HB674 Alabama 2010 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2010

Title

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.

Summary

HB674 would let the Secretary of State and probate judges deny filing and remove false or unlawfully issued documents, create a new crime for offering false instruments for recording against public officials, and establish a correction process, while noting local-expenditure implications.

What This Bill Does

The bill authorizes the Secretary of State and the judge of probate to refuse to file documents they believe are materially false or fraudulent or not lawfully issued, and to remove such documents from public records against a public employee or public official. It creates a process for the filer or owner to correct the document. It also establishes criminal penalties for offering a false instrument for recording, with different levels of punishment depending on the context, and adds related amendments to existing law. It acknowledges potential local funding effects but places the bill outside the normal local-expenditure voting requirements due to constitutional exceptions.

Who It Affects

• People or entities who file documents (such as deeds, mortgages, liens, judgments) — their documents could be refused, removed, or require corrections if deemed false or unlawfully issued.
• Public employees and public officials — their records could be targeted for removal or expungement, and they would receive notices in certain procedures; the new crime could apply to false instruments involving them.

Key Provisions

• Adds Section 36-14-18 authorizing the Secretary of State to refuse to file or record a document reasonably believed to be false, fraudulent, or not lawfully issued; requires written notice and a 30-day validation window for the presenter to cure the issue; if validated, the document is accepted and the Secretary is not liable for the refusal.
• Allows removal and expungement from public records of documents filed against a public employee or official if reasonably believed to be false or fraudulent or not lawfully issued; requires notice to the involved parties and a 30-day validation window; if validated, removal does not occur.
• Provides a correction procedure for filers/owners to seek corrections to documents described above.
• Amends Section 12-13-40 to expand probate judge authority to refuse filings, remove/expunge documents against a public employee or official, and provide for corrections, with similar notice and validation steps.
• Amends Section 13A-9-12 to establish the crime of offering a false instrument for recording against a public employee or official; specifies penalties: Class A misdemeanor for general false instruments; Class C felony if the false instrument relates to a public official and is intended to defraud, intimidate, harass, or impede the official.
• Addresses local-expenditure implications by noting the bill would create a new or increased local cost but is exempt from the usual local-approval requirements under Amendment 621 due to specified exceptions.
• Effective immediately after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Public Officers and Employees