all necessary expenses incurred by the individual serving the writ,
incident to the eviction.
For
selling any property on an order from the court other than an execution, the
same allowance as for service and sales by execution.
The
fees for service of executions, attachments, and collection of judgments,
together with all costs incurred after judgment rendered, not included in the
judgment, in all courts of the State, shall be collected in addition to the sum
directed to be levied and collected in the writ.
In
lieu of any fee under this subsection, the fee may be an hourly rate of not
less than $50 per hour agreed upon in advance between the party requesting the
service and the sheriff, deputy sheriff, police officer, or [other person
authorized by the rules of court] independent civil process server
performing the service."
SECTION
7. Section 633-8, Hawaii Revised
Statutes, is amended to read as follows:
"§633-8 Order to show cause. Upon the filing of a complaint with a copy of
a lease or rental contract and an affidavit sworn to by the plaintiff or some
competent affiant setting forth a statement of facts sufficient to show that
the leased or rented personal property has been in the defendant's possession
at least fourteen days after the termination of the lease or rental contract,
either by passage of time or by reason of any default under the terms and
conditions of the lease or rental contract, the court may issue an order directing
the defendant to either return the leased or rented personal property to the
plaintiff or to appear and who cause for the possession at such time as the
court shall direct, but not later than five days from the date of service of
the order to show cause. The order to
show cause shall also provide that, if the leased or rented personal property
is not returned to the plaintiff prior to the hearing, the defendant shall, if
reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the
satisfaction of the court that the plaintiff is entitled to possession of the
leased or rented personal property, it shall issue an order directed to the
sheriff, deputy sheriff, [or other person authorized by the rules of court]
police officer, or independent civil process server from the department of
public safety's list under section 353C-10 commanding the sheriff, deputy
sheriff, [or other person authorized by the rules of court] police
officer, or independent civil process server to seize the personal property
therein described and to deliver the same to the plaintiff or the plaintiff's
agent. Service of the order to show
cause shall be as provided by law or rule of court for cases in the district
courts, or by registered mail or by certified mail with return receipt showing
delivery within the circuit."
SECTION
8. Section 634-11, Hawaii Revised
Statutes, is amended to read as follows:
"§634-11
Interpleader; application for order by
sheriff [or other person authorized by the rules of court.],
deputy sheriff, police officer, or independent civil process server. When, in the execution of process against
good and chattels issued by or under the authority of the courts of the State,
by reason of claims made to such goods and chattels by assignees of bankrupts
and other persons not being the parties against whom such process had issued,
whereby the sheriff, deputy sheriffs, [other] police officers, or
[persons authorized by the rules of court] independent civil process
servers from the department of public safety's list under section 353C-10
are exposed to the hazard and expense of actions, any such claim shall
be made to any goods or chattels taken or intended to be taken in execution
under any such process or to the proceeds or value thereof, it shall be lawful
for the court, out of which the execution shall have issued, or any judge
thereof, upon application of the sheriff, deputy sheriff, [other] police
officer, or [other person authorized by the rules of court,] independent
civil process server made before or after the return of such process, and
as well before as after any action brought against the sheriff, deputy sheriff,
[other] police officer, or [other person authorized by the
rules of court,] independent civil process server to call before it
or the judge by rule, order, or summons, as well the party issuing such process
as the party making the claim. Thereupon
the court or judge shall, for the adjustment of the claims and the relief and
protection of the sheriff, deputy sheriff, [other] police
officer, or [other person authorized by the rules of court,] independent
civil process server, make such rules, orders, and decisions as shall
appear to be just according to the circumstances of the case. The costs of all such proceedings shall be in
the discretion of the court or judge."
SECTION
9. Section 634-12, Hawaii Revised
Statutes, is amended to read as follows:
"§634-12
Sale of property seized on execution,
when. When goods or chattels have
been seized in execution by the sheriff, deputy sheriff, [other] a
police officer[, or other person authorized by the rules of court], or
an independent civil process server from the department of public safety's list
under section 353C-10 under process of any court, and some third person
claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to
the goods and chattels by way of security for a debt, the court or a judge may
order a sale of the whole or part thereof, upon such terms as to the payment of
the whole or part of the secured debt or otherwise as it or the judge shall think
fit; and may direct the application of the proceeds of sale in such manner and
upon such terms as to the court or judge may seem just."
