BILL NUMBER: SB 803 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2013
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 amended, 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. The bill would
authorize a person who claims an interest in the affected property to
file a claim, as specified, in connection with the motion. The bill
would also authorize a person who claims an interest in the property
to, in the alternative, file a quiet title action for the affected
property. The bill would authorize the court, in its discretion, to
stay a decision on the motion until resolution of the quiet title
action.
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, 530.5, or
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. In the
alternative, a person claiming an interest in the affected property
may file an action to quiet title to the property. Upon notice of the
quiet title action, the court may stay any decision on the motion
until resolution of the quiet title action. In determining whether to
stay any decision on the motion until resolution of the quiet title
action, the court shall seek to protect the interest of any party who
presents evidence showing that their claim to the property was based
on a good faith belief in the legitimacy of their claim. Evidence
for this determination may be presented by declaration or affidavit.
(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 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 regardless of whether
the party exercised the party's rights under paragraphs (4) and (5)
of subdivision (c) .