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AL HB17
Bill
Status
4/3/2012
Primary Sponsor
Blaine Galliher
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AI Summary
HB17 Summary
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Establishes the crime of "offering a false instrument for recording" as a Class A misdemeanor when a person knowingly presents a written instrument containing material false statements to a public office with intent to defraud and knowledge it will be recorded.
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Creates the crime of "falsely removing an instrument from recording" as a Class C felony when a public servant attempts to remove a valid recorded instrument from recording.
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Establishes the crime of "offering a false instrument for recording against a public servant" as a Class C felony when a person files a false instrument relating to a public servant's property or contractual relationships with intent to defraud, intimidate, harass, or impede the public servant.
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Allows recording officials to administratively nullify or expunge false or fraudulent liens filed against public servants, with the filer having 14 days to validate the document and the official required to issue a determination within 28 days.
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Permits appeals of recording official decisions to circuit court within 14 days and establishes expedited circuit court procedures with 45-day hearing requirements for removal of false instruments filed against public servants.
Legislative Description
Property, crimes of falsely removing an instrument from recording and falsely filing instruments against public official, penalties, transfer of proceedings for removal to circuit court, Sec. 13A-9-12 am'd.
Property, Real and Personal
Last Action
Delivered to Governor at 1:35 p. m. on April 12, 2012.
4/12/2012