Falsified public records.

Under existing law, a person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony. This bill would provide that after a person is convicted of a violation of that law, or a plea is entered whereby a charge alleging a violation of that law is dismissed and a waiver is obtained as specified, upon written motion of the prosecuting agency, the court, after a hearing, as specified, is required to issue a written order that the false or forged instrument be adjudged void ab initio if the court determines that an order is appropriate under applicable law. The bill would require the order to state whether the instrument is false or forged, or both false and forged, and describe the nature of the falsity or forgery. The bill would require a copy of the instrument to be attached to the order, at the time the order is issued by the court, and a certified copy of the order to be filed, registered, or recorded at the appropriate public office by the prosecuting agency. The bill would require a prosecuting agency to follow specific procedures for filing the motion, including, but not limited to, requirements to provide notice to interested parties, including, when a criminal action has commenced that may result in adjudications against the false or forged instrument or the property affected by the false or forged instrument. The bill would require a court to take specified procedural actions.