Report Title:

Service of Process Fees; Sheriffs and Police Officers

 

Description:

Increases amounts for service of process by sheriffs and police.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1334

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FEES OF THE SHERIFF'S OFFICE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to raise the fees of the sheriff's office to a level comparable to a national standard.

SECTION 2. Section 607-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Sheriff's or police officer's fees:

(1) For serving any criminal summons, warrant, attachment, or other criminal process, [$20] $30 effective July 1, [1990.] 2001.

(2) For serving any civil summons, warrant, attachment, or other civil process, [$15] $25 effective July 1, [1990.] 2001.

(3) For every copy of an attachment and inventory of the property attached, served upon the defendant, [$1.50.] $2.

(4) For serving any execution, [12] 20 cents for every $1 collected up to [$50,] $100, and [7] 15 cents for every $1 over [$50.] $100.

(5) [For serving subpoena or garnishee summons, $10.] For serving: subpoena, $25; and subpoena duces tecum or garnishee summons, $15 effective July 1, 2001.

(6) For every mile of travel, more than one, in serving any process, [35] 40 cents; provided that (A) no allowance shall be made where the serving officer uses a conveyance furnished the serving officer by the State, or any political or municipal subdivision thereof; (B) where the serving officer serves more than one person in the course of one trip, the serving officer shall not charge, in the aggregate for all services, more than the mileage for the entire trip; and (C) as far as practicable, in order to minimize the mileage fees for the service, the sheriff or other chief of the serving officers, where service of process is to be made upon an island other than that upon which is situated the court issuing the process, shall cause the process to be transmitted to a deputy, the chief of police or other serving officer 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 officer actually making the service or to the officer's superior."

SECTION 3. Section 607-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) For all necessary travel in making the service, per mile for every mile more than one...[35] 40 cents provided that:

(1) No allowance shall be made where the serving officer uses a conveyance furnished the serving officer by the State, or any political or municipal subdivision thereof;

(2) Where the serving officer serves more than one person in the course of one trip, the serving officer 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 the serving officers, where service of process is to be made upon an island other than that upon which is situated the court issuing the process, shall cause the process to be transmitted to a deputy, the chief of police, or other serving officer 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 officer actually making the service or to the officer's superior.

For serving criminal summons or any other criminal

process except a subpoena, for each person served

therewith [$20] $30 effective July 1, [1990.] 2001.

For serving civil summons or any other civil process,

except a subpoena or a garnishee summons, for each person

served therewith [$15] $25 effective July 1, [1990.] 2001.

For serving: subpoena, for each person, $25; and

subpoena duces tecum or garnishee summons, for each

person [$10.] $15 effective July 1, 2001.

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 [$2.] $5 effective July 1, 2001.

For serving any execution or other process for the collection of money, for every dollar collected up

to $500 [5] 10 cents.

And for every dollar over $500 [2-1/2] 5 cents.

All fees paid to any printer for publishing an advertisement of the sale of any property.

For every bill of sale [$1.] $2.

For executing and acknowledging a deed pursuant to a sale

of real estate to be paid by the grantee in the deed [$5.] $8.

For drawing any bond required by law [$1.] $2.

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 [$1.] $25.

Together with all necessary expenses incurred by the officer 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."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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