§ 26666.5. — 26666.5. (Amended (as added by Stats. 2022, Ch. 417, Sec. 5) by Stats. 2023, Ch. 131, Sec. 85.)

(a)
A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served. Any person may deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant.
(b)
(1)
Subject to paragraph (2), a marshal or sheriff, including their department or office, shall not charge or collect a fee for the electronic transmission of documents described in subdivision (a) that exceeds the actual cost incurred in processing the transmission.
(2)
No fee for the electronic transmission of
documents shall be imposed on a litigant who has been granted a fee waiver by an order on court fee waiver or is otherwise exempt from paying fees for service of a summons, order, or other notice under any law, including, but not limited to, subdivision (y) of Section 527.6, subdivision (x) of Section 527.8, or subdivision (x) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2, Section 26721 or 70617 of the Government Code, Section 18121 of the Penal Code, 34 U.S.C. Sec. 10450(a)(1), or 34 U.S.C. Sec. 10461(c)(1)(D).
(c)
This section shall not be construed to require a marshal or sheriff, including their department or office, to attempt service of documents prior to receipt of any fees owed pursuant to this chapter.
(d)
This section shall not be construed to impede a
private process server’s rights or obligations, including, but not limited to, the ability to serve a summons, order, or other notice as requested by a client.
(e)
This section shall become operative on January 1, 2026.

Legislative History

Amended (as added by Stats. 2022, Ch. 417, Sec. 5) by Stats. 2023, Ch. 131, Sec. 85. (AB 1754) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.