Donald Wagner
- Republican
Author
Under existing law, a person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony. This bill would provide that after a person is convicted of a violation of that law, or a plea is entered whereby a charge alleging a violation of that law is dismissed and a waiver is obtained as specified, upon written motion of the prosecuting agency, the court, after a hearing, as specified, is required to issue a written order that the false or forged instrument be adjudged void ab initio if the court determines that an order is appropriate under applicable law. The bill would require the order to state whether the instrument is false or forged, or both false and forged, and describe the nature of the falsity or forgery. The bill would require a copy of the instrument to be attached to the order, at the time the order is issued by the court, and a certified copy of the order to be filed, registered, or recorded at the appropriate public office by the prosecuting agency. The bill would require a prosecuting agency to follow specific procedures for filing the motion, including, but not limited to, requirements to provide notice to interested parties, including, when a criminal action has commenced that may result in adjudications against the false or forged instrument or the property affected by the false or forged instrument. The bill would require a court to take specified procedural actions.
Chaptered by Secretary of State - Chapter 455, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6040.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4416.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (June 24).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 2. Page 5327.)
Assembly Rule 69(d) suspended. (Page 5325.)
Read third time and amended. Ordered to third reading. (Page 5218.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 4. Noes 0.) (April 1).
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee March 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1698 | HTML |
| 02/13/14 - Introduced | |
| 05/28/14 - Amended Assembly | |
| 06/09/14 - Amended Senate | |
| 06/18/14 - Amended Senate | |
| 08/15/14 - Enrolled | |
| 09/19/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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