Bill Text: VA SB811 | 2013 | Regular Session | Comm Sub

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Bill Title: False lien or encumbrance; filing against real or personal property of another, penalty.

Status: (Passed) 2013-03-16 - Governor: Acts of Assembly Chapter text (CHAP0454) [SB811 Detail]

Download: Virginia-2013-SB811-Comm_Sub.html
13104320D
SENATE BILL NO. 811
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 21, 2013)
(Patrons Prior to Substitute--Senators Garrett and McDougle [SB 1113])
A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.2, relating to filing a fraudulent lien or encumbrance against another; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.2 as follows:

§18.2-213.2. Filing fraudulent lien or encumbrance against a public employee.

Any person who knowingly files a fraudulent lien or encumbrance in a public record against the real or personal property of another, knowing or having reason to know that such lien or encumbrance is false or contains a materially false or fraudulent statement or representation is guilty of a Class 5 felony. The court in its conviction order or in a separate order, shall direct the clerk of any jurisdiction in which a false lien or encumbrance has been filed to release from record such lien or encumbrance specifically described in the conviction order or separate order, including any notice or memorandum of lien. Such lien or encumbrance shall be deemed invalid and shall be treated as if it was never filed.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 3 of the Acts of Assembly of 2012, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

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