House Bill 785

AN ACT TO CREATE THE OFFENSE OF OFFERING A FALSE INSTRUMENT AGAINST A PUBLIC SERVANT; TO PROVIDE PENALTIES FOR VIOLATIONS; TO PROVIDE A PROCEDURE TO NULLIFY OR EXPUNGE A FALSE INSTRUMENT FILED IN VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A person commits the crime of offering a false instrument for recording against a law enforcement officer, public official or public employee if the person offers, for recording, a written instrument which relates to or affects the real or personal property, or an interest therein, or a contractual relationship of a law enforcement officer, public official or public employee, knowing that the written instrument contains a materially false statement or materially false information, with the intent to defraud, intimidate, or harass the law enforcement officer, public official or public employee, or to impede the law enforcement officer, public official or public employee in the performance of his or her duties.

(2) Any person who is convicted of offering a false instrument for recording against a law enforcement officer, public official or public employee shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

SECTION 2. A recording official may administratively nullify or expunge from an official record a false or fraudulent lien or similar false or fraudulent instrument. A law enforcement officer, public official or public employee who is the victim of a false or fraudulent lien or other instrument filed against him or her may petition the recording official for administrative relief to correct the official record. This administrative procedure shall require the recording official to first give written notice of the potential nullification to the offeror/filer and to the law enforcement officer, public official or public employee named in the lien or other instrument, at the last known available address for each. The offeror/filer shall have fourteen (14) days from the date of the notice given to validate the document to the reasonable satisfaction of the recording official. If the recording official finds that the lien or other document is materially false or fraudulent and was filed or recorded with the intent to defraud, intimidate, or harass the law enforcement officer, public official or public employee, or impede the law enforcement officer, public official or public employee in the performance of his or her duties or purports to be a judgment, lien, or decree of a court or governmental entity, but was not lawfully issued, the filing official shall enter an appropriate order stating his or her findings that either the document has been validated and shall remain on record, or that the document shall be nullified by entry of an appropriate order on the record with reference to the false lien or other instrument. The order of the filing official shall be rendered within twenty-eight (28) days from the date when the notice to validate the document was issued. Any party adversely affected by the action of the recording official may appeal to the circuit court of any county where the lien or other instrument is recorded within fourteen (14) days by filing a civil action in accordance with the Rules of Civil Procedure. The ruling of the recording official shall be stayed upon the filing of the civil action for the appeal. A final determination of the petition for nullification shall be made by the circuit judge without a jury. The circuit clerk shall notify the appropriate recording official that a petition has been received. Upon receiving this notification, the recording official shall make a record of lis pendens for the pendency of the proceedings in circuit court. Upon a finding by the circuit court that the instrument is false, the appropriate recording official shall mark the instrument as invalid and null with reference to the circuit court's order which shall be appropriately recorded and referenced in the same index or indexes as the original lien or instrument.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.