Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB16 by West (Relating to real property theft and real property fraud; establishing recording requirements for certain documents concerning real property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations, restitution, and certain procedures with respect to those offenses.), As Engrossed
The bill would create the felony offense of real property theft, committed when a person, with intent to deprive the owner and without the owner's consent, either transfers or attempts to transfer real property, title to real property, or certain interest in real property, or attempts or accomplishes the sale, transfer, or encumbrance of the same in exchange for a benefit, and make the offense punishable across a range of penalties from a third degree to a first degree felony, with an option for enhanced penalties in certain circumstances.
The bill would create the felony offense of real property fraud, committed when a person makes a false or misleading statement to obtain real property, or causes another person without their consent to sign or execute, or to file or record, certain documents relating to real property or interest in real property, and make the offense punishable as a second or first degree felony, with an option for enhanced penalties in certain circumstances.
The bill would provide a ten year limit for the presentation of a felony indictment for the newly created offenses of real property theft and real property fraud.
Creating new offenses may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined and in the length of stay for individuals sentenced to a term of confinement.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.