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IN Senate Bill 445

Legislation

State: Indiana
Signed: April 26, 2007

Effective: July 01, 2007
Chapter: Public Law No. 85

Summary

Defines the crime of "notario publico deception" and makes a violation a class A misdemeanor.

Affects

Amends Sections 33-42-2-2 and 33-42-2-10 of the Indiana Code.

Changes
  1. Defines the term “advertise” as making a communication to the public in a written or broadcast medium, by the Internet, on a Web site or using any other form of electronic communication.
  2. Defines the term “Notary designation” as representing oneself as a Notary Public, Notario or Notario Publico, or using a similar term indicating in English or a language other than English that the person is a Notary.
  3. Defines “Notary disclosure” as a statement in English and in any other language in which a Notary advertises stating that: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN INDIANA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
  4. Defines the “notario publico deception” as advertising using the Notary designation without the Notary disclosure in an advertisement on the person’s business card and letterhead, adver-tising or claiming to be an expert on immi-gration matters without being a designated entity as defined under 8 CFR 245a.1(1) or accepting payment in exchanged for providing legal advice or any other legal assistance, legal judgment or interpretation of the law.
  5. Classifies notario public deception as a Class A misdemeanor and authorizes the Secretary of State to investigate a possible violation of the notario publico deception and revoke a Notary’s commission for a violation related to the notario publico deception.
  6. Further provides that a court with jurisdiction in the county in which the Notary resides shall permanently revoke the appointment of a person convicted of notario publico deception and that the former Notary may not reapply for a new commission.​
Analysis

In one of the toughest foreign-language advertising laws to date prohibiting unscrupulous nonattorney Notaries from preying on unsuspecting immigrants seeking legal assistance, the state of Indiana has created a formal name for the crime: “notario publico deception.” A violator of this new crime commits a Class A misdemeanor and incurs permanent revocation of the Notary commission. 

Read Senate Bill 445.

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