Senate Engrossed

State of Arizona Senate Fifty-first Legislature First Regular Session 2013

CHAPTER 77

SENATE BILL 1094

 

AN ACT

 

Amending sections 13-2406 and 41‑321, Arizona Revised Statutes; amending title 41, chapter 2, article 2, Arizona Revised Statutes, by adding section 41‑333; relating to Notaries public.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-2406, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2406.  Impersonating a public servant; classification; definition

A.  A person commits impersonating a public servant if such person pretends to be a public servant and engages in any conduct with the intent to induce another to submit to his pretended official authority or to rely upon on his pretended official acts.

B.  It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist or that the pretended office did not in fact possess the authority claimed for it.

C.  Impersonating a public servant is a class 1 misdemeanor.

D.  For the purposes of this section, "public servant" includes a notary public. END_STATUTE

Sec. 2.  Section 41-321, Arizona Revised Statutes, is amended to read:

START_STATUTE41-321.  Obtaining a seal; violation; classification

A.  A vendor of notary seals may not provide an official seal to a person unless the person presents a photocopy of the person's notarial commission.  The vendor shall retain the photocopy for four years.

B.  A notary public's official seal may be any shape and shall produce a stamped seal that is no more than one and one‑half inches high and two and one‑half inches wide.  A notary public may possess only one official seal but may also possess and use an embossing seal that may be used only in conjunction with the notary public's official seal.  An embossing seal is not an official seal of a notary public.

C.  A person who knowingly violates subsection a of this section is guilty of a class 6 felony.  A person who violates this section subsection B of this section is guilty of a class 3 misdemeanor.END_STATUTE

Sec. 3.  Title 41, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 41-333, to read:

START_STATUTE41-333.  Impersonation of notary public

Any person who knowingly acts as or otherwise intentionally impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of impersonating a public servant pursuant to section 13-2406. END_STATUTE

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 10, 2013.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 10, 2013.