First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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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 instrument:
                (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 resides.
    (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 public; and
        (2) under IC 4-21.5, revoke the commission of a notary public who violates this section or section 10 of this chapter (notario publico deception).
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 appointment.

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 Indiana. and
        (2) knowingly or intentionally:
            (A) advertises the person's services in a language other than English;
            (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 Indiana;
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;
        (2) notario;
        (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 notary disclosure:
            (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 30, 2007.


SEA 445 _ Concur

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