SB197 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

J.T. Waggoner

Session

Regular Session 2011

Title

Filing a false lien against public officer or employee, crime established, penalties

Summary

SB197 makes filing a false lien against state or local public officers or employees a crime and allows removal or expungement of false or fraudulent public records involving public servants.

What This Bill Does

If passed, the bill would make filing a false lien against state or local public officers or employees a crime. It also creates crimes related to recording and removing documents, including offering a false instrument for recording (Class A misdemeanor), falsely removing a recorded instrument (Class A misdemeanor), and offering a false instrument against a public servant (Class C felony). Lien filers must attempt to serve notice on the debtor before filing and provide proof of that notice. Probate judges and the Secretary of State would be able to remove or expunge false or fraudulent documents against public servants, with notice, a validation step, and appeal rights, and the bill is exempt from local funds requirements and would take effect immediately after the governor's approval.

Who It Affects

• Public officers or employees of the state or a political subdivision who could be targeted by false liens and who gain removal/expungement protections and potential penalties against wrongdoers.
• Lien filers and document presenters (plaintiffs, creditors) who must meet notice requirements and could face criminal penalties for false filings and instruments.

Key Provisions

• Makes it a crime to file a false lien against a state or local public officer or employee.
• Authorizes probate judge to remove and expunge from public records any document filed against a public servant if the document is materially false, fraudulent, or not lawfully issued.
• Establishes crimes of offering a false instrument for recording (Class A misdemeanor) and falsely removing an instrument from recording (Class A misdemeanor); and offering a false instrument for recording against a public servant (Class C felony).
• Requires lien plaintiffs to attempt to serve notice on a debtor before filing a lien and to provide proof of notice at filing.
• Adds Section 36-14-18 authorizing the Secretary of State to remove and expunge documents filed against a public servant, with notice, a 14-day validation window, a 28-day decision, and appeal rights.
• Declares the bill is exempt from Amendment 621 local funds requirements because it creates or amends crimes.
• Effective immediately after the governor signs the bill into law.

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

Subjects

Crimes and Offenses