False or forged instruments.

Plain English Breakdown

The official source material does not provide details about the consequences of having interested parties that would be adversely affected by voiding the instrument.

Making False Documents Void

This law changes how courts handle cases involving fake documents, requiring quicker court action and hearings.

What This Bill Does

• Requires the court to hold a hearing before issuing an order that makes a false or forged document void when someone is charged with using it.
• Allows defendants to agree to have the fake document made void without going through a full hearing.
• Reduces the time for setting hearings from 90 days to 30 days and requires prosecutors to give notice 30 days in advance.
• Permits court hearings on making false documents void even if the defendant is found mentally incompetent.

Who It Names or Affects

• People who make or use fake documents
• Courts that handle cases involving fake documents
• Prosecutors and defendants involved in these cases

Terms To Know

Void ab initio

A document is considered invalid from the moment it was created.

Clear and convincing evidence

Evidence that shows something to be highly probable or reasonably certain.

Limits and Unknowns

• The bill does not specify what happens if there are interested parties who would be harmed by making the document void.
• It is unclear how this will affect cases where defendants are found mentally incompetent before a hearing can take place.
• There is no information on when or how this law will become effective.

Official Summary Text

SB 1307, as amended, Jones.
False or forged instruments.
Existing law makes it a felony to knowingly procure or offer a false or forged instrument to be filed, registered, or recorded in a public office in this state, which, if genuine, might be filed, registered, or recorded under any law of this state or the United States. After a person is convicted of that crime or a specified waiver is obtained, and upon written motion of the prosecuting agency, existing law requires the court to issue a written order that the false or forged instrument be adjudged void ab initio. Existing law prescribes procedures for a prosecuting agency to file that motion.
Existing law requires the court to set a hearing for that motion no earlier than 90 calendar days from the date the motion is made and the prosecuting agency to provide a copy of the written motion and notice of hearing to all interested parties no later than 90 days before the hearing date.
This bill
would instead, if a person is charged with a violation of an above-described crime, require the court, after a hearing on the matter, to issue the above-described order, as specified. The bill additionally
would authorize the defendant to alternatively stipulate to the voiding of the false or forged instrument for purposes of the motion. The bill would require the court to, after the prosecution has established by clear and convincing evidence that the instrument is false or forged and that there are no interested parties that would be adversely affected by voiding the instrument, issue the written order, as provided.
The bill would instead require the court to set the hearing for the motion no earlier than 30 calendar days from the date the motion is made and the prosecuting agency to provide notice no later than 30 days before the hearing.
Existing law prohibits a person from being tried or adjudged to punishment
while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and, if the defendant is found incompetent to stand trial, the criminal proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency.
If a defendant enters into the above-described process, this bill would authorize the court to conduct the hearing on the motion to adjudge the false or forged instrument void at any time before or after the defendant is determined incompetent to stand trial.

Current Bill Text

Download Bill PDF