SECTION
10. Section 634-22, Hawaii Revised
Statutes, is amended to read as follows:
"§634-22
Return. In all cases where any process or order of a
court is served by any officer of the court or of the police force or the
sheriff, deputy sheriff, an independent civil process server from the
department of public safety's list under section 353C-10, or any
investigator appointed and commissioned by the director of commerce and
consumer affairs pursuant to section 26-9(j), a record thereof shall be endorsed
upon the back of the process, complaint, order, or citation. The record shall state the name of the person
served and the time and place of service and shall be signed by the sheriff,
deputy sheriff, police officer, independent civil process server, or
investigator making the service. If
the [officer] sheriff, deputy sheriff, police officer, independent
civil service process server, or investigator fails to make service,
the [officer,] sheriff, deputy sheriff, police officer, independent
civil process server, or investigator in like manner, shall endorse the
reason for the [officer's] sheriff, deputy sheriff, police officer,
independent civil process server, or investigator's failure and sign this
record. When service is made by a person
specially appointed by the court, or [a person authorized by the rules of
court, the person] an independent civil process server, that person
shall make declaration or affidavit of that service.
The
record [or the], declaration, or affidavit shall be prima facie
evidence of all it contains, and no further proof thereof shall be required
unless either party desires to examine the sheriff, deputy sheriff, police
officer [or person], independent civil process server, or
investigator making service, in which case the sheriff, deputy sheriff,
police officer [or person], independent civil process server, or
investigator shall be notified to appear for examination."
SECTION
11. Section 634-29, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§634-29[]] In case of attachment, etc., of real
property. In all cases of
attachment, sequestration, or injunction of real property, the sheriff,
deputy sheriff, police officer, or independent civil process server from
the department of public safety's list under section 353C-10 serving the
writ shall, in addition to personal delivery of a copy thereof to the
defendant, post upon the premises a copy of the process, and a notice of the
day and hour when attached, sequestrated, or enjoined, and shall also give
notice thereof in a newspaper or newspapers suitable for the advertisement of
judicial proceedings. But in all cases
where a writ of attachment is issued in accordance with chapter 651 relating to
attachments, and the defendant in attachment was never a resident of the State
or has departed from the State or secretes oneself so that the writ of
attachment cannot be personally served upon the defendant, personal service of
the writ upon the defendant may be dispensed with. All after-leases, mortgages, sales, devises,
assignments, trusts, or other conveyances of the property, until the
dissolution of the process, shall be void in law as against the plaintiff in
such cases."
SECTION
12. Section 651-1, Hawaii Revised
Statutes, is amended to read as follows:
"§651-1 General provisions. (a) This chapter shall apply to circuit and
district courts. A judge of any court of
record may make any order at chambers which may by the provisions of this
chapter be made by the court in term time.
When the proceedings are before a district judge, the judge shall be
regarded as the clerk of the court for all purposes contemplated herein. The phrase "police officer", as
used in this chapter, means the director of public safety or the director's
duly authorized representative, any chief of police or subordinate police
officer, or [a person authorized by the rules of court.] an
independent civil process server on the list maintained by the department of
public safety pursuant to section 353C-10.
Nothing in this chapter shall be construed to permit a district judge to
issue a writ of attachment to be served out of the circuit in which the judge's
court is situated, or to permit an attachment of real estate, or any interest
therein, under a writ issued by a district court judge.
(b)
The department of public safety, the
State, and the agencies, officers, and employees of the department of public
safety or the State shall not be responsible or liable for the actions of any
independent civil process servers on the list maintained by the department of
public safety pursuant to section 353C-10.
The maintenance of the list pursuant to section 353C-10 shall not create
a private cause of action against the department of public safety, the State,
or the agencies, officers, and employees of the department of public safety or
the State.
(c)
Nothing in this chapter shall be
construed to make an independent civil process server a law enforcement
officer, sheriff, or deputy sheriff, or an employee or agent of the department
of public safety or the State."
