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AL HB674
Bill
Status
3/4/2010
Primary Sponsor
Christopher England
Click for details
AI Summary
HB674 Summary
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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.
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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.
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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.
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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.
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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