BILL NUMBER: AB 886 CHAPTERED
BILL TEXT
CHAPTER 399
FILED WITH SECRETARY OF STATE OCTOBER 10, 2007
APPROVED BY GOVERNOR OCTOBER 10, 2007
PASSED THE SENATE SEPTEMBER 10, 2007
PASSED THE ASSEMBLY SEPTEMBER 11, 2007
AMENDED IN SENATE SEPTEMBER 5, 2007
AMENDED IN SENATE AUGUST 1, 2007
AMENDED IN SENATE JULY 18, 2007
AMENDED IN SENATE JUNE 28, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Sharon Runner
FEBRUARY 22, 2007
An act to amend Sections 1185 and 1189 of the Civil Code, and to
amend Sections 6203, 8201.1, 8201.2, 8201.5, 8202, 8206, 8213.5,
8213.6, 8214.1, 8214.2, 8214.15, 8221, 8225, 8228, and 8228.1 of, and
to add Sections 8214.21 and 8214.23 to, the Government Code,
relating to notaries.
LEGISLATIVE COUNSEL'S DIGEST
AB 886, Sharon Runner. Notaries.
Existing law requires a notary public to keep one active
sequential journal of all official acts and requires that the journal
include copies of notarized documents and, in connection with the
signing of a deed, quitclaim deed, or deed of trust affecting real
property, a thumbprint of the signing party.
This bill would apply the thumbprint requirement in connection
with specified notarized documents.
Existing law requires a notary public, when executing various
documents, to determine from personal knowledge or satisfactory
evidence, the existence of certain facts or identities, as specified.
This bill would instead require that this determination be from
satisfactory evidence and would make conforming changes. This bill
would also provide that failure to obtain satisfactory evidence,
under certain circumstances, would subject a notary public to a civil
penalty not to exceed $10,000, enforceable by the Secretary of State
or any public prosecutor.
Existing law requires a notary public to notify the Secretary of
State of any change in the location or address of the principal place
of business or of any name change.
This bill would prohibit a notary from using a commercial mail
receiving agency or post office as his or her principal place of
business or residence, subject to a specific exception. It would make
willful failure to notify the secretary of a change of address or
name to be punishable as an infraction by a fine of not more than
$500.
Existing law authorizes the Secretary of State to refuse to
appoint any person as notary public or to revoke or suspend the
commission of any notary public upon specified grounds. Existing law
also makes specified violations by a notary public punishable by a
civil penalty not to exceed $750 or $1,000.
This bill would recast the provisions under which the secretary
may, and specify provisions under which the secretary shall, refuse
to appoint any person as notary public. It would make conforming
changes to the fine provisions and provide specific civil penalties
if he or she willfully fails to provide access to the journal when
requested by a peace officer, willfully fails to disclose the receipt
of notice of revocation as specified, or fails to obtain a
thumbprint from a party signing a document.
Existing law sets forth the circumstances under which a notary
surrenders a journal of notarial acts to a peace officer.
This bill would require a peace officer to have probable cause, as
defined, to seize a journal of notarial acts and would require that
any applicable requirements of, or exceptions to state and federal
law apply to a peace officer engaged in the search or seizure of a
sequential journal. This bill would set forth the conditions upon
which a notary public may surrender the journal. The bill would
require a peace officer or law enforcement agency that seizes a
journal to notify the Secretary of State, by facsimile, within 24
hours, or as soon as possible, of the name of the notary public whose
journal was seized.
Existing law authorizes the Secretary of State to enforce
provisions of law governing notaries.
This bill would authorize peace officers and public prosecutors to
also enforce specific provisions, and would require a public
prosecutor to notify the Secretary of State when a civil penalty is
imposed for violations of those provisions.
By expanding the duties of public prosecutors, this bill would
constitute 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 1185 of the Civil Code is amended to read:
1185. (a) The acknowledgment of an instrument shall not be taken
unless the officer taking it has satisfactory evidence that the
person making the acknowledgment is the individual who is described
in and who executed the instrument.
