False lien or encumbrance; filing against real or personal property of another, penalty. (SB811)
Introduced By
Del. Tom Garrett (R-Louisa) with support from co-patron Sen. Phil Puckett (D-Tazewell)
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Filing fraudulent liens or encumbrances against a public employee; penalty. Provides that any person who knowingly files a fraudulent lien or encumbrance in a public record against the real or personal property of a state or local employee, member of the General Assembly, member of a local governing body, constitutional officer or employee of a constitutional officer, or board member or employee of a regional jail or jail farm on account of the performance of the official duties of such member, employee, or officer, 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.
Outcome
History
Date | Action |
---|---|
12/20/2012 | Prefiled and ordered printed; offered 01/09/13 13100964D |
12/20/2012 | Referred to Committee for Courts of Justice |
12/27/2012 | Impact statement from VCSC (SB811) |
01/07/2013 | Impact statement from DPB (SB811) |
01/21/2013 | Reported from Courts of Justice with substitute (13-Y 0-N) (see vote tally) |
01/21/2013 | Committee substitute printed 13104320D-S1 |
01/21/2013 | Rereferred to Finance |
01/22/2013 | Incorporates SB1113 |
01/23/2013 | Impact statement from VCSC (SB811S1) |
01/29/2013 | Reported from Finance (15-Y 0-N) (see vote tally) |
01/30/2013 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
01/31/2013 | Read second time |
01/31/2013 | Reading of substitute waived |
01/31/2013 | Committee substitute agreed to 13104320D-S1 |
01/31/2013 | Engrossed by Senate - committee substitute SB811S1 |
02/01/2013 | Bills placed in block (39-Y 0-N) (see vote tally) |
02/01/2013 | Read third time and passed Senate (39-Y 0-N) (see vote tally) |
02/06/2013 | Placed on Calendar |
02/06/2013 | Read first time |
02/06/2013 | Referred to Committee for Courts of Justice |
02/06/2013 | Assigned Courts sub: #1 Criminal |
02/08/2013 | Subcommittee recommends reporting with amendment(s) (8-Y 0-N) |
02/08/2013 | Subcommittee recommends referring to Committee on Appropriations |
02/11/2013 | Committee substitute printed 13105048D-H1 |
02/11/2013 | Substitute bill reprinted 13105048D-H1 |
02/11/2013 | Reported from Courts of Justice with substitute (17-Y 0-N) (see vote tally) |
02/11/2013 | Referred to Committee on Appropriations |
02/12/2013 | Incorporates SB1314 |
02/12/2013 | Assigned App. sub: Public Safety |
02/12/2013 | Impact statement from VCSC (SB811H1) |
02/14/2013 | Subcommittee recommends reporting (7-Y 0-N) |
02/15/2013 | Reported from Appropriations (22-Y 0-N) (see vote tally) |
02/19/2013 | Read second time |
02/20/2013 | Passed by for the day |
02/21/2013 | Read third time |
02/21/2013 | Committee substitute agreed to 13105048D-H1 |
02/21/2013 | Engrossed by House - committee substitute SB811H1 |
02/21/2013 | Passed House with substitute BLOCK VOTE (95-Y 0-N) |
02/21/2013 | VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally) |
02/21/2013 | Passed by temporarily |
02/21/2013 | House substitute agreed to by Senate (39-Y 0-N) (see vote tally) |
02/21/2013 | Title replaced 13105048D-H1 |
03/04/2013 | Enrolled |
03/04/2013 | Bill text as passed Senate and House (SB811ER) |
03/04/2013 | Impact statement from VCSC (SB811ER) |
03/04/2013 | Signed by President |
03/05/2013 | Signed by Speaker |
03/06/2013 | Impact statement from DPB (SB811ER) |
03/16/2013 | G Approved by Governor-Chapter 454 (effective 7/1/13) |
03/16/2013 | G Acts of Assembly Chapter text (CHAP0454) |
Comments
What is the impetus for this bill?
Why are public employees differentiated? Would filing a fraudulent lien against a non-public employee be legal? What am I missing?
I'm glad you asked this, Jim, because I was wondering the same thing.
For anybody not familiar with this topic, it's fascinating and infuriating. I recommend highly listening to Act 2 ("Captive Audience") of the "Held Hostage" episode of This American Life. It's about somebody who files fraudulent paperwork pertaining to property ownership, which is trivial to do, and is a total nightmare for the actual owner of the property. Warning: You'll want to hurl something heavy through your stereo while listening to this.
Waldo -
Thanks for validating that I'm not missing some obvious thing and for the link to This American Life.
I know that was something that was happening a few years ago in Charlottesville - folks filing BS title claims - and I fail to see how public employees are a different class warranting greater protection than the general public. Any chance these State Senators will see this question and offer enlightenment?