HB-5269, As Passed House, March 13, 2012
January 24, 2012, Introduced by Reps. Hughes, Jenkins, Price, Damrow, Johnson, Shaughnessy, Horn, Franz, Agema, Olson, Outman, Muxlow, Somerville, Cotter, Crawford, Knollenberg, O'Brien and Heise and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending section 41 (MCL 55.301).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 41. (1) If an individual commissioned as a notary public
of
in this state is convicted of a felony or of a
substantially
corresponding violation of another state, the secretary shall
automatically
revoke the notary public commission of that person
individual
on the date that the person's individual's felony
conviction is entered.
(2)
If an individual commissioned as a notary public of in
this
state is convicted of 2 or more misdemeanor offenses involving
a
violation of this act specified
misdemeanors within a 12-month
period
while commissioned, or of 3 or more misdemeanor offenses
involving
a violation of this act specified
misdemeanors within a
5-year period regardless of being commissioned, the secretary shall
automatically
revoke the notary public commission of that person
individual
on the date that the person's most
recent misdemeanor
conviction
is entered.secretary
determines the misdemeanor of which
the individual was convicted is a specified misdemeanor. As used in
this subsection, "specified misdemeanor" means a misdemeanor that
the secretary determines involves any of the following:
(a) A violation of this act.
(b) A violation of the public trust.
(c) An act of official misconduct, dishonesty, fraud, or
deceit.
(d) An act substantially related to the duties or
responsibilities of a notary public.
(3)
If a person holding office an
individual commissioned as a
notary public in this state is sentenced to a term of imprisonment
in a state correctional facility or jail in this or any other state
or
in a federal correctional facility, that person's his or her
commission as a notary public is revoked automatically on the day
on
which the person he or she
begins serving the sentence in the
jail
or correctional facility. If a person's an individual's
commission
as a notary public is revoked because the person he or
she
begins serving a term of imprisonment
and that person he or she
performs or attempts to perform a notarial act while imprisoned,
that
person he or she is not eligible to receive a commission as a
notary
public for at least 10 years after the person he or she
completes his or her term of imprisonment.
(4)
A person An individual found guilty of performing a
notarial act after his or her commission as a notary public is
revoked under this section is guilty of a felony punishable by a
fine of not more than $3,000.00 or by imprisonment for not more
than 5 years, or both.
(5)
A person, An individual, regardless of whether he or she
has
ever been commissioned as a notary public, that who is
convicted of a felony is disqualified from being commissioned as a
notary
public for not less than 10 years after the person he or she
completes his or her sentence for that crime, including any term of
imprisonment, parole, or probation, and pays all fines, costs, and
assessments. As used in this section, a "felony" means a violation
of a penal law of this state, another state, or the United States
for
which the offender, upon conviction, if convicted, may be
punished by death or imprisonment for more than 1 year or an
offense
expressly designated by law to be as a felony.
(6)
If a person an individual is convicted of a violation
described in subsection (5), the court shall make a determination
of
whether the person he or
she is a notary. If the person
individual is a notary, the court shall inform the secretary of the
conviction.
(7) If an individual commissioned as a notary public in this
state is convicted of any felony or misdemeanor in any court, he or
she shall notify the secretary in writing of the conviction within
10 days after the date of that conviction.