SB522 Alabama 2010 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Co-Sponsor

T.D. “Ted” Little

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

SB522 would let the Secretary of State and probate judges refuse filing and remove false or unlawfully issued documents against public officials, create penalties for false instruments, and establish a correction process for affected records.

What This Bill Does

It authorizes the Secretary of State and the judge of probate to refuse to accept for filing or recording documents they reasonably believe are false, fraudulent, or not lawfully issued, and to remove such documents from public records. It provides a 30-day window for the filer or owner to validate or correct the document. It establishes the crime of offering a false instrument for recording against a public employee or public official, with penalties, and it updates related statutes to implement these changes.

Who It Affects

• Public record filers/owners (individuals or entities submitting documents like deeds, mortgages, or liens) who may face filing refusals, required corrections, and potential penalties for false documents.
• Public employees and public officials, who may have false or unlawfully issued records removed or expunged and are the focus of the new false-instrument offense.

Key Provisions

• New Section 36-14-18 authorizes the Secretary of State to refuse filing or recording a document believed to be false/fraudulent or not lawfully issued, with 30 days for the presenter to validate the document; if validated, it must be accepted and the official is protected from damages from the refusal.
• Amends Sections 12-13-40 and 13A-9-12 to allow probate judges to refuse filing, remove/expunge records against public employees or officials, provide a correction process, and establish the crime of offering a false instrument for recording with penalties (Class A misdemeanor generally; Class C felony when targeted at a public employee or official).

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