False or forged instruments.
Vote required
Two Thirds
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill amends California law regarding forgery by allowing defendants participating in diversion programs to stipulate to the voiding of false or forged instruments. It outlines procedures for courts to issue orders declaring such instruments void ab initio, ensuring transparency and protecting property rights. The bill also establishes a process for notifying interested parties about criminal actions involving forged instruments and includes provisions for recording notices of pendency of action.
Key provisions
- Defendants in diversion programs can stipulate to the voiding of false or forged instruments.
- A court can issue an order declaring a false or forged instrument void ab initio upon motion by the prosecution.
- Interested parties, including property owners and those with recorded interests, receive written notice of criminal actions involving forged instruments.
- A notice of pendency of action is recorded to protect property rights.
- The prosecution must provide a 90-day notice period before a hearing on voiding the instrument.
- The court can decline to make a determination if it deems it more appropriate for a civil proceeding.
- Recording fees are waived for orders related to recorded instruments.
- The bill requires a 2/3 legislative vote for certain changes, specifically regarding excluding evidence.
Who is affected
- Defendants charged with forgery
Bill text
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Sponsors
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1 on record
Primary sponsor
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