The Committee on Judiciary proposes the following amendment (SJ-822.MB0002S):

Amend the bill, as and if amended, SECTION 1, by striking Section 27-7-80(A)(1), (2), and (3) and inserting:

  (1) "Fraud," in addition to its normal legal connotation, means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact, a promise or representation not made honestly and in good faith, and an intentional failure to disclose a material fact.
  (2)(1) "Deed Theft" or "Title FraudTheft" means a form of real estate fraud where criminalsa person or entity unlawfully transfertransfers or attempts to transfer a property's ownerproperty owner's title or deed to themselves or to another party without the effective consent of the property owner or with the intent to deprive the property owner of or the nonpossessory interest in the real property .
  (3)(2) "Real Estate Instrument" means any of the following instruments that convey, transfer, encumber, or affect real estate and property including, but not limited to, deeds, mortgages, liens as provided for by law, maps or plats relating to real estate in the county; state tax property notices; or any other document that is used to show ownership of or nonpossessory interest in real property in this State.
  (3) "Effective consent" means consent by a person legally authorized to act for the owner. Effective consent does not include consent induced by deception or coercion or given by a person without legal capacity.
  (4) "Nonpossessory interest" means an interest that may be conveyed by a quitclaim deed or conditional transfer.

Amend the bill further, SECTION 1, by striking Section 27-7-80(B) and (C) and inserting:

 (B) It is unlawful for a person without the effective consent of the property owner, whether with intent to deprive the property owner of or the nonpossessory interest in the real property, to knowingly or intentionally:
  (1) alter, forge, or counterfeit any real estate instruments;
  (2) possess or use a real estate instrument knowing it to have been altered, forged, or counterfeited; or
  (3) use a false or fictitious name or address, use the personal identifying information, as defined in Section 16-15-310, of another person, make a materially false statement, fail to disclose a security interest, or conceal any other material fact in the filing of a real estate instrument.
 (C) A person violating the provisions of this section is guilty of the felony of deedtitle theft and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
 (D) The court may order a person or entity, upon conviction, to pay for:
  (1) the costs for any loss of use of real property;
  (2) loss of or damage to property, including trees, landscaping, or crop; and
  (3) reasonable attorneys' fees, court costs, and actual costs related to the matter.
 (E) Notwithstanding the provisions of this section, and subject to the limitations herein, an attorney licensed to practice law in this State, who conducted or supervised the real estate closing or the preparation of the original instrument, may modify an original real estate instrument to correct or cure errors arising from the instrument's original draft or execution, for the purpose of correcting or clarifying the public record so that it accurately reflects the intent of the parties.

Renumber sections to conform.

Amend title to conform.