HB17 Alabama 2012 Session

Summary

Primary Sponsor

Blaine Galliher

Republican

Session

Regular Session 2012

Title

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.

Summary

HB17 adds crimes for falsely removing and filing false instruments against public officials and creates procedures to remove or nullify false liens or instruments from public records.

What This Bill Does

It makes offering a false instrument for recording a Class A misdemeanor and falsely removing an instrument from recording a Class C felony, with similar penalties for false filings against a public servant. It provides an expedited circuit court pathway to remove false instruments against public servants, including a 45-day hearing timeline and lis pendens to keep the matter in court records. It also establishes an administrative process for recording officials to nullify or expunge false liens or instruments, including notice to filers, a 14-day validation window, a 28-day decision window, and potential circuit court appeals on a de novo basis.

Who It Affects

• Public servants (as defined by law) and the integrity of their records, who gain criminal protections and an expedited removal process for false instruments against them.
• People or entities that file false liens or instruments (and recording offices), who face criminal penalties and must navigate the new administrative and court-based relief and appeal procedures.

Key Provisions

• Creates crime of offering a false instrument for recording (Class A misdemeanor).
• Creates crime of falsely removing an instrument from recording (Class C felony).
• Creates crime of offering a false instrument for recording against a public servant (Class C felony).
• Establishes expedited circuit court removal for false instruments filed against public servants with a 45-day hearing requirement ( Magistrate if not heard in 45 days).
• Authorizes administrative nullification or expunction of false or fraudulent liens or instruments by recording officials, with notice, a 14-day validation period, and a 28-day decision period.
• Provides for appeals to circuit court on civil action, with lis pendens and de novo review, and attorney’s fees to the prevailing party.
• Allows petitions to be filed with any recording official when multiple offices are involved; decisions apply to all related filings.
• Excludes the act from certain constitutional funding requirements because it defines new crimes or amends existing ones.
• Effective immediately upon governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal