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AZ Senate Bill 1094

Legislation

State: Arizona
Signed: April 10, 2013

Effective: August 22, 2013
Chapter: 77

Summary

Senate Bill 1094 makes it a class 1 misdemeanor, the highest type of misdemeanor, to willfully impersonate a Notary Public. The bill also makes it a class 6 felony, the lowest type of felony, for any vendor of Notary seals to produce a seal without obtaining and retaining a copy of the Notary’s commission for 4 years.

Affects

Adds Section 41-333 to and amends Sections 13-2406 and 41-321 of the Arizona Revised Statutes.

Changes
  1. Applies the class 1 misdemeanor crime of impersonating a public servant under ARS 13-2406 to impersonating a Notary Public.
  2. Defines impersonation of a Notary as: (a) pretending to be a Notary for the purpose of inducing another to submit to his or her pretended authority or relying on his or her official acts; and (b) knowingly acting as or otherwise intentionally impersonating a Notary while not lawfully appointed and commissioned to perform notarial acts.
  3. Provides that any vendor of Notary seals commits a class 6 felony for knowingly: (a) providing a seal to a Notary without obtaining a copy of the Notary’s commission or (b) failing to retain the copy of the commission of any Notary for whom a seal is made for 4 years. (Note: under current law, these are class 3 misdemeanors.)
Analysis
Senate Bill 1094 applies the criminal sanctions under ARS 13-2406 for impersonating a Notary Public. This statute classifies impersonation of public servants as a class 1 misdemeanor, the highest type of misdemeanor. The key part of this new law is “knowingly” impersonating or “pretending” to impersonate a Notary. The new law would not apply, for example, to Notaries who unknowingly or negligently act as a Notary after their commissions have expired. Since Notary impersonation can be aided and abetted by seal manufacturers, the new law also has made it more criminal for any vendor of Notary seals to knowingly manufacture a without requiring the Notary to present a copy of the Notary’s commission or failing to retain the copy for a period of 4 years. The offense increases from a class 3 misdemeanor, the lowest type of misdemeanor, to a class 6 felony, the lowest type of felony. The Arizona Secretary of State’s office sought the assistance of the NNA in drafting the text of SB 1094.
 
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