BILL ANALYSIS Ó
AB 1036
Page 1
Date of Hearing: May 5, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 1036
(Quirk) - As Amended April 9, 2015
PROPOSED CONSENT
SUBJECT: NOTARIES PUBLIC: ACCEPTANCE OF IDENTIFICATION
KEY ISSUE: should A NOTARY PUBLIC BE AUTHORIZED TO REASONABLY
RELY ON THE PRESENTATION OF any form of INMATE IDENTIFICATION
ISSUED BY a sheriff's department TO ESTABLISH THE IDENTITY OF
THE INMATE WHO IS IN CUSTORY IN A LOCAL DETENTION FACILITY FOR
THE PURPOSE OF PROVIDING NOTARY SERVICES AT THE FACILITY?
SYNOPSIS
This non-controversial bill seeks to authorize notaries public
to reasonably rely on the presentation of any form of inmate
identification issued by a sheriff's department, if the inmate
is in custody in a local detention facility, to establish the
identity of that inmate for the purpose of providing notary
services. This bill is supported by notaries public, prisoner
advocates, and sheriffs, who contend that this bill is needed to
ensure that notary services are extended to inmates in county
jails who may not otherwise have access to these important
services because current law does not allow notaries to rely on
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forms of identification issued by local sheriff's departments.
Proponents contend that the need for notarial services in county
jail facilities is real because county jail inmates, like other
incarcerated persons, often need powers of attorney-for example,
to vest a family member or friend with responsibility over
property or bank account, or to authorize an informal caregiver
to access services or benefits for the benefit of the inmate's
child.
The author states that his previous legislation, AB 625, Ch. 159
Stats. 2013, inadvertently failed to include any identification
issued by a sheriff's department for county inmates when it
updated then-existing law to allow CDCR-issued identification
cards to be accepted for notarizing documents signed by inmates
in state prisons. The author contends that the same rule should
apply to inmates in county facilities, and accordingly this bill
does just that. The bill has no known opposition.
SUMMARY: Authorizes notaries public to reasonably rely on the
presentation of any form of inmate identification issued by a
sheriff's department, if the inmate is in custody in a local
detention facility, to establish the identity of the inmate
described in and executing a written instrument.
EXISTING LAW:
1)Authorizes the proof or acknowledgment of a written instrument
before specified officers of the state, including notaries
public. (Civil Code Sections 1181-1183. All further
references are to this code unless otherwise stated.)
2)Provides that acknowledgement of a written instrument shall
not be taken unless the officer taking it has satisfactory
evidence that the person making the acknowledgement is the
individual who is described in and who executed the
instrument. (Section 1185(a).)
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3)Defines "satisfactory evidence" to mean the absence of
information, evidence, or other circumstances that would lead
a reasonable person to believe that the person making the
acknowledgment is not the individual he or she claims to be,
and reasonable reliance on the presentation to the officer of
one of the following documents, if it is current or has been
issued within five years:
a) An identification card or driver's license issued by the
Department of Motor Vehicles.
b) A passport issued by the U.S. Department of State.
c) An inmate identification card issued by the Department
of Corrections and Rehabilitation, if the inmate is in
custody in prison. (Section 1185(b)(3).)
4)In addition to the items listed above, authorizes reasonable
reliance on the presentation of the following forms of
identification as long as they are current or issued within
five years, contain a photograph, description and signature of
the person named on it, and bear a serial or other identifying
number:
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 driver's 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 employee identification card issued by an agency or
office of the State of California, or by an agency or
office of a city, county, or city and county in this state.
(Section 1185(b)(4).)
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FISCAL EFFECT: As currently in print this bill is keyed
non-fiscal.
COMMENTS: This non-controversial bill seeks to authorize
notaries public to reasonably rely on the presentation of any
form of inmate identification issued by a sheriff's department,
if the inmate is in custody in a local detention facility, to
establish the identity of the inmate for the purpose of
providing notary services. According to the author, this bill
is needed to ensure that notary services are extended to inmates
in county jails, who may not otherwise have access to those
services because current law does not allow notaries to rely on
forms of identification issued by local sheriff's departments.
