AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SERVICE OF PROCESS.

Plain English Breakdown

The official source material does not provide specific details on what happens after a correctional officer leaves employment, only that service of process must follow applicable statutes and court rules.

Act to Change How Papers Are Given to Correctional Officers

This act changes how legal papers can be served on correctional officers who work for or used to work for the state of Delaware.

What This Bill Does

• Changes rules about giving legal papers (called service of process) to correctional officers while they are working for the state.
• Specifies that when a correctional officer is still employed by the state, legal papers must be given at their workplace, not at home.

Who It Names or Affects

• Correctional officers who work or used to work for the State of Delaware.
• People or organizations that need to serve legal papers on these correctional officers.

Terms To Know

Service of process

The way a person is officially given legal papers, like a summons or complaint, in court cases.

Correctional officer

A person who works for the state to supervise and manage prisoners in jails or prisons.

Limits and Unknowns

• Does not explain what happens if a correctional officer is no longer employed by the state but still lives in Delaware.
• The exact date when this act will start being used is not known yet.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SERVICE OF PROCESS.
This Act creates the legal framework for serving a correctional officer when they are employed by the State and when they are no longer employed by the State.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Hoffner & Rep. Carson

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 184

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SERVICE OF PROCESS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1:

Amend Chapter 31, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3115. Service of process on a correctional officer.

(a) As long as a correctional officer remains employed by the State, service of process on a correctional officer, for civil actions against the correctional officer arising out of their role as a correctional officer, must be made by leaving a copy of the summons and complaint at that correctional officer’s regular place of business with a person over the age of 18.

(b) Once a correctional officer is no longer employed by the State, service of process on a correctional officer, for civil actions against the correctional officer arising out of their role as a correctional officer, must be made in accordance with the applicable statues and court rules for service of process.

(c) When service of a process on a correctional officer is made under this section, there shall be no service of process on the correctional officer at their home and their home address must not be listed on any praecipe or similar document filed with a court of this State.

(d) Nothing in this section shall be construed to limit or supersede the requirements of § 3103(c) of this title when it would otherwise apply.

SYNOPSIS

This Act creates the legal framework for serving a correctional officer when they are employed by the State and when they are no longer employed by the State.

Author: Senator Hoffner