PREFILED JAN 09 2026
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REFERENCE TITLE: service of process; evaluation agencies |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1113 |
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Introduced by Senators Werner: Angius, Shope; Representative Gress
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AN ACT
Amending section 36-510.01, Arizona Revised Statutes; relating to mental health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-510.01, Arizona Revised Statutes, is amended to read:
36-510.01. Notice; personal service of process
A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529, subsection E. A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service the documents specified in section 36-536, subsection D. Personal service shall be completed by a peace officer, or a process server or by another person authorized by rule 4, Arizona rules of civil procedure as prescribed by law or court rule or as ordered by the court, personally handing the documents to the person receiving service. The person who serves the specified documents must file a proof of service with the court that specifies the date, time and manner of service.
B. In a proceeding under this chapter involving a petition for court-ordered evaluation or court-ordered treatment, if the proposed patient is inpatient at an evaluation agency at the time the petition is filed, the court may authorize a person employed by the evaluation agency to serve the documents specified in section 36-529, subsection E or SECTION 36-536, subsection D, as applicable, on the proposed patient.
B. C. A county, city or town that employs peace officers may contract with a process server or another person authorized by rule 4, Arizona rules of civil procedure, to provide service pursuant to this section instead of service by a peace officer.
C. D. Except for service on a proposed patient pursuant to subsection B of this section, an evaluation agency is not financially responsible for serving the documents required by section 36-529, subsection E or section 36-536, subsection D.