If enacted, H6030 will amend Chapter 11-18 of the General Laws concerning fraud and false dealing in the state. The implications of this law include not only potential criminal penalties—up to five years of imprisonment or a fine of $5,000—but also the power of the court to nullify any false liens and seal them from public records. This could significantly deter individuals from attempting to harass or retaliate against judicial figures by filing fraudulent documents.
Summary
House Bill 6030, introduced by Representative Evan P. Shanley, seeks to address the issue of false liens filed against judges or magistrates. The bill specifically criminalizes the act of filing, attempting to file, conspiring to file, or directing someone to file false liens or encumbrances against the property of judges or magistrates and their immediate families. This legislation aims to provide judicial officers with enhanced protection from intimidation and retaliation arising from their official duties.
Contention
While the bill has strong support for its intent to protect judicial officers, concerns may emerge regarding the enforcement of such laws and the definition of what constitutes a 'false lien.' Opponents may argue about the potential for abuse of this statute, particularly in terms of how the veracity of liens will be determined. The balance between protecting judges and safeguarding individual rights, particularly against wrongful accusations, will be a notable point of contention amidst legislative discussions.
Criminalizes the filing of a false lien, instrument, or encumbrance against a federal, state, or municipal judge or magistrate or his or her immediate family, and permits the court to take action to mitigate the negative consequences of such a filing.
Expands the crime of filing a false lien against a law enforcement or court officer to include liens against any clerk of court, deputy clerk of court, and recorder of mortgages (EN INCREASE GF EX See Note)