HCS/HB 303 - This act creates the offense of filing false documents. For the first offense, filing a false document is a Class D felony, but can be a Class C felony in certain specified instances. Any person who is found guilty of committing such offense shall be ordered to make full restitution to any person or entity that has sustained any actual losses as a result of the commission of such offense. The act specifies that a system shall be created, by January 1, 2018, in which suspicious filings are logged, and outlines the process for petitioning a court when a person has probable cause to believe a filing is fraudulent.
If a filing or record is deemed invalid, the prevailing party shall be awarded all reasonable costs and fees incurred by that party in the action.
This act is substantially similar to provisions in SCS/HCB 1 (2017) and the truly agreed to CCS/SCS#2/SB 128 (2017) and similar to HB 1858 (2016) and provisions in HCS/SB 332 (2017)..
SCOTT SVAGERA