Bill Text: CT SB00931 | 2017 | General Assembly | Introduced

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Bill Title: An Act Concerning The Fraudulent Filing Of Records.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-03-02 - Public Hearing 03/06 [SB00931 Detail]

Download: Connecticut-2017-SB00931-Introduced.html

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General Assembly		Raised Bill No. 931
January Session, 2017		LCO No. 4516
		*04516_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE FRAUDULENT FILING OF RECORDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2017) (a) A person is guilty of filing a false record against real or personal property when with intent to defraud, deceive, injure or harass another, he or she files, or causes to be filed with a municipality, a record he or she knows, or reasonably should know, is false. As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, and includes any record that is recorded in the office of the town clerk.

(b) A person is guilty of filing a false record under sections 42a-9-501 to 42a-9-526, inclusive of the general statutes, when with intent to defraud, deceive, injure or harass another, he or she files, or causes to be filed with the Secretary of the State or a municipality, a record he or she knows, or reasonably should know, is false.

(c) Filing of a false record is a class D felony.

Sec. 2. Section 42a-9-518 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.

(b) An information statement under subsection (a) of this section must:

(1) Identify the record to which it relates by:

(A) The file number assigned to the initial financing statement to which the record relates; or

(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, the book and page number on which or the date and time that the initial financing statement was recorded;

(2) Indicate that it is an information statement; and

(3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.

(c) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509.

(d) An information statement under subsection (c) of this section must:

(1) Identify the record to which it relates by:

(A) The file number assigned to the initial financing statement to which the record relates; or

(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, the book and page number on which or the date and time that the initial financing statement was recorded;

(2) Indicate that it is an information statement; and

(3) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509.

(e) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.

(f) (1) A person identified in any record filed pursuant to sections 42a-9-501 to 42a-9-526, inclusive, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate a record, when such record was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such record. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such record or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section.

(2) A person who files a petition under subdivision (1) of this subsection shall include, as part of such petition, a certified copy of the record that such person seeks to invalidate.

(3) In determining whether cause exists to doubt the validity of a record under subdivision (1) of this subsection, the court may consider factors that include, but are not limited to, whether (A) the record is related to a valid existing commercial or financial transaction, or a potential commercial or financial transaction, or a judgment of a court of competent jurisdiction; (B) the same individual is named as both debtor and creditor; (C) an individual is named as a transmitting utility; and (D) the record has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.

(4) If the court determines after a hearing that a record identified in a petition filed pursuant to subdivision (1) of this subsection is not valid, the court shall render a judgment that such record is void in its entirety and shall direct the custodian of such record, when feasible, to note that such record is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subdivision (1) of this subsection shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the record adjudged invalid by the court.

Sec. 3. (NEW) (Effective October 1, 2017) (a) A person, as defined in section 42a-1-201 of the general statutes, who has been identified in a filing pursuant to chapters 821 to 822, inclusive, of the general statutes, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate such filing, or any amendment thereof, when such filing was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such filing or amendment. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such filing or amendment or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section.

(b) A person who files a petition under subsection (a) of this section shall include, as part of such petition, a certified copy of the filing, and any amendment thereof, that such person seeks to invalidate.

(c) In determining whether cause exists to doubt the validity of a filing or amendment under subsection (a) of this section, the court may consider factors that include, but are not limited to, whether (1) the filing or amendment is related to a valid existing commercial, financial or real estate transaction, or a potential commercial, financial or real estate transaction, or a judgment of a court of competent jurisdiction; (2) the same individual is named as both debtor and creditor; (3) an individual is named as a transmitting utility; and (4) the filing or amendment has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.

(d) If the court determines after a hearing that a filing identified in a petition filed pursuant to subsection (a) of this section is not valid, the court shall render a judgment that such filing is void in its entirety and shall direct the custodian of such filing, when feasible, to note that such filing is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subsection (a) of this section shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the filing adjudged invalid by the court.

Sec. 4. Subsection (a) of section 52-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, three hundred sixty dollars, except (1) two hundred thirty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars; (2) one hundred seventy-five dollars for summary process and landlord and tenant actions; [and] (3) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or 46b-16a, or for making an application to modify or extend an order issued pursuant to section 46b-15 or 46b-16a; and (4) there shall be no entry fee for a petition brought under subsection (f) of section 42a-9-518, as amended by this act, and section 3 of this act. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his or her complaint to state that such demand is not less than two thousand five hundred dollars.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2017	New section
Sec. 2	October 1, 2017	42a-9-518
Sec. 3	October 1, 2017	New section
Sec. 4	October 1, 2017	52-259(a)

Statement of Purpose:

To establish: (1) A new crime for filing false records, and (2) a judicial process that allows a person to file a petition seeking to invalidate a falsely filed record.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]