False or forged instruments.

Plain English Breakdown

The official source does not provide details about what happens when interested parties would be harmed by declaring a document void.

Making False Documents Void

This law changes how courts handle cases involving false documents by requiring quicker court action and allowing defendants to agree to have the documents declared invalid.

What This Bill Does

• Changes the process for making a false document void after a hearing.
• Allows defendants to stipulate to having false documents declared invalid.
• Requires the court to set hearings within 30 days instead of 90 days.

Who It Names or Affects

• Courts that handle cases involving false or forged documents
• People who are charged with making false documents

Terms To Know

false document

A paper or electronic file that contains information known to be untrue and is intended to deceive.

void ab initio

Means the false document was never legally valid from the moment it was created.

Limits and Unknowns

• Does not specify what happens if there are interested parties who would be harmed by declaring a document void.
• The bill's final status is unclear as it has passed the legislature but may need further action before becoming law.

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