Legislation
State: Nevada
Signed: June 01, 2017
Effective: October 01, 2017
Chapter: 284
SummaryAssembly Bill 148 increases penalties for certain offenses by Notaries and document preparation services.
AffectsAdds a new section to Chapter 240 and amends Sections 244.001, 240.085, 240.1456, 240.155, 240A.100, 240A-290 of the Nevada Revised Statutes.
Changes - Increases the criminal penalty to a category D felony for any Notary who violates the provisions related to advertising and use of “Notario” in NRS 240.085 (1) and (2).
- Provides that a person who willfully violates a provision of NRS 240.001 to 240.169, or a regulation or order adopted or issued for these statutes, is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to a person.
- Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), a Notary who is found guilty in a criminal prosecution of violating NRS 240.085(1) and (2) shall be punished by a fine of not more than $2,000.
- Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), an employer of a Notary who is found guilty in a criminal prosecution of violating NRS 240.085(5) shall be punished by a fine of not more than $2,000.
- Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), any person who is violates NRS 240.145(1) is guilty of a gross misdemeanor.
- Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), any person who is violates NRS 240.155(1) or aids and abets a Notary to commit a violation of NRS 240.155(1) is guilty of a gross misdemeanor.
- Prohibits the Secretary of State from registering as a document preparation service any person who has previously been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to a category D felony pursuant to NRS 240A.290.
- Provides that a person who willfully violates a provision of NRS Chapter 240A, or a regulation or order adopted or issued for these statutes, is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to a person.
- Provides for the payment of restitution to persons injured by certain violations by document preparation services.
- Makes conforming changes.
AnalysisAssembly Bill 148 toughens several penalties in the statutes governing Notaries and document preparation services. The tougher penalties for Notaries and employers of Notaries are in those sections of the law dealing with advertising Notary services in a foreign language and use of prohibited terms such as "notario." Additionally, the greater category D felony applies to a Notary who willfully notarizes the signature of any person who is not in the presence of the Notary and is not properly identified by the Notary. The category D penalty for document preparation services, which are essentially individuals or businesses that provide non-legal services to the public, covers any violation in Chapter 240A.
Read Assembly Bill 148.