(b) For the purposes of this section "satisfactory evidence" means
the absence of any information, evidence, or other circumstances
which would lead a reasonable person to believe that the person
making the acknowledgment is not the individual he or she claims to
be and any one of the following:
(1) (A) The oath or affirmation of a credible witness personally
known to the officer, whose identity is proven to the officer upon
presentation of any document satisfying the requirements of paragraph
(3) or (4), that the person making the acknowledgment is personally
known to the witness and that each of the following are true:
(i) The person making the acknowledgment is the person named in
the document.
(ii) The person making the acknowledgment is personally known to
the witness.
(iii) That it is the reasonable belief of the witness that the
circumstances of the person making the acknowledgment are such that
it would be very difficult or impossible for that person to obtain
another form of identification.
(iv) The person making the acknowledgment does not possess any of
the identification documents named in paragraphs (3) and (4).
(v) The witness does not have a financial interest in the document
being acknowledged and is not named in the document.
(B) A notary public who violates this section by failing to obtain
the satisfactory evidence required by subparagraph (A) shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). An action to impose this civil penalty may be brought by
the Secretary of State in an administrative proceeding or any public
prosecutor in superior court, and shall be enforced as a civil
judgment. A public prosecutor shall inform the secretary of any civil
penalty imposed under this subparagraph.
(2) The oath or affirmation under penalty of perjury of two
credible witnesses, whose identities are proven to the officer upon
the presentation of any document satisfying the requirements of
paragraph (3) or (4), that each statement in paragraph (1) of this
subdivision is true.
(3) Reasonable reliance on the presentation to the officer of any
one of the following, if the document is current or has been issued
within five years:
(A) An identification card or driver's license issued by the
California Department of Motor Vehicles.
(B) A passport issued by the Department of State of the United
States.
(4) Reasonable reliance on the presentation of any one of the
following, provided that a document specified in subparagraphs (A) to
(E), inclusive, shall either be current or have been issued within
five years and shall contain a photograph and description of the
person named on it, shall be signed by the person, shall bear a
serial or other identifying number, and, in the event that the
document is a passport, shall have been stamped by the United States
Immigration and Naturalization Service:
(A) A passport issued by a foreign government.
(B) A driver's license issued by a state other than California or
by a Canadian or Mexican public agency authorized to issue drivers'
licenses.
(C) An identification card issued by a state other than
California.
(D) An identification card issued by any branch of the Armed
Forces of the United States.
(E) An inmate identification card issued on or after January 1,
1988, by the Department of Corrections and Rehabilitation, if the
inmate is in custody.
(F) An inmate identification card issued prior to January 1, 1988,
by the Department of Corrections and Rehabilitation, if the inmate
is in custody.
(c) An officer who has taken an acknowledgment pursuant to this
section shall be presumed to have operated in accordance with the
provisions of law.
(d) Any party who files an action for damages based on the failure
of the officer to establish the proper identity of the person making
the acknowledgment shall have the burden of proof in establishing
the negligence or misconduct of the officer.
(e) Any person convicted of perjury under this section shall
forfeit any financial interest in the document.
SEC. 2. Section 1189 of the Civil Code is amended to read:
1189. (a) (1) 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 __________ ,
who 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.
I certify under PENALTY OF PERJURY under the
laws of the State of
California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
(2) A notary public who willfully states as true any material fact
that he or she knows to be false shall be subject to a civil penalty
not exceeding ten thousand dollars ($10,000). An action to impose a
civil penalty under this subdivision may be brought by the Secretary
of State in an administrative proceeding or any public prosecutor in
superior court, and shall be enforced as a civil judgment. A public
prosecutor shall inform the secretary of any civil penalty imposed
under this section.
(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. 3. Section 6203 of the Government Code is amended to read:
6203. (a) Every officer authorized by law to make or give any
certificate or other writing is guilty of a misdemeanor if he or she
makes and delivers as true any certificate or writing containing
statements which he or she knows to be false.
