Bill Text: HI SB2148 | 2014 | Regular Session | Introduced
Bill Title: Fraudulent or improper financing statements; penalties
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2014-01-17 - Referred to CPN, JDL. [SB2148 Detail]
Download: Hawaii-2014-SB2148-Introduced.html
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THE SENATE |
S.B. NO. |
2148 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO fraudulent or otherwise improper financing statements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This legislature recognizes that in recent years the Federal Bureau of Investigations have seen an uptake of fraudulent filings of financial statements and liens on the property of elected officials and others in various counties and states across the country for the purposes of harassment and intimidation. The legislature recognizes that the perpetrators of these acts in most cases do not receive a financial gain thereby making it more difficult to prove fraud and provide protections. The legislature also recognizes that in many cases it is a long and expensive process to remove invalid liens from property records, and that fraudulent acts removing valid liens from property are creating problems and causing great expense to purchasers and title companies in real property transactions. Therefore, it is the intention of this legislature to protect elected officials, judicial appointees and the people by making it an offence to file a fraudulent or improper financing statement.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- FILING fraudulent or otherwise improper financing statements. (1) A person commits the offense of filing fraudulent or otherwise improper financing statements if in the course of filing a lien, release of lien or mortgage, or other document with the Registrar of Deeds knowingly or recklessly causes to be presented for filing or promotes the filing of a record that:
(a) Is not related to a valid lien or security agreement; or
(b) Is not filed pursuant to sections 490:9-502(d); or
(c) Contains a forged signature or is based upon a document containing a forged signature; or
(d) Presents for filing or causes to be presented for filing a record with the intent that it be used to harass or defraud any person;
(2) Penalties.(a) Except as provided in paragraph (2)(b), any person who commits the offense of filing fraudulent or otherwise improper financing statements, shall be guilty of a class C felony.
(b) Any person who commits the offense of filing fraudulent or otherwise improper financing statements, shall be guilty of a class B felony, if the person:
(i) Commits the offense with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against:
(A) A judge, commissioner, referee, arbitrator, or any other person appointed by a judge or court to hear or determine a cause or controversy;
(B) A prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding;
(C) A sheriff or deputy sheriff because of that person's performance of official duties in connection with a sheriff's sale of real property; or
(D) A county recorder because of that person's performance of official duties in connection with the filing of liens placed on real property; or
(E) A legislative officer or an elected official because of that person's performance of official duties; or
(1) Commits the offense after having been previously convicted of a violation of this section.
(3) Venue. A violation of this section may be prosecuted in either the county of residence of the individual listed as debtor or the county in which the filing is made."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Fraudulent or improper financing statements; penalties
Description:
Makes it an offense to file a fraudulent or otherwise improper financing statement. Provides for punishment and penalties for fraudulent filings on real and personal property in retaliation against, or for intimidation of, officers of counties and states for their official actions; and for fraudulent filings for retaliation, intimidation or harassment of individuals and employers. Provides sufficient deterrent for fraudulent filings on real or personal property.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
