BILL NUMBER: SB 803	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 22, 2013

   An act to add Section 1202.9 to the Penal Code, relating to false
documents.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 803, as introduced, DeSaulnier. False documents: real property:
voiding and restitution.
   Existing law establishes offenses involving falsifying documents,
elder abuse, forgery, grand theft, identity theft, and mortgage
fraud, among others. Existing law requires a court to order
defendants convicted of any crime to pay restitution to the victim or
victims as well as a restitution fine, as specified, unless the
court finds compelling and extraordinary reasons for not imposing the
restitution fine, as specified.
   This bill would provide that where a defendant is convicted of any
of those offenses, or any other offense, in which an instrument
affecting the right, title, or interest in real property was forged
or false, and where the instrument was filed, registered, or
recorded, as specified, the prosecuting attorney or the judge may
make a motion for a noticed hearing to adjudge the instrument void,
and to order restitution for an affected person.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1202.9 is added to the Penal Code, to read:
   1202.9.  (a) In any case where the defendant is convicted of any
offense enumerated in Section 115, 368, 470, 487, 532f, or 540.5 or
any other crime, in which an instrument affecting any right, title,
or interest in real property is found to be forged or false, and
where in furtherance of the crime an instrument that conveys title or
encumbers real property has been filed, registered, or recorded
against real property, the court may, upon its own motion or upon
motion by the prosecuting attorney, pursuant to the procedures in
subdivision (c), enter a judgment declaring the instrument void.
   (b) The instrument shall be deemed to be adjudged void as of the
date on which the crime occurred, or the date that the instrument was
created, forged, or falsified, or the date that the instrument was
filed, registered, or recorded, whichever date is earlier.
   (c) (1) Upon making the motion to void the instrument, a hearing
date on the motion shall be set no earlier than 30 calendar days from
the date that the motion is made.
   (2) A notice regarding the motion shall be provided by personal
service or registered mail to every person who may have an interest
in the affected property within five days of making the motion.
   (3) The notice shall be published at least once a week for three
successive weeks in a newspaper of general circulation in the county
in which the affected property is located. The notice shall state
that any interested party may file a verified claim with the superior
court stating the nature and amount of their claimed interest. The
notice shall set forth the time within which a claim of interest in
the property is required to be filed.
   (4) Any person claiming an interest in the affected property may,
at any time within 30 calendar days from the date of the first
publication of the notice of the motion, or within 30 days after
receipt of the actual notice, whichever is later, file with the
superior court of the county in which the motion is pending a
verified claim stating the nature and amount of his or her interest
in the property. A verified copy of the claim shall be served by the
claimant on the prosecuting attorney and the defendant.
   (5) At the hearing, any person claiming an interest in the
affected property may present evidence showing that their claim to
the property was based on a good-faith belief in the legitimacy of
their claim. Where the court makes a finding that any person claiming
an interest in the affected party acted in good faith in securing an
interest in the property, the court may order restitution to be paid
by the defendant to the affected person. The amount of restitution
shall be determined in a manner consistent with subdivision (f) of
Section 1202.4. A person who files a claim with the California Victim
Compensation and Government Claims Board may not obtain restitution
pursuant to this section.
   (d) Upon issuance of a judgment pursuant to this section, the
prosecuting attorney or any affected person may record the judgment
with the appropriate county recorder.
   (e) As used in this section, "instrument" means, but is not
limited to, a grant deed, quitclaim deed, deed of trust, notice of
default, notice of trustee's sale, trustee's deed, assignments of any
kind, homestead declaration, mechanic's lien, Uniform Commercial
Code filings, deed of reconveyance, rental agreement, lease
agreement, easement, tax lien, or lis pendens.
   (f) Nothing in this section shall be construed as limiting a
person claiming an interest in the affected property from pursuing
any civil remedies that may be available.