CA Assembly Bill 1036 | NNA
Law

CA Assembly Bill 1036

Notary Law Update: CA Assembly Bill 1036

State: California

Summary:

Assembly Bill 1036 allows Notaries to accept as identification any form of ID issued by a sheriff's department that is current or has been issued in the past 5 years for a prisoner in custody in a county jail or local detention facility.

Signed:  July 02, 2015

Effective:  January 01, 2016

Chapter: 42

Affects:

Amends Civil Code Section 1185.

Changes:
  1. Allows a Notary to accept an inmate ID issued by a sheriff's department for an inmate in custody at a local detention facility as satisfactory evidence of identity as long as it is current or has been issued in the past 5 years.
Analysis:

According to the bill analysis for Assembly Bill 1036, prior to 2014, incarcerated individuals faced challenges in getting needed authorizations to permit a minor child to visit them while in prison notarized, as a result of a Notary inability to accept a California Department of Corrections and Rehabilitation (CDCR) ID card as proof of identity. As CDCR requires minor children visiting a prison inmate to be accompanied by someone other than his/her parent or legal guardian, in addition to the certified copy of the minor children’s birth certificate, the adult must also bring a notarized written consent authorization form signed by the minor children’s parent or legal guardian expressly giving permission for the minor children to visit a prisoner. To address this problem, Chapter 159, Statutes of 2013 authorized the Notary public to rely on CDCR-issued ID cards to be accepted for notarizing documents signed by state prisoners. Inmates in local county jails also need notarial services for the same reasons as state prisoners. Thus, AB 1036 authorizes a Notary to rely on ID issued by a sheriff’s department for county inmates when notarizing documents signed by local county jail inmates.

Read the bill text.

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