Existing law makes it a felony to knowingly procure or offer a false or forged instrument to be filed, registered, or recorded in a public office in this state, which, if genuine, might be filed, registered, or recorded under any law of this state or the United States. After a person is convicted of that crime or a specified waiver is obtained, and upon written motion of the prosecuting agency, existing law requires the court to issue a written order that the false or forged instrument be adjudged void ab initio. Existing law prescribes procedures for a prosecuting agency to file that motion.
This bill would authorize the defendant to alternatively stipulate to the voiding of the false or forged instrument for purposes of the motion. The bill would require the court to, after the prosecution has established by clear and convincing evidence that the instrument is false or forged and that there are no interested parties that would be adversely affected by voiding the instrument, issue the written order, as provided.
Statutes affected: SB1307: 115 PEN
02/20/26 - Introduced: 115 PEN
04/20/26 - Amended Senate: 115 PEN
SB 1307: 115 PEN