Assigned to JUDE AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1310
false documents; recording; violations
Purpose
Increases, from a class 1 misdemeanor to a class 4 felony, the penalty for knowingly filing
a forged or groundless, materially misstated or otherwise invalid document with the county
recorder asserting a person's claim to real property.
Background
A document purporting to claim an interest in, or a lien or encumbrance against, real
property that is not authorized by law, judgment or other specific legal authority is presumed to be
groundless and invalid. A person is guilty of a class 1 misdemeanor if the person, while purporting
to claim an interest in, or a lien or encumbrance against real property, causes a document asserting
such claim to be recorded with the county recorder and the person knows or has reason to know
that the document is forged, groundless, contains a material misstatement or false claim or is
otherwise invalid (A.R.S. § 33-420).
A class 1 misdemeanor carries a maximum imprisonment sentence of six months and a
civil penalty of not more than $2,500 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Classifies as a class 4 felony, rather than a class 1 misdemeanor, filing a document that asserts
a claim to real property with the county recorder when the person knows the document is forged
or groundless, contains a material misstatement or is otherwise invalid.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Removes the stipulation that a person commits forgery and demonstrates an intent to defraud
if the person knowingly files an invalid document with the county recorder that asserts the
person's claim to real property. FACT SHEET – Amended
S.B. 1310
Page 2
Senate Action
JUDE 2/12/25 DPA 4-2-1
Prepared by Senate Research
February 14, 2025
ZD/KS/ci