Bill Summary for S 754 (2015-2016)

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Summary date: 

May 12 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 754 (Public) Filed Tuesday, April 26, 2016
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.

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Bill summary

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.