(b) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code, or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) 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 8201.1 of the Government Code is amended to read:
8201.1. (a) Prior to granting an appointment as a notary public,
the Secretary of State shall determine that the applicant possesses
the required honesty, credibility, truthfulness, and integrity to
fulfill the responsibilities of the position. To assist in
determining the identity of the applicant and whether the applicant
has been convicted of a disqualifying crime specified in subdivision
(b) of Section 8214.1, the Secretary of State shall require that
applicants be fingerprinted.
(b) Applicants shall submit to the Department of Justice
fingerprint images and related information required by the department
for the purpose of obtaining information as to the existence and
content of a record of state and federal convictions and arrests and
information as to the existence and content of a record of state and
federal arrests for which the department establishes that the person
is free on bail, or on his or her recognizance, pending trial or
appeal.
(c) The department shall forward the fingerprint images and
related information received pursuant to subdivision (a) to the
Federal Bureau of Investigation and request a federal summary of
criminal information.
(d) The department shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the Secretary of State pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(e) The Secretary of State shall request from the department
subsequent arrest notification service, pursuant to Section 11105.2
of the Penal Code, for each person who submitted information pursuant
to subdivision (a).
(f) The department shall charge a fee sufficient to cover the cost
of processing the requests described in this section.
SEC. 5. Section 8201.2 of the Government Code is amended to read:
8201.2. (a) The Secretary of State shall review the course of
study proposed by any vendor to be offered pursuant to paragraph (3)
of subdivision (a) and paragraph (2) of subdivision (b) of Section
8201. If the course of study includes all material that a person is
expected to know to satisfactorily complete the written examination
required pursuant to paragraph (4) of subdivision (a) of Section
8201, the Secretary of State shall approve the course of study.
(b) (1) The Secretary of State shall, by regulation, prescribe an
application form and adopt a certificate of approval for the notary
public education course of study proposed by a vendor.
(2) The Secretary of State may also provide a notary public
education course of study.
(c) The Secretary of State shall compile a list of all persons
offering an approved course of study pursuant to subdivision (a) and
shall provide the list with every booklet of the laws of California
relating to notaries public distributed by the Secretary of State.
(d) (1) A person who provides notary public education and violates
any of the regulations adopted by the Secretary of State for
approved vendors is subject to a civil penalty not to exceed one
thousand dollars ($1,000) for each violation and shall be required to
pay restitution where appropriate.
(2) The local district attorney, city attorney, or the Attorney
General may bring a civil action to recover the civil penalty
prescribed pursuant to this subdivision. A public prosecutor shall
inform the Secretary of State of any civil penalty imposed under this
section.
SEC. 6. Section 8201.5 of the Government Code is amended to read:
8201.5. The Secretary of State shall require an applicant for
appointment and commission as a notary public to complete an
application form and submit a photograph of their person as
prescribed by the Secretary of State. Information on this form filed
by an applicant with the Secretary of State, except for his or her
name and address, is confidential and no individual record shall be
divulged by an official or employee having access to it to any person
other than the applicant, his or her authorized representative, or
an employee or officer of the federal government, the state
government, or a local agency, as defined in subdivision (b) of
Section 6252 of the Government Code, acting in his or her official
capacity. That information shall be used by the Secretary of State
for the sole purpose of carrying out the duties of this chapter.
SEC. 7. Section 8202 of the Government Code is amended to read:
8202. (a) When executing a jurat, a notary shall administer an
oath or affirmation to the affiant and shall determine, from
satisfactory evidence as described in Section 1185 of the Civil Code,
that the affiant is the person executing the document. The affiant
shall sign the document in the presence of the notary.
(b) To any affidavit subscribed and sworn to before a notary,
there shall be attached a jurat in the following form:
State of California
County of _______________
Subscribed and sworn to (or affirmed) before me on this _____ day
of _______, 20__, by _________________________, proved to me on the
basis of satisfactory evidence to be the person(s) who appeared
before me.
