BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1267


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          Date of Hearing:   May 5, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1267  
          (Bloom) - As Amended April 27, 2015


          SUBJECT:  Lawsuits, liens, and other encumbrances


          KEY ISSUE:  Should an existing law that prohibits filing a  
          lawsuit, lien, or other encumbrance against a public official  
          for purposes of harassment be extended to prohibit such filings  
          to harass a private person or entity? 


                                      SYNOPSIS


          Existing law prohibits a person from filing or recording a  
          lawsuit, lien, or other encumbrance against a public official or  
          employee, knowing that it is false, with the intent to harass  
          the official or employee or to influence or hinder the official  
          or employee in carrying out his or her official duties.  This  
          bill would extend existing law protections to all persons who  
          are the victims of such filings or recordings.  This bill would  
          also extend the associated remedies now only available to public  
          officials to all other persons.  According to the  
          Anti-Defamation League (ADL), a number of extremist groups -  
          especially, the anti-government "sovereign citizen" movement -  
          have increased their use of these tactics since 2009.  And while  
          they often target government officials, given their ideology,  
          they also sometimes target private citizens.  This bill seeks to  








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          protect these private victims from "paper terrorism" by giving  
          them the same options currently available to public officials  
          and public employees: the ability to seek civil remedies and  
          remove the false lien or encumbrance from the record.  The bill  
          is sponsored by the ADL and supported by the California Police  
          Chiefs Association, the California District Attorneys  
          Association, and CSAC Excess Insurance Authority, a Joint Powers  
          public agency.  There is no known opposition.  


          SUMMARY:  Extends an existing law that prohibits a person from  
          filing or recording lawsuits, liens, and other encumbrances  
          against a public official or employee for purposes of  
          harassment, and that provide corresponding remedies to the  
          victims thereof,  to any person or entity subject to such  
          lawsuit, lien, or encumbrance.  Specifically, this bill:  


          1)Prohibits a person from filing or recording a lawsuit, lien,  
            or encumbrance against another person or entity, knowing it is  
            false, with the intent to harass the person or entity or to  
            influence or hinder the person in discharging his or her  
            official duties if the person is a public officer or employee.  
             Subjects any person who knowingly violates this provision to  
            a $5,000 civil penalty.


          2)Permits a person or entity that is subject to lien or  
            encumbrance that violates the provisions of this bill to  
            petition the appropriate superior court.  Requires the court  
            to order the lien or other encumbrance claimant to appear at a  
            hearing before the court and show cause why the lien or other  
            encumbrance should not be stricken and other appropriate  
            relief granted.  If the court finds that lien or encumbrance  
            was unlawfully filed, the court shall strike the lien or  
            encumbrance and award costs and reasonable attorney's fees to  
            the petitioner.  If the court finds that the lien or  
            encumbrance is valid, it shall issue an order so stating and  
            award costs and reasonable attorney's fees to the lien or  








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            encumbrance claimant.


          EXISTING LAW:  


          1)Prohibits a person from filing or recording a lawsuit, lien,  
            or other encumbrance, as specified, against a public officer  
            or employee, knowing it is false, with the intent to harass  
            the officer or employee or to influence or hinder the public  
            officer or employee in discharging his or her official duties.  
             Subjects any person who knowingly violates this provision to  
            a $5,000 civil penalty.  (Government Code Section 6223.)


          2)Permits a public officer or employee whose property is subject  
            to a lien or encumbrance that violates the above provision to  
            petition the appropriate superior court for an order directing  
            the lien or encumbrance claimant to appear at a hearing to  
            show why the lien or encumbrance should not be stricken and  
            other appropriate relief granted.  If the court finds that the  
            lien or encumbrance was unlawfully filed, the court shall  
            strike the lien or encumbrance and award costs and reasonable  
            attorney's fees to the petitioner.  If the court finds that  
            the lien or encumbrance is valid, it shall issue an order so  
            stating and award costs and reasonable attorney's fees to the  
            lien or encumbrance claimant.  (Code of Civil Procedure  
            Section 765.010. and 765.030.) 


          3)Makes 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, as specified, guilty of a  
            felony, and provides a process to allow a judge to declare an  
            instrument void, as specified.  (Penal Code Section 115.)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal. 








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          COMMENTS:  Sponsored by the Anti-Defamation League (ADL), this  
          bill seeks to address the problem of "paper terrorism" - or the  
          practice of filing legal documents, knowing that they are false  
          and meritless, in order to harass, intimidate, threaten, or  
          retaliate against both public officials and private citizens.   
          The author and sponsor are particularly concerned by extremist  
          anti-government groups, especially the so-called "sovereign  
          citizen" movement.  For example, one "sovereign citizen" member  
          in Chico, California, filed false liens against judges, lawyers,  
          Internal Revenue Service officers, and private witnesses who  
          were involved in his trial for various kinds of tax fraud.  In  
          November of 2014, he was sentenced to three years in federal  
          prison. 


