SummaryAB 1159 establishes hefty penalties for translating into another language the terms “Notary” or “Notary Public” by a nonattorney. While the Government Code has had a similar provision on the books for quite some time, the effect of AB 1159 is to make the literal translation of these terms punishable under Business and Professions Code Section 6126(a), the statute penalizing a violation of the unauthorized practice of law by nonattorneys as a misdemeanor.
AnalysisWith the prospect of the U.S. Congress considering comprehensive immigration reform legislation, the California legislature is gearing up for an increase in the number of undocumented aliens submitting applications to change their immigration status. When Congress enacted amnesty legislation back in 1986, the California Legislature enacted the Immigration Consultants Act to curb abuses that resulted from the enactment of the federal legislation. Assembly Bill 1159 now makes it a misdemeanor for any nonattorney (including any Notary Public), to translate from English into another language in a document the term “Notary” or “Notary Public.” The new law also expressly prohibits the translation of these terms into Spanish by a person who is not an attorney. AB 1159 establishes hefty penalties for a violation of these provisions. While the Government Code has had a similar provision on the books for quite some time, the effect of AB 1159 is to make the literal translation of these terms punishable under Business and Professions Code Section 6126(a), the statute penalizing violations of the unauthorized practice of law by nonattorneys. In that statute, a violation of UPL is a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. The statute furthermore provides that upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. By contrast, under the Government Code, a violation is grounds for the Secretary of State to deny, suspend or revoke the commission of a Notary. The Secretary must suspend for a period of not less than one year or revoke the commission of a Notary for a violation, and upon the second violation, to revoke the commission permanently. Now, a violation is a criminal offense with higher penalties. AB 1159 also raises the amount of the immigration consultant surety bond to $100,000 effective July 1, 2014.
The bill is effective Immediately upon being signed into law by the Governor as an emergency statute; however, the higher immigration consultant bond of $100,000 takes effect July 1, 2014.