Seal________________________
Signature___________________
SEC. 8. Section 8206 of the Government Code is amended to read:
8206. (a) (1) A notary public shall keep one active sequential
journal at a time, of all official acts performed as a notary public.
The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the
journal shall be cause for the Secretary of State to take
administrative action against the commission held by the notary
public pursuant to Section 8214.1.
(2) The journal shall be in addition to and apart from any copies
of notarized documents that may be in the possession of the notary
public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed,
acknowledged, or proved before the notary.
(C) The signature of each person whose signature is being
notarized.
(D) A statement as to whether the identity of a person making an
acknowledgment or taking an oath or affirmation was based on
satisfactory evidence. If identity was established by satisfactory
evidence pursuant to Section 1185 of the Civil Code, then the journal
shall contain the signature of the credible witness swearing or
affirming to the identity of the individual or the type of
identifying document, the governmental agency issuing the document,
the serial or identifying number of the document, and the date of
issue or expiration of the document.
(E) If the identity of the person making the acknowledgment or
taking the oath or affirmation was established by the oaths or
affirmations of two credible witnesses whose identities are proven
upon the presentation of satisfactory evidence, the type of
identifying documents, the identifying numbers of the documents and
the dates of issuance or expiration of the documents presented by the
witnesses to establish their identity.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed,
deed of trust affecting real property, or a power of attorney
document, the notary public shall require the party signing the
document to place his or her right thumbprint in the journal. If the
right thumbprint is not available, then the notary shall have the
party use his or her left thumb, or any available finger and shall so
indicate in the journal. If the party signing the document is
physically unable to provide a thumbprint or fingerprint, the notary
shall so indicate in the journal and shall also provide an
explanation of that physical condition. This paragraph shall not
apply to a trustee's deed resulting from a decree of foreclosure or a
nonjudicial foreclosure pursuant to Section 2924 of the Civil Code,
nor to a deed of reconveyance.
(b) If a sequential journal of official acts performed by a notary
public is stolen, lost, misplaced, destroyed, damaged, or otherwise
rendered unusable as a record of notarial acts and information, the
notary public shall immediately notify the Secretary of State by
certified or registered mail. The notification shall include the
period of the journal entries, the notary public commission number,
and the expiration date of the commission, and when applicable, a
photocopy of any police report that specifies the theft of the
sequential journal of official acts.
(c) Upon written request of any member of the public, which
request shall include the name of the parties, the type of document,
and the month and year in which notarized, the notary shall supply a
photostatic copy of the line item representing the requested
transaction at a cost of not more than thirty cents ($0.30) per page.
(d) The journal of notarial acts of a notary public is the
exclusive property of that notary public, and shall not be
surrendered to an employer upon termination of employment, whether or
not the employer paid for the journal, or at any other time. The
notary public shall not surrender the journal to any other person,
except the county clerk, pursuant to Section 8209, or immediately, or
if the journal is not present then as soon as possible, upon request
to a peace officer investigating a criminal offense who has
reasonable suspicion to believe the journal contains evidence of a
criminal offense, as defined in Sections 830.1, 830.2, and 830.3 of
the Penal Code, acting in his or her official capacity and within his
or her authority. If the peace officer seizes the notary journal, he
or she must have probable cause as required by the laws of this
state and the United States. A peace officer or law enforcement
agency that seizes a notary journal shall notify the Secretary of
State by facsimile within 24 hours, or as soon possible thereafter,
of the name of the notary public whose journal has been seized. The
notary public shall obtain a receipt for the journal, and shall
notify the Secretary of State by certified mail within 10 days that
the journal was relinquished to a peace officer. The notification
shall include the period of the journal entries, the commission
number of the notary public, the expiration date of the commission,
and a photocopy of the receipt. The notary public shall obtain a new
sequential journal. If the journal relinquished to a peace officer is
returned to the notary public and a new journal has been obtained,
the notary public shall make no new entries in the returned journal.
