BILL NUMBER: AB 361	CHAPTERED
	BILL TEXT

	CHAPTER  295
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE ASSEMBLY  AUGUST 30, 2005
	PASSED THE SENATE  AUGUST 25, 2005
	AMENDED IN SENATE  JUNE 28, 2005
	AMENDED IN ASSEMBLY  APRIL 18, 2005
	AMENDED IN ASSEMBLY  APRIL 11, 2005
	AMENDED IN ASSEMBLY  MARCH 31, 2005

INTRODUCED BY   Assembly Member Sharon Runner

                        FEBRUARY 11, 2005

   An act to amend Section 1189 of the Civil Code, to amend Section
8225 of, and to add Sections 8214.8 and 8228.1 to, the Government
Code, and to amend Section 470 of the Penal Code, relating to
notaries public.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 361, Sharon Runner  Notaries public.
   Existing law generally sets forth the procedures for proof and
acknowledgment of instruments executed before notaries public and
prescribes administrative penalties and civil fines for violation of
provisions that govern notaries public.
   This bill would make it a misdemeanor for a notary public to
willfully fail to perform the required duties of a notary public or
to willfully fail to keep the seal of the notary under his or her
direct and exclusive control. The bill would require a court to
revoke the commission of a notary public, upon conviction of any
offense related to his or her duties, or of any felony and would
require surrender to the court of the seal of the notary public,
which would then be forwarded to the Secretary of State. The bill
would make other related changes. By creating new crimes, this bill
would impose a state-mandated local program.
  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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1189 of the Civil Code is amended to read:
   1189.  (a) Any certificate of acknowledgment taken within this
state shall be in the following form:



State of            )
California

County of ________  )



  On ______________________________________ before
me, (here insert name and title of the

officer), personally appeared ___________        ,

personally known to me (or proved to me on the
basis       of

satisfactory evidence) to be the person(s) whose
name(s) is/are

subscribed to the within instrument and
acknowledged to me that

he/she/they executed the same in his/her/their
authorized

capacity(ies), and that by his/her/their
signature(s) on the

instrument the person(s), or the entity upon
behalf of which the

person(s) acted, executed the instrument.

  WITNESS my hand and official seal.

Signature ________________________________  (Seal)


   (b) Any certificate of acknowledgment taken in another place shall
be sufficient in this state if it is taken in accordance with the
laws of the place where the acknowledgment is made.
   (c) On documents to be filed in another state or jurisdiction of
the United States, a California notary public may complete any
acknowledgment form as may be required in that other state or
jurisdiction on a document, provided the form does not require the
notary to determine or certify that the signer holds a particular
representative capacity or to make other determinations and
certifications not allowed by California law.
   (d) An acknowledgment provided prior to January 1, 1993, and
conforming to applicable provisions of former Sections 1189, 1190,
1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the
Statutes of 1990, shall have the same force and effect as if those
sections had not been repealed.
  SEC. 2.  Section 8214.8 is added to the Government Code, to read:
   8214.8.  Upon conviction of any offense in this chapter, or of
Section 6203, or of any felony, of a person commissioned as a notary
public, in addition to any other penalty, the court shall revoke the
commission of the notary public, and shall require the notary public
to surrender to the court the seal of the notary public. The court
shall forward the seal, together with a certified copy of the
judgment of conviction, to the Secretary of State.
  SEC. 3.  Section 8225 of the Government Code is amended to read:
   8225.  (a) Any person who solicits, coerces, or in any manner
influences a notary public to perform an improper notarial act
knowing that act to be an improper notarial act, including any act
required of a notary public under Section 8206, shall be guilty of a
misdemeanor.
   (b) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
  SEC. 4.  Section 8228.1 is added to the Government Code, to read:
   8228.1.  (a) Any notary public who willfully fails to perform any
duty required of a notary public under Section 8206, or who willfully
fails to keep the seal of the notary public under the direct and
exclusive control of the notary public, or who surrenders the seal of
the notary public to any person not otherwise authorized by law to
possess the seal of the notary, shall be guilty of a misdemeanor.
   (b) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
  SEC. 5.  Section 470 of the Penal Code is amended to read:
   470.  (a) Every person who, with the intent to defraud, knowing
that he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
   (b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
   (c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
   (d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier's check, traveler's check, money order, post note,
draft, any controller's warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
   (e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.