Senate committee substitute makes the following changes to the 1st edition.
Removes "having reason to know" from the knowledge requirement for the felony of filing a false lien or encumbrance under GS 14-118.6(a).
Amends GS 14-118.6(b) to direct the clerk of court to not file, index, or docket the document the clerk reasonably suspects to be a false lien or encumbrance against the property of a public officer or public employee until a judge of the judicial district having subject matter jurisdiction approves the filing of the document (currently, until that document is approved for filling by the clerk of superior court and a judge having subject matter jurisdiction).
Amends GS 14-159.12(b) to add subsection (f) to provisions that may provide another classification for first degree trespass other than a Class 2 misdemeanor.
Changes GS 14-159.12(f)(1), providing that a violation of the statute (for first degree trespass) is a Class 1 felony and includes a fine of no less than $1,000 for each violation if the offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession (was, pursuant to a valid order for possession).
Changes the long title.
PREVENT SQUATTING IN FORECLOSED REAL PROPERTY.
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| View NCGA Bill Details(link is external) | 2015-2016 Session |
AN ACT TO ENHANCE CRIMINAL PENALTIES FOR PERSONS WHO FRAUDULENTLY RECORD LIENS AND FOR PERSONS WHO COMMIT A TRESPASS TO REAL PROPERTY BY REENTERING AFTER REMOVAL PURSUANT TO A VALID ORDER OR BY KNOWINGLY CREATING OR PRESENTING A FALSE DOCUMENT OF TITLE OR POSSESSION.Intro. by Bingham.
Bill History:
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Tue, 26 Apr 2016 Senate: Filed(link is external)
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Wed, 27 Apr 2016 Senate: Passed 1st Reading(link is external)
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Wed, 27 Apr 2016 Senate: Ref To Com On Judiciary I(link is external)
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Thu, 12 May 2016 Senate: Reptd Fav Com Substitute(link is external)
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Thu, 12 May 2016 Senate: Com Substitute Adopted(link is external)
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Thu, 12 May 2016 Senate: Placed On Cal For 05/17/2016(link is external)
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Tue, 17 May 2016 Senate: Withdrawn From Cal(link is external)
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Tue, 17 May 2016 Senate: Re-ref Com On Appropriations/Base Budget(link is external)
Bill Summaries:
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Bill S 754 (2015-2016)Summary date: May 12 2016 - View Summary
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Bill S 754 (2015-2016)Summary date: Apr 26 2016 - View Summary
Amends GS 14-118.6(a), establishing the offense of filing a false lien or encumbrance against real or personal property, to provide that it is unlawful for (1) any person to file or record (2) a public record or a private record, generally available to the public, containing a false lien or encumbrance (3) against real or personal property of any person (was, of a public officer, a public employee, or an immediate family member of the public officer or public employee on account of the performance of the public officer or public employee's official duties) (4) knowing or having reason to know that the lien or encumbrance is false or contains a materially false, fictitious, or fraudulent statement or representation. Eliminates the definition of immediate family member since it is no longer used in GS 14-118.6. Establishes that any person who violates GS 14-118.6 is guilty of a Class I felony and must pay a fine of at least $1,000 for each violation (was, guilty of a Class I felony).
Amends GS 14-159.12, which establishes the offense of first degree trespass to provide that the offense of first degree trespass is a Class I felony and includes a fine of at least $1,000 for each violation if either (1) the offense occurs on real property where the person has reentered after having previously been removed under a valid order for possession or (2) the offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest.
Effective December 1, 2016, and applies to offenses committed on or after that date.
Appropriates $25,000 from the General Fund to the Governor's Crime Commission of the Department of Public Safety for the 2016-17 fiscal year for a grant to the North Carolina Sheriff's Association Inc., to provide technical assistance and guidance on the enforcement of the criminal penalties established in GS 14-118.6, as amended, and GS 14-159.12, as amended. Effective July 1, 2016.