Subpoenas: service.

Existing law provides that the process by which the attendance of a witness before a court or magistrate is required in a criminal action is a subpoena, which may be signed and issued by any of specified persons, including courts, district attorneys, and public defenders. A subpoena is required to be substantially in a prescribed form. Existing law authorizes service of a subpoena to be made by delivery of the subpoena to the witness personally, or by mail or messenger. Existing law requires service to be effected when the witness acknowledges receipt of the subpoena to the sender and identifies themselves, as specified. Existing law requires the sender to make a written notation of the identifying information obtained. Existing law makes a failure to comply with a subpoena issued and acknowledged pursuant to these provisions punishable as a contempt. This bill would additionally authorize delivery of a subpoena by electronic mail or facsimile transmission. The bill would specify that delivery of a subpoena pursuant to this provision does not apply to the delivery of a subpoena to a peace officer for events or transactions perceived or investigated in the course of the officer's duties, which is governed by other provisions of law. By applying the punishment of contempt to the failure to comply with a subpoena issued by electronic mail or facsimile transmission, thereby expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law governs the procedures that apply to the issuance of a telegraphic copy of a subpoena for a witness in a criminal proceeding by telegraph or teletype. This bill would repeal those provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.