SB64 Summary

• Amends Section 13A-9-12 of the Code of Alabama 1975 to establish three criminal offenses: offering a false instrument for recording (Class A misdemeanor), falsely removing an instrument from recording (Class C felony), and offering a false instrument for recording against a public servant (Class C felony).

• Creates the crime of falsely removing a recording when a public servant knowingly attempts to have a valid written instrument relating to real or personal property or contractual relationships removed from recording.

• Creates the crime of offering false instruments for recording against public servants with intent to defraud, intimidate, harass, or impede the public servant in performing official duties.

• Allows public servants to request removal of falsely filed instruments to circuit court for expedited hearing, with cases transferable to magistrate court if circuit court cannot hear within 45 days; applies Alabama Rules of Civil Procedure to such proceedings.

• Becomes effective immediately upon passage and approval by the Governor.