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REFERENCE TITLE: constables; pending eviction notification; mileage |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1130 |
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Introduced by Senator Engel: Representative Jermaine
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AN ACT
amending sections 22‑131 and 22‑132, Arizona Revised Statutes; relating to constables.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 22-131, Arizona Revised Statutes, is amended to read:
22-131. Constables; powers and duties; prohibited acts
A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties shall execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority. In addition to any other provision of law, these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt.
B. Constables shall attend the training prescribed in section 22‑137.
C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41‑1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices. The appointments shall be in writing.
D. The provisions of law relating to sheriffs, as far as applicable, shall govern the powers, duties and liabilities of constables.
E. A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties.
F. A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed.
G. A constable may provide a person who is subject to a pending eviction with a notice advising the person of the pending eviction and any additional information that may assist the person in the eviction process. The provided notification or information must clearly state on its face that it is not a writ of restitution or execution.
G. H. A constable is prohibited from engaging in any act as a private process server outside of the constable's elected or appointed duties. A constable shall not own an interest in any entity that operates a private process serving business.
Sec. 2. Section 22-132, Arizona Revised Statutes, is amended to read:
22-132. Expenses
Constables shall be allowed by the board of supervisors, as a county charge, the actual and necessary expenses incurred in training as required by section 22‑137, pursuing defendants, transacting business relating to civil and criminal matters and serving notices and processes, including any notice or information that is provided pursuant to section 22‑131, subsection G, except that the allowable expenses for service of process in civil actions shall be as provided in section 11‑445.