Bill Text: VA SB291 | 2022 | Regular Session | Prefiled
Bill Title: Service of process; investigator employed by an attorney for the Commonwealth, etc.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-04-08 - Governor: Acts of Assembly Chapter text (CHAP0248) [SB291 Detail]
Download: Virginia-2022-SB291-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-293 of the Code of Virginia is amended and reenacted as follows:
§8.01-293. Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property.
A. The following persons are authorized to serve process:
1. The sheriff within such territorial bounds as described in §8.01-295;
2. Any person of age
18 years of age or older and who is not
a party or otherwise interested in the subject matter in controversy. For
purposes of this subdivision, an investigator employed by an attorney for the
Commonwealth or employed by the Indigent Defense Commission,
who within 10 years 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 and retired or resigned
from his position as a law-enforcement officer in good standing,
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 may serve
process. If a sheriff has
agreed that such investigators may serve process, then investigators employed
by either an attorney for the Commonwealth or the Indigent Defense Commission
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 such summons is
served on school property, it shall be served only by a sheriff or his deputy;
or
3. A private process server. 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, return, or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.
B. Notwithstanding any other provision of law (i) only a
sheriff or high constable may execute an order or writ of possession for
personal, real, or mixed property, including
a writ of eviction arising out of an action in unlawful entry and detainer or
ejectment; (ii) any sheriff, high constable,
or law-enforcement officer as defined in §9.1-101 of the
Code of Virginia may serve any capias or show cause order;
and (iii) only a sheriff, the high constable for the City of Norfolk or
Virginia Beach, or a treasurer may levy upon
property.