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AL HB674

Bill

Status

Introduced

3/4/2010

Primary Sponsor

Christopher England

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Origin

House of Representatives

Regular Session 2010

AI Summary

HB674 Summary

  • Secretary of State and judges of probate may refuse to accept for filing any document they reasonably believe is materially false, fraudulent, or unlawfully issued, including deeds of conveyance, mortgages, and judgment liens.

  • Filers have 30 days from written notice of refusal to validate the document to the Secretary of State's or judge's satisfaction, after which the document must be accepted and the official is protected from liability.

  • Secretary of State and judges of probate may remove and expunge documents filed against public employees or public officials that they reasonably believe are materially false, fraudulent, or unlawfully issued, with the same 30-day validation period available to the presenter.

  • Establishes the crime of offering a false instrument for recording against a public employee or public official, defined as presenting a document relating to their real or personal property or contractual relationships with intent to defraud, intimidate, harass, or impede them in their duties.

  • Offering a false instrument for recording against a public employee or public official is classified as a Class C felony, while offering a false instrument for recording generally is a Class A misdemeanor.

Legislative Description

Secretary of State and probate judges, authorized to refuse for filing any false, fraudulent or unlawfully issued document, removal, expungement, correction, crime of offering a false instrument for recording against a public employee or public official, established, penalties, Sec. 36-14-18 added; Secs. 12-13-40, 13A-9-12 am'd.

Public Officers and Employees

Last Action

Indefinitely Postponed

4/14/2010

Committee Referrals

Judiciary3/4/2010

Full Bill Text

No bill text available