Author's statement. In support of the bill, the author states:
Access to a notary is an inmate's legal right, and
inmates often need access to notaries for services
that include establishing temporary custody of
children, power of attorney for financial and health
care matters, and giving authority to a trusted adult
to bring their children to the jail for a visit. In
2013, AB 625 (Quirk) was signed by Governor Brown to
allow notaries to use inmate IDs issued by the
California Department of Corrections and
Rehabilitation (CDCR) as a presumptively valid form of
identification for notary services.
AB 625, however, inadvertently excluded IDs issued by a
sheriff's department for inmates in county jails. This
bill would simply add county jail inmate identification
to the list of valid forms of ID accepted by notaries
for notary services.
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Examples of need for notarial services among inmate populations.
This bill is supported by notaries, prisoner advocates, and
sheriffs, who all agree that inmates in county jails need
services that notaries cannot legally perform because these
inmates cannot produce identification that notaries are
authorized to accept as proof of identification under current
law. According to proponents, inmates must surrender possession
of their identification when they are incarcerated in local
jails and given other forms of identification that are not
acceptable for the purpose of proving identity under Section
1185. The National Notary Association states:
Over the years our association has regularly fielded
complaints from members who travel to county
facilities to perform notarizations, only to find the
inmate does not carry the proper identification to
satisfy the legal requirement for satisfactory
evidence of identity. Without proper ID, notaries
must refuse to perform the notarization. This has
resulted in the denial of notarial services to inmates
needing powers of attorney, family visitation forms
and other important documents notarized.
According to the Sheriff's Office of the City and County of San
Francisco, there are tens of thousands of people incarcerated in
California county jails today-a number that has risen in recent
years because of prison realignment. Even while they are jail,
these inmates are parents and heads of households who still need
to make decisions concerning the care and welfare of their
children, or financial matters relating to housing or medical
care. Proponents note that proof of an inmate's assent is
legally required, for example, when enrolling a child in school
or when attempting to travel outside the country with a child.
In such cases, notarial services, if available, can be used by
an inmate to formally acknowledge such decisions or allow an
inmate to designate a trusted agent to make these decisions.
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Legal Services for Prisoners with Children (LSPC) also notes
that county jail inmates, like other incarcerated persons, often
need powers of attorney to vest a family member or friend with
responsibility over property, checks, and bank accounts, or in
other cases, a power of attorney for child custody in order to
authorize an informal caregiver to access services or benefits
for the inmate's child.
Authorization of county jail identification for notarial
purposes. In order to facilitate access to notarial services to
inmates of county jail facilities, this bill would authorize
forms of inmate identification issued by county sheriffs to meet
the legal requirement for evidence of identity for notarized
documents. The author states that his previous legislation, AB
625 (Ch. 159 Stats. 2013), inadvertently failed to include
identification issued by a sheriff's department for county
inmates when it updated then-existing law to allow CDCR-issued
identification cards to be accepted for notarizing documents
signed by state prisoners. The author contends that the same
rule for state prisoners should apply to inmates in county
facilities, as both groups of people are similarly situated with
respect to their need for notarial services and lack of access
to other forms of government-issued identification while they
are incarcerated.
Proponents note that, like their CDCR counterparts at the state
level, county sheriffs take significant measures to ensure
accuracy in determining the identity of inmates, including
routine fingerprinting, as well as measures to deter the theft
of ID cards. LSPC contends that, in their experience, there is
no reason to distrust the accuracy of county jail-issued
identification cards.
Finally, the author notes that by authorizing existing county
jail-issued forms of identification, this bill will result in
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quicker access to notarial services for inmates because it
renders unnecessary any need for county sheriffs to develop an
additional identification card specifically for obtaining
notarial services.
Previous related legislation. AB 625 (Quirk), Ch. 159, Stats.
2013, authorized CDCR-issued prisoner identification cards to be
accepted by notaries for providing notarial services.
AB 442 (Arambula) of 2009 would have authorized the Matricula
Consular, the consular identification card issued by the Mexican
government, to be accepted by notaries, but that bill was
vetoed.
AB 2452 (Davis), Ch. 67, Stats. 2008, added specified
governmental employee identification cards as an allowable form
of identification for obtaining notarial services.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union (ACLU)
California Association of Licensed Investigators
Legal Services for Prisoners with Children
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National Notary Association
Office of the Sheriff, City and County of San Francisco
Opposition
None on file
Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334