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Law

CO Senate Bill 21-271

Notary Law Update: CO Senate Bill 21-271

State: Colorado

Summary:
Senate Bill 21-271 reclassifies certain criminal offenses by a Notary Public.

Signed:  July 06, 2021

Effective:  March 01, 2022

Chapter: 462

Affects:
Amends Sections 1-13-105, 1-13-107, 24-21-531, 24-21-532, 24-21-533, and 31-10-515 of the Colorado Revised Statutes.

Changes:
  1. Provides that a Notary or other officer authorized to administer oaths who administers any oath knowing it to be false, or who knowingly makes a false certificate regarding an election matter for a municipal election, commits a class 2 misdemeanor, and not a misdemeanor, which is the penalty under current law.
  2. Provides that a Notary or other officer authorized to administer oaths who administers any oath knowing it to be false, or who knowingly makes a false certificate regarding a general, primary, recall, and congressional vacancy election matter, commits a class 2 misdemeanor, and not a misdemeanor, which is the penalty under current law.
  3. Provides that a Notary who knowingly and willfully violates the Revised Uniform Law on Notarial Acts commits official misconduct and is guilty of a petty offense and not a class 2 misdemeanor, which is the penalty under current law, and is punishable upon conviction by a fine of up to $300, imprisonment for up to 10 days in county jail, or both.
  4. Provides that acting as or impersonating a Notary willfully while not lawfully commissioned to perform notarial acts is a petty offense and not a class 2 misdemeanor, which is the penalty under current law, and is punishable upon conviction by a fine of up to $300, imprisonment for up to 10 days in county jail, or both.
  5. Provides that anyone who unlawfully possesses and uses a Notary’s journal, seal, electronic signature, or any papers, copies, or electronic records related to notarial acts commits a petty offense and not a class 3 misdemeanor, which is the penalty under current law, and is punishable upon conviction by a fine of up to $300, imprisonment for up to 10 days in county jail, or both.
Analysis:

Senate Bill 21-271 implements misdemeanor and petty offense sentencing reforms and creates a new civil infraction classification for criminal offenses under Colorado law. The bill reclassifies certain Notary offenses within Colorado’s Revised Uniform Law on Notarial Acts and in the election statutes.

Read the bill text.

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