SECTION
13. Section 652-1.5, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Except as provided in subsection (e),
any creditor desiring to secure a garnishment process before judgment shall
attach the creditor's petition for process, summons, and direction to the
following documents:
(1) An application, directed to the court to which
such action is made returnable, for garnishee process to issue under section
652-1(a);
(2) An affidavit sworn to by the creditor or some
competent affiant setting forth a statement of facts sufficient to show that
probable validity exists to sustain the validity of the creditor's claim;
(3) An order that a hearing be held before the
court or a judge thereof to determine whether or not the garnishee process
should be granted and that notice of such hearing be given to the defendant
debtor; and
(4) A summons directed to [a proper officer]
the sheriff, deputy sheriff, a police officer, or an independent civil
process server from the department of public safety's list under section 353C-10
commanding the [officer] sheriff, deputy sheriff, police officer, or
independent civil process server to serve upon the debtor at least four
days prior to the date of the hearing, pursuant to chapter 634, the
application, a true and attested copy of the petition, summons, and direction,
the affidavit, and the order and notice of hearing."
SECTION
14. Section 652-2, Hawaii Revised
Statutes, is amended to read as follows:
"§652-2
Garnishee, rights, duties; collection by
[levying officer.] sheriff, deputy sheriff, police
officer, or independent civil process server. The garnishee shall, when summoned before
judgment rendered against [his] the garnishee's principal, if [he]
the garnishee desires, be admitted to defend [his] the
garnishee's principal in the action.
If
judgment is rendered in favor of the plaintiff, and likewise in all cases in
which the garnishee is summoned after judgment, the garnishee fund, or such
part thereof as may be sufficient for that purpose, shall be liable to pay the
same. The plaintiff on praying out
execution shall be entitled to have included in the execution an order
directing the [officer] sheriff, deputy sheriff, police officer, or
independent civil process server from the department of public safety's list
under section 353C-10 serving the same to make demand of the garnishee for
the goods and effects of the defendant secured in [his] the garnishee's
hands, whose duty it will be to expose the same to be taken on execution, and
also to make demand of the garnishee for the debt or wages secured in [his]
the garnishee's hands or the moneys held by [him] the
garnishee for safekeeping, or such part thereof as may satisfy the
judgment. It shall be the duty of the
garnishee to pay the same. If the
garnishee has in any manner disposed of the goods and effects or does not
expose and subject the same to be taken on execution, or if the garnishee does
not pay to the [officer,] sheriff, deputy sheriff, police officer, or
independent civil process server when demanded, the debt or wages or moneys
held for safekeeping, the garnishee shall be liable to satisfy the judgment out
of [his] the garnishee's own estate, as [his] the
garnishee's own proper debt, if the goods or effects or debt or wages or
moneys held for safekeeping, be of sufficient value or amount and, if not, then
to the value of the same; provided that every garnishee, whether summoned
before or after judgment, shall be allowed to retain or deduct from the goods,
effects, and credits of the defendant in [his] the garnishee's
hands at the time of service all demands against the defendant of which [he]
the garnishee could have availed [himself] the garnishee's
self if [he] the garnishee had not been [garnisheed,] garnished,
whether the same are at the time due or not, and whether by setoff on a trial
or by setoff of judgments or executions between [himself] the
garnishee and the defendant, and shall be liable only for the balance after
adjustment of all mutual demands between [himself] the garnishee
and the defendant; provided that in such adjustment no demands for unliquidated
damages for wrongs or injuries shall be included, and that the judgment shall
show the amount of any setoff.
No
garnishee shall be liable to anyone for the nonpayment of any sum or for the
nondelivery of any goods or effects when the garnishee in good faith believes, or
has reason to believe, that garnishment or other process affects the same,
though such be not the case, but this paragraph shall not supersede section
652-9 where the same are applicable."
SECTION
15. Section 652-2.5, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§652-2.5[]] Service on garnishee. Service of the copy upon the garnishee may be
made in any of the manners here described, namely:
(1) If the garnishee lives or has an office in the
district in which process is issued, by the [serving officer's] sheriff,
deputy sheriff, police officer, or independent civil process server from the
department of public safety's list under section 353C-10 handing a copy to
the garnishee in person or leaving it in the garnishee's office in charge of
some deputy or clerk or other employees or attache of the office; or
(2) If the garnishee lives in a district other
than that in which the process was issued, by the [serving officer's] sheriff,
deputy sheriff, police officer, or independent civil process server handing
a copy to the garnishee in person, or by mailing it in a sealed envelope,
registered or certified, postage prepaid, return receipt requested, and
addressed to the garnishee's last known home or business address."