          Existing Law Protects Public Officials and Public Employees.   
          Existing law prohibits a person from filing a knowingly false  
          lawsuit, lien, or encumbrance against a public official or  
          employee for the purposes of harassing the official or employee,  
          or attempting to influence or interfere with the official or  
          employee in the carrying out of his or her official duties.   
          Existing law also provides expedited procedures by which a  
          public official or employee may seek civil remedies and have a  
          false lien or encumbrance removed from the record.   
          Specifically, existing law allows a public official or employee  
          to file a petition with the superior court for an order  
          requiring the person who filed the false and harassing document  
          to appear before the court and show cause why the lien or  
          encumbrance should not be stricken from the record.  (In the  
          case of a falsely filed lawsuit, there is, of course, no need to  
          require the person who recorded the false document to appear  
          before the court since there is already a lawsuit.)  If the  
          court finds that the lien or encumbrance was filed only to  
          harass or unduly influence the official or employee, the court  
          will strike the lien or encumbrance and award costs and  
          reasonable attorney's fees to the victim.  If, on the other  
          hand, the court finds that the lien or encumbrance was lawfully  








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          and legitimately recorded, then the lien or encumbrance stays on  
          the books and the person wrongly accused of recording the false  
          document will be awarded costs and attorney's fees.  The person  
          who filed the false lawsuit, however, would be subject to a  
          $5,000 civil penalty.  


          This straight-forward bill simply applies the existing  
          prohibitions and remedies relative to false lawsuits, liens, and  
          encumbrances against public officials and employees to instances  
          in which false and harassing lawsuits, liens, and encumbrances  
          are filed or recorded against any person or entity.  The  
          rationale for this extension, according to the author, is an  
          alleged resurgence in "paper terrorism" by groups like the  
          "sovereign citizens" movement that target both public officials  
          and private persons. 


          The need for this bill, according to the author, is illustrated  
          by at least three California cases in the past year where  
          members of the sovereign citizens' movement filed harassing  
          liens against California public officials, mostly judges and  
          Internal Revenue Service employees and agents.  In each of these  
          cases the persons who filed the false liens against public  
          officials were prosecuted.  These cases illustrate the recent  
          nature of the problem, but they also reveal the limitation of  
          existing law: private persons subject to the same liens would  
          not have had the same remedies.  This bill seeks to address that  
          shortcoming in existing law. 


          Recent Amendments Remove Proposed County Recorder Program.  The  
          bill was recently amended twice: first to include, and then to  
          remove, provisions that would have given a county recorder the  
          discretion to refuse filings if it has a reasonable belief that  
          the documents filed for recording are false, fraudulent, or  
          being filed for some other unlawful purpose.  The recent  
          amendments would also have required county recorders to develop  
          a fraud alert program by which a person who subscribes to that  








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          program will be notified whenever another person attempts to  
          file a lien or other claim against the subscriber's property.   
          However, the author agreed to delete this portion of the bill  
          until all the implications and workability of such a program  
          could be considered by the county recorders and other interested  
          groups.  At some point the author may seek to amend the bill  
          once again to establish such a program, so that property holders  
          will know when someone has filed a harassing and unlawful lien  
          or encumbrance against the property. 


          ARGUMENTS IN SUPPORT:  According to the author, the impetus for  
          this bill primarily arises out of concerns about the tactics of  
          extremist groups like the "sovereign citizen movement" and its  
          recent "surge of popularity since 2009."  According to the  
          author, one of the most popular sovereign citizen tactics is  
          known as "paper terrorism," which refers to "the use of bogus  
          legal documents and filings, or the misuse of legitimate ones,  
          in order to intimidate, harass, threaten, or retaliate against  
          public officials, law enforcement officers, or private  
          individuals."  The author contends that acts of "paper  
          terrorism" can range from "simple and straightforward filings,  
          such as frivolous lawsuits, to more complex strategies, such as  
          filing IRS forms that fraudulently allege victims have been paid  
          large sums of money on which they declared no taxes.  The most  
          popular paper terrorism tactic is the use of bogus liens or  
          other documents to cloud title to property owned by victims.   
          Whatever the ploy, the result creates serious legal and  
          financial problems for those targeted."


          ADL, the sponsor, is similarly concerned about the tactics of  
          the "sovereign citizen" movement and related groups.  The ADL  
          writes that while it is "encouraged by the positive steps the  
          State of California has already taken to fortify existing paper  
          terrorism protections, there is more to do.  For instance,  
          California currently provides a fast track removal process and  
          civil remedies for false filings" these provisions "only apply  
          to public officers and employees, while sovereign citizens also  








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          target others."  ADL believes, therefore, that AB 1267 will  
          appropriately extend "these protections to individuals -  
          including the spouses and relatives of public officers, as well  
          as private citizens and businesses."  ADL notes that AB 1267  
          will "bring California in line with the ten states that  
          currently provide fast track removal process to individuals and  
          businesses, and the twenty-five states that provide civil  
          remedies for false filings." 


          Prior Related Legislation:  AB 1686 (Wagner, Chapter 455,  
          Statutes of 2014) amended California Penal Code Section 615,  
          which generally prohibits the filing of false or forged  
          documents, to allow a judge to declare an instrument void when  
          there is a finding that that instrument is forged or false.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Anti-Defamation League (ADL) (sponsor)


          California District Attorneys Association 


          California Police Chiefs Association 


          CSAC Excess Insurance Authority, a Joint Powers Authority












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          Opposition


          None on file 




          Analysis Prepared by:Thomas Clark / JUD. / (916) 319-2334