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 |Add To My Favorites |Track Bill | Version: 06/17/26 - Amended Assembly
 06/15/26 - Amended Assembly
 04/20/26 - Amended Senate
 02/20/26 - Introduced

 SB-1307 False or forged instruments.(2025-2026)

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 Date Published: 06/17/2026 09:00 PM

SB1307:v96#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 June 17, 2026

 Amended
 IN 
 Assembly
 June 15, 2026

 Amended
 IN 
 Senate
 April 20, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 1307

Introduced by Senator Jones

February 20, 2026

 An act to amend Section 115 of the Penal Code, relating to forgery. 

LEGISLATIVE COUNSEL'S DIGEST

SB 1307, as amended, Jones.
 False or forged instruments.

Existing law makes it a felony to knowingly procure or offer a false or forged instrument to be filed, registered, or recorded in a public office in this state, which, if genuine, might be filed, registered, or recorded under any law of this state or the United States. After a person is convicted of that crime or a specified waiver is obtained, and upon written motion of the prosecuting agency, existing law requires the court to issue a written order that the false or forged instrument be adjudged void ab initio. Existing law prescribes procedures for a prosecuting agency to file that motion. The California Constitution provides for the right to truth in evidence, which requires a 2/3 vote of the
 Legislature to exclude any relevant evidence from any criminal proceeding, as specified. 

This bill would authorize a defendant who is granted diversion to stipulate to the voiding of the false or forged instrument. The bill would authorize a court in those circumstances, upon a motion by the prosecution, to issue a written order that the false or forged instrument be adjudged void ab initio. The bill would, if the defendant withdraws from diversion or fails to complete the terms of diversion and criminal proceedings are reinstated, prohibit the stipulation from being used in connection with any civil or criminal proceeding without the defendant’s consent. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 2/3 vote of the Legislature. 

Digest Key

 Vote:
 MAJORITY2/3 
 Appropriation:
 NO 
 Fiscal Committee:
 NO 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 115 of the Penal Code is amended to read:

115.

 (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.

(b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section.

(c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution
 or imposition of sentence be suspended for, any of the following persons:

(1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding.

(2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000).

(d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense.

(e) (1) (A) After a person is convicted of a violation of this section, or a plea is entered whereby a charge alleging a violation of this section is dismissed and waiver is obtained pursuant to People v. Harvey (1979) 25 Cal.3d 754, upon written motion of the prosecuting agency, the court, after a hearing described in subdivision (f), shall issue a written order that the false or forged instrument be adjudged void ab initio if the court determines that an order is appropriate under applicable law. The order shall state whether the instrument is false or forged, or both false and forged, and d