MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division B
By: Senator(s) Stone
AN ACT TO CREATE THE CRIME OF ENROLLING A FALSE LIEN STATEMENT AGAINST PUBLIC OFFICIALS OR PUBLIC EMPLOYEES; TO PROVIDE DEFINITIONS; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the terms "public employee" and "public official" shall have the same meaning as set forth in Section 25-4-3.
(2) It is unlawful for any person to knowingly file a false lien or encumbrance in a public record or private record that is generally available to the public against the real or personal property of a public official or public employee on account of the performance of the public official or public employee's official duties, knowing or having reason to know that the lien or encumbrance is false or contains a materially false, fictitious, or fraudulent statement or representation.
(3) Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than one (1) year, a fine not to exceed One Thousand Dollars ($1,000.00), or both.
(4) Unless ordered by a court of competent jurisdiction, the custodian of records may refuse to file, but is not obligated to refuse to file, a lien or encumbrance determined to be false or fraudulent. The custodian of records who rejects a filing on the basis that it would place a false or fraudulent lien or encumbrance against the real or personal property of a public official or public employee shall be immune from any liability for the rejection of the attempted filing.
SECTION 2. This act shall take effect and be in force from and after its passage.