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Bill Number: 3060 Ratification Number: 149 Act Number 94 Introducing Body: House Subject: False certification by notary
(A94, R149, H3060)
AN ACT TO AMEND CHAPTER 1, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-95 SO AS TO MAKE IT ILLEGAL FOR A NOTARY PUBLIC IN HIS OFFICIAL CAPACITY TO FALSELY CERTIFY THE AFFIRMING, SWEARING, OR ACKNOWLEDGING OF A PERSON OR HIS SIGNATURE TO AN INSTRUMENT, AFFIDAVIT, OR WRITING, TO PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE A NOTARY PUBLIC CONVICTED UNDER THE PROVISIONS OF THIS SECTION TO FORFEIT HIS COMMISSION AND NOT BE ISSUED ANOTHER COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
False certification by notary
SECTION 1. Chapter 1, Title 26 of the 1976 Code is amended by adding:
"Section 26-1-95. A notary public who, in his official capacity, falsely certifies to affirming, swearing, or acknowledging of a person or his signature to an instrument, affidavit, or writing is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A notary public convicted under the provisions of this section shall forfeit his commission and shall not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State within ten days after conviction."
SECTION 2. This act takes effect upon approval by the Governor.