A notary public who is an employee shall permit inspection and
copying of journal transactions by a duly designated auditor or agent
of the notary public's employer, provided that the inspection and
copying is done in the presence of the notary public and the
transactions are directly associated with the business purposes of
the employer. The notary public, upon the request of the employer,
shall regularly provide copies of all transactions that are directly
associated with the business purposes of the employer, but shall not
be required to provide copies of any transaction that is unrelated to
the employer's business. Confidentiality and safekeeping of any
copies of the journal provided to the employer shall be the
responsibility of that employer.
(e) The notary public shall provide the journal for examination
and copying in the presence of the notary public upon receipt of a
subpoena duces tecum or a court order, and shall certify those copies
if requested.
(f) Any applicable requirements of, or exceptions to, state and
federal law shall apply to a peace officer engaged in the search or
seizure of a sequential journal.
SEC. 9. Section 8213.5 of the Government Code is amended to read:
8213.5. A notary public shall notify the Secretary of State by
certified mail within 30 days as to any change in the location or
address of the principal place of business or residence. A notary
public shall not use a commercial mail receiving agency or post
office box as his or her principal place of business or residence,
unless the notary public also provides the Secretary of State with a
physical street address as the principal place of residence. Willful
failure to notify the Secretary of State of a change of address shall
be punishable as an infraction by a fine of not more than five
hundred dollars ($500).
SEC. 10. Section 8213.6 of the Government Code is amended to read:
8213.6. If a notary public changes his or her name, the notary
public shall complete an application for name change form and file
that application with the Secretary of State. Information on this
form shall be subject to the confidentiality provisions described in
Section 8201.5. Upon approval of the name change form, the Secretary
of State shall issue a commission that reflects the new name of the
notary public. The term of the commission and commission number shall
remain the same. Willful failure to notify the Secretary of State of
a name change shall be punishable as an infraction by a fine of not
more than five hundred dollars ($500).
SEC. 11. Section 8214.1 of the Government Code is amended to read:
8214.1. The Secretary of State may refuse to appoint any person
as notary public or may revoke or suspend the commission of any
notary public upon any of the following grounds:
(a) Substantial and material misstatement or omission in the
application submitted to the Secretary of State to become a notary
public.
(b) Conviction of a felony, a lesser offense involving moral
turpitude, or a lesser offense of a nature incompatible with the
duties of a notary public. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of this
subdivision.
(c) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct based on dishonesty, or for any cause
substantially relating to the duties or responsibilities of a notary
public.
(d) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public.
(e) When adjudicated liable for damages in any suit grounded in
fraud, misrepresentation, or for a violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties as a notary public.
(f) The use of false or misleading advertising wherein the notary
public has represented that the notary public has duties, rights, or
privileges that he or she does not possess by law.
(g) The practice of law in violation of Section 6125 of the
Business and Professions Code.
(h) Charging more than the fees prescribed by this chapter.
(i) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the notary public or
another, or substantially injure another.
(j) Failure to complete the acknowledgment at the time the notary'
s signature and seal are affixed to the document.
(k) Failure to administer the oath or affirmation as required by
paragraph (3) of subdivision (a) of Section 8205.
(l) Execution of any certificate as a notary public containing a
statement known to the notary public to be false.
(m) Violation of Section 8223.
(n) Failure to submit any remittance payable upon demand by the
Secretary of State under this chapter or failure to satisfy any
court-ordered money judgment, including restitution.
(o) Failure to secure the sequential journal of official acts,
pursuant to Section 8206, or the official seal, pursuant to Section
8207, or willful failure to report the theft or loss of the
sequential journal, pursuant to subdivision (b) of Section 8206.
(p) Violation of Section 8219.5.
(q) Commission of an act in violation of Section 6203, 8214.2,
8225, or 8227.3 of the Government Code or of Section 115, 470, 487,
or 530.5 of the Penal Code.
(r) Willful failure to provide access to the sequential journal of
official acts upon request by a peace officer.