SECTION
16. Section 652-2.6, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a)
In case of service upon the garnishee,
the [serving officer's] certificate of service or, if by mail, a copy of
the return receipt provided by the sheriff, deputy sheriff, police officer,
or independent civil process server from the department of public safety's list
under section 353C-10 shall be prima facie proof of the service."
SECTION
17. Section 654-2, Hawaii Revised
Statutes, is amended to read as follows:
"§654-2 Bond.
When the plaintiff desires the immediate delivery of the property, the
plaintiff shall execute a bond to the defendant in possession of the property,
and to all persons having an interest in the property, of such amount and with
such sureties as are approved by the court, conditioned that the plaintiff will
prosecute the plaintiff's action to judgment without delay, and deliver the
property to the defendant in possession or any other person, if such delivery
is adjudged, and pay all costs and damages that may be adjudged against the
plaintiff. Upon the filing of the
verified complaint or affidavit with the bond and a motion for immediate
consideration of the matter, the court shall forthwith inquire into the matter,
ex parte or otherwise, as in its discretion it determines. If thereupon the court finds that a prima
facie claim for relief has been established, it shall issue an order directed
to the sheriff, [or the] sheriff's deputy, [or the] chief of
police, [or] an authorized police officer of any county[, or a person
authorized by the rules of court], or an independent civil process
server from the department of public safety's list under section 353C-10 to
take the property therein described and deliver the same to the plaintiff.
Copies
of the verified complaint or affidavit, and, if a bond for immediate seizure
has been filed, of the bond, and, if an order for the taking has been issued on
an ex parte hearing, of the order, shall forthwith be served upon the defendant
in possession and each person having or claiming a possessory interest in the
property, in the same manner as is provided for service of summons unless the
party to be served has appeared in the action, in which case service may be
made in the same manner as is provided for service of papers other than the
summons. In a proper case, either before
or after issuance of an order for the taking, the required service may be
combined with the publication of the summons, in which event the giving of notice
of the substance of the proceeding shall be sufficient.
Upon
the application of any party, the proceeding shall be advanced and assigned for
hearing at the earliest possible date."
SECTION
18. Section 666-11, Hawaii Revised
Statutes, is amended to read as follows:
"§666-11 Judgment; writ of possession. If it is proved to the satisfaction of the
court that the plaintiff is entitled to the possession of the premises, the
plaintiff shall have judgment for possession, and for the plaintiff's
costs. Execution shall issue accordingly. The writ of possession shall issue to the
sheriff, deputy sheriff, police officer[, or other person authorized by the
rules of court of the circuit where the premises are situated], or
independent civil process server from the department of public safety's list under
section 353C-10, commanding the sheriff, deputy sheriff, police officer[,
or other person authorized by the rules of court], or independent civil
process server to remove all persons from the premises, and to put the
plaintiff, or the plaintiff's agent, into the full possession thereof."
SECTION
19. Section 666-21, Hawaii Revised
Statutes, is amended by amending subsection (b) to read as follows:
"(b)
If the tenant is unable to comply with
the court's order under subsection (a) in paying the required amount of rent to
the court, the landlord shall have judgment for possession and execution shall
issue accordingly. The writ of
possession shall issue to the sheriff, deputy sheriff, police officer[, or
other person authorized by the rules of court of the circuit where the premises
are situated], or independent civil process server from the department
of public safety's list under section 353C-10, ordering the sheriff, deputy
sheriff, police officer[, or other person authorized by the rules of court],
or independent civil process server to remove all persons and possessions
from the premises, and to put the landlord, or the landlord's agent, into full
possession of the premises."
SECTION
20. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
SECTION
21. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION
22. This Act shall take effect upon its
approval.
INTRODUCED BY: |
_____________________________ |
|
BY REQUEST |
Report Title:
Department of Public Safety; Independent Civil Process Servers
Description:
Re-enacts section 353C-10, Hawaii Revised Statutes, to authorize the Department of Public Safety to maintain a list of independent civil process servers and amends several statutes to allow process servers to serve specific types of legal documents.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.