Bill > SB1307

This bill modifies existing law regarding the process for declaring a false or forged instrument, such as a fraudulent deed or lien, void from the beginning (ab initio). Instead of requiring a conviction or a specific waiver before a prosecuting agency can request a court order to void such an instrument, this bill allows the court to issue the order after a defendant is charged with the crime, following a hearing. It also introduces an option for the defendant to agree to the instrument being voided. The bill clarifies that the court must find by clear and convincing evidence that the instrument is indeed false or forged and that no interested parties would be harmed by voiding it before issuing the order. Additionally, the timelines for notifying interested parties and for holding the hearing on the motion to void the instrument are shortened from 90 days to 30 days. The bill also adds provisions allowing the court to hold the hearing on voiding the instrument at any point before or after a defendant is found mentally incompetent to stand trial, and it clarifies that a prosecuting agency includes various city, district, and state legal offices.

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB1307