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2018 SESSION

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18103737D
SENATE BILL NO. 628 Offered January 10, 2018 Prefiled January 10, 2018 A BILL to amend and reenact §§ 47.1-4 and 47.1-28 of the Code of Virginia, relating to qualifications of notary; misdemeanor offense of moral turpitude. ---------- Patron-- Surovell ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 47.1-4 and 47.1-28 of the Code of Virginia are amended and reenacted as follows:

§ 47.1-4. Qualification for appointment.

To be qualified to be commissioned as a notary in the Commonwealth, each such person (i) shall be at least 18 years of age, (ii) shall be a legal resident of the United States, (iii) shall be able to read and write the English language, (iv) shall never have been convicted of a misdemeanor offense of moral turpitude or any felony under the laws of the United States, the Commonwealth, or any other state, unless such person has been pardoned for such felony offense, has had his conviction vacated by the granting of a writ of actual innocence, or has had his rights restored, and (v) shall otherwise be in compliance with the provisions of this title. A nonresident of Virginia may register and be commissioned as a notary only if he is regularly employed in the Commonwealth and meets all of the requirements of this section. A member of the armed services of the United States shall be eligible to register and be commissioned as a notary notwithstanding the provisions of § 2.2-2800.

§ 47.1-28. Willful misconduct a misdemeanor.

A. Any notary who knowingly and willfully commits any official misconduct under Chapter 5 (§ 47.1-24 et seq.) of this title shall be guilty of a Class 3 misdemeanor.

B. Any employer of a notary who willfully induces such notary to commit official misconduct under Chapter 5 of this title shall be guilty of a Class 3 misdemeanor.

C. Any person who knowingly and willfully misrepresents on an application for commission as a notary whether they have been convicted of any misdemeanor offense of moral turpitude or any felony under the laws of this Commonwealth, of any other state, or of the United States shall be guilty of a Class 1 misdemeanor.