SEC. 12. Section 8214.2 of the Government Code is amended to read:
8214.2. (a) A notary public who knowingly and willfully with
intent to defraud performs any notarial act in relation to a deed of
trust on real property consisting of a single-family residence
containing not more than four dwelling units, with knowledge that the
deed of trust contains any false statements or is forged, in whole
or in part, is guilty of a felony.
(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. 13. Section 8214.15 of the Government Code is amended to
read:
8214.15. (a) In addition to any commissioning or disciplinary
sanction, a violation of subdivision (f), (i), (l), (m), or (p) of
Section 8214.1 is punishable by a civil penalty not to exceed one
thousand five hundred dollars ($1,500).
(b) In addition to any commissioning or disciplinary sanction, a
violation of subdivision (h), (j), or (k) of Section 8214.1, or a
negligent violation of subdivision (d) of Section 8214.1 is
punishable by a civil penalty not to exceed seven hundred fifty
dollars ($750).
(c) The civil penalty may be imposed by the Secretary of State if
a hearing is not requested pursuant to Section 8214.3. If a hearing
is requested, the hearing officer shall make the determination.
(d) Any civil penalties collected pursuant to this section shall
be transferred to the General Fund. It is the intent of the
Legislature that to the extent General Fund moneys are raised by
penalties collected pursuant to this section, that money shall be
made available to the Secretary of State's office to defray its costs
of investigating and pursuing commissioning and monetary remedies
for violations of the notary public law.
SEC. 14. Section 8214.21 is added to the Government Code, to read:
8214.21. A notary public who willfully fails to provide access to
the sequential journal of notarial acts when requested by a peace
officer shall be subject to a civil penalty not exceeding two
thousand five hundred dollars ($2,500). An action to impose a civil
penalty under this subdivision may be brought by the Secretary of
State in an administrative proceeding or any public prosecutor in
superior court, and shall be enforced as a civil judgment. A public
prosecutor shall inform the secretary of any civil penalty imposed
under this section.
SEC. 15. Section 8214.23 is added to the Government Code, to read:
8214.23. (a) A notary public who fails to obtain a thumbprint, as
required by Section 8206, from a party signing a document shall be
subject to a civil penalty not exceeding two thousand five hundred
dollars ($2,500). An action to impose a civil penalty under this
subdivision may be brought by the Secretary of State in an
administrative proceeding or any public prosecutor in superior court,
and shall be enforced as a civil judgment. A public prosecutor shall
inform the secretary of any civil penalty imposed under this
section.
(b)
Notwithstanding any other limitation of time described in Section 802
of the Penal Code, or any other provision of law, prosecution for a
violation of this offense shall be commenced within four years after
discovery of the commission of the offense, or within four years
after the completion of the offense, whichever is later.
SEC. 16. Section 8221 of the Government Code is amended to read:
8221. (a) If any person shall knowingly destroy, deface, or
conceal any records or papers belonging to the office of a notary
public, such person shall be guilty of a misdemeanor and be liable in
a civil action for damages to any person injured as a result of such
destruction, defacing, or concealment.
(b) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code, or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) The penalty provided by this section is not an exclusive
remedy and does not affect any other relief or remedy provided by
law.
SEC. 17. 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) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code, or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
SEC. 18. Section 8228 of the Government Code is amended to read:
8228. The Secretary of State or a peace officer, as defined in
Sections 830.1, 830.2, and 830.3 of the Penal Code, possessing
reasonable suspicion and acting in his or her official capacity and
within his or her authority, may enforce the provisions of this
chapter through the examination of a notary public's books, records,
letters, contracts, and other pertinent documents relating to the
official acts of the notary public.
SEC. 19. Section 8228.1 of the Government Code is amended 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) Notwithstanding any other limitation of time described in
Section 802 of the Penal Code or any other provision of law,
prosecution for a violation of this offense shall be commenced within
four years after discovery of the commission of the offense, or
within four years after the completion of the offense, whichever is
later.
(c) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
SEC. 20. 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.