First Regular Session 115th General Assembly (2007)
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SENATE ENROLLED ACT No. 445
AN ACT to amend the Indiana Code concerning courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-42-2-2; (07)SE0445.1.1. -->
SECTION 1. IC 33-42-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) A notary public
may not do any of the following:
(1) Use any other name or initial in signing acknowledgments,
other than that by which the notary has been commissioned.
(2) Acknowledge any instrument in which the notary's name
appears as a party to the transaction.
(3) Take the acknowledgment of or administer an oath to any
person whom the notary actually knows:
(A) has been adjudged mentally incompetent by a court; and
(B) to be under a guardianship under IC 29-3 at the time the
notary takes the acknowledgment or administers the oath.
(4) Take the acknowledgment of any person who is blind, without
first reading the instrument to the blind person.
(5) Take the acknowledgment of any person who does not speak
or understand the English language, unless the nature and effect
of the instrument to be notarized is translated into a language
which the person does speak or understand.
(6) Acknowledge the execution of:
(A) an affidavit, unless the affiant acknowledges the truth of
the statements in the affidavit; or
(B) an instrument, unless the person who executed the
(i) signs the instrument before the notary; or
(ii) affirms to the notary that the signature on the instrument
is the person's own.
(b) Except as provided in subsection (d), if a notary public violates
this article, the notary's appointment may be revoked by the judge of
the circuit a court with jurisdiction in the county in which the notary
(c) The secretary of state may:
(1) investigate any possible violation of this section or of section
10 of this chapter (notario publico deception) by a notary
(2) under IC 4-21.5, revoke the commission of a notary public
who violates this section or section 10 of this chapter (notario
If the secretary of state revokes the commission of a notary public, the
notary public may not reapply for a new commission for five (5) years
after the revocation. If a notary public has been convicted of notario
publico deception (this chapter), the notary public may not reapply
for a new commission.
(d) If a notary public is convicted of notario publico deception
(this chapter), the judge of a court with jurisdiction in the county
in which the notary resides shall permanently revoke the notary's
SOURCE: IC 33-42-2-10; (07)SE0445.1.2. -->
SECTION 2. IC 33-42-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) This section
applies only to a person who
(1) is not an attorney in good standing admitted to practice law in
(2) knowingly or intentionally:
(A) advertises the person's services in a language other than
(B) represents in the advertisement:
that the person is a notary, notary public, notario, notario
publico, or another designation that indicates in a language
other than English that the person is a notary public; and
(C) fails to conspicuously state in the advertisement, both in
English and in the language of the advertisement, that the person
is not an attorney in good standing admitted to practice law in
commits a Class A misdemeanor.
(b) As used in this section, "advertise" means to make a
communication to the public offering the person's services. The
term includes a communication made in any medium, including a
written medium, a broadcast medium, by means of the Internet, on
a web site, or using any other form of electronic communication.
(c) As used in this section, "notary designation" means a
representation that a person is a notary public, including the use
of the term:
(1) notary public;
(3) notario publico;
or any other term indicating in English or a language other than
English that a person is a notary public.
(d) As used in this section, "notary disclosure" means a
statement in English, and, if an advertisement requiring a notary
disclosure is made in another language, the other language, stating:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE
LAW IN INDIANA, AND I MAY NOT GIVE LEGAL
ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
If the notary disclosure is required to be made in a written
advertisement, the notary disclosure must appear in a conspicuous
size. If the notary disclosure is required to be made in an oral
advertisement, the notary disclosure must be spoken at a normal
speed and at a normal volume.
(e) A person who knowingly or intentionally:
(1) advertises using the notary designation without using the
(A) in the advertisement;
(B) on the person's business card; and
(C) on the person's letterhead;
(2) advertises or claims to be an expert on immigration
matters without being a designated entity as defined under 8
CFR 245a.1(l); or
(3) accepts payment in exchange for providing legal advice or
any other assistance that requires legal analysis, legal
judgment, or interpretation of the law;
commits notario publico deception, a Class A misdemeanor.
SOURCE: IC 35-43-5-3.7; (07)SE0445.1.3. -->
SECTION 3. IC 35-43-5-3.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 3.7. A person who violates IC 33-42-2-10 commits
notario publico deception, a Class A misdemeanor.
SOURCE: ; (07)SE0445.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2007] IC 35-42-2-10, as
amended by this act, applies only to crimes committed after June
SEA 445 _ Concur
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