SB225 Alabama 2012 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

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

SB225 creates crimes for falsely removing or filing false instruments related to public officials and allows expedited circuit-court handling for removing such instruments.

What This Bill Does

It creates three offenses: offering a false instrument for recording (Class A misdemeanor); falsely removing an instrument from recording by a public servant (Class C felony); and offering a false instrument for recording against a public servant (Class C felony). It also allows a false instrument filed against a public servant to be transferred to circuit court for expedited handling, with a 45-day deadline for circuit court action and a magistrate option if not heard in time, with Alabama Rules of Civil Procedure applying. The changes modify Section 13A-9-12 and the act would take effect immediately; the bill is stated to be exempt from local-funds spending requirements because it defines new crimes.

Who It Affects

• Public officials and public servants are affected because the bill creates crimes involving false instruments that relate to their records or actions and allows removal actions to be expedited.
• Private individuals or entities who file false instruments for recording (or against public servants) are affected because they could face Class A or Class C felonies for those offenses.

Key Provisions

• Establishes offering a false instrument for recording as a Class A misdemeanor.
• Establishes falsely removing an instrument from recording by a public servant as a Class C felony.
• Establishes offering a false instrument for recording against a public servant as a Class C felony (forging or misrepresenting instruments affecting public servants).
• Allows a request to remove a false instrument filed against a public servant to be transferred to circuit court for expedited handling; if not heard within 45 days, the proceeding may be heard by a magistrate; procedural rules apply under the Alabama Rules of Civil Procedure.
• Notes that the bill is exempt from local expenditure requirements under Amendment 621 because it creates a new crime or amends an existing crime, and thus does not require local government approval or a 2/3 vote.

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

Subjects

Property, Real and Personal