SB64 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

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

SB64 creates new crimes for falsely removing a recording and for offering a false instrument for recording, adds penalties, and allows expedited circuit-court removal of false instruments filed against public servants.

What This Bill Does

It establishes two new offenses: falsely removing a recording by a public servant (Class C felony) and offering a false instrument for recording (Class A misdemeanor in general; Class C felony when directed at a public servant). It also provides that offering a false instrument for recording against a public servant is a Class C felony. The bill allows a public servant to request that a false instrument be removed to circuit court for expedited handling, with a 45-day hearing window; if not heard in circuit court within 45 days, the matter may be heard by a magistrate, with Alabama Rules of Civil Procedure applying. It includes a clause related to local-fund expenditure rules under Amendment 621, stating the bill is exempt because it creates or changes crimes, and it becomes effective immediately upon the governor's approval.

Who It Affects

• Public servants: could be charged if someone falsely removes a valid instrument from recording (falsely removing a recording, Class C felony) and could be targeted by offenses if false instruments are filed against them (offering a false instrument for recording against a public servant, Class C felony); they also gain access to an expedited circuit-court mechanism to remove false instruments.
• Private individuals or entities filing instruments: could be charged for knowingly offering a false instrument for recording (Class A misdemeanor) or for offering a false instrument against a public servant (Class C felony), depending on the circumstances.

Key Provisions

• Adds crime of falsely removing an instrument from recording by a public servant; punishment is Class C felony.
• Adds crime of offering a false instrument for recording; punishment is Class A misdemeanor.
• Adds crime of offering a false instrument for recording against a public servant; punishment is Class C felony.
• Allows a false instrument filed against a public servant to be removed to circuit court for expedited handling; if not heard within 45 days, it may be heard by a magistrate; proceedings follow the Alabama Rules of Civil Procedure.
• Contains a constitutional exemption note ( Amendment 621) stating the bill is exempt from local-fund expenditure requirements because it defines or creates crimes; takes effect immediately after 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

Property, Real and Personal