SB 925: Title theft; authorizing filing of certain notice; establishing requirements for filing of certain notice; establishing felony offenses for title theft; establishing elements of certain offenses. Effective date. - Oklahoma

Floor (House) → Floor (Senate) · 4 edits

MODERATE

The bill was converted from a House version to a Senate version, changing the title from 'title theft' to 'deed theft' and reorganizing the structure. The Senate version consolidates the fraud provisions into fewer sections and adds a new section requiring county clerks to post signage about the crime. The substantive criminal penalties and procedures for filing notices remain largely similar, though the language was refined for the Senate floor.

Scope change

The bill's scope shifted from 'title theft' to 'deed theft', and the structure was reorganized to align with Senate formatting standards. The core applicability regarding fraudulent property documents remains the same.

DEFINITION

The term 'title theft' was changed to 'deed theft' in the bill title and Section 1, altering the official name of the offense.

REQUIREMENT

A new requirement was added in Section 2 mandating that county clerks post a visible sign warning that knowingly filing fraudulent court records or instruments is a crime.

STRUCTURE

The bill's structure was reorganized from four sections in the House version to three sections in the Senate version, consolidating some provisions and removing the committee report appendix.

TECHNICAL

Formatting and markup were updated to reflect Senate floor version standards, including changes to the header, bill number placement, and page numbering.

SB925 (3-25-25) (HAMILTON) FS FA1.PDF → Floor (House) · 3 edits

MINOR

This bill was converted from a Senate floor substitute version to an engrossed House floor version, adding a new sponsor (Guthrie) and updating the bill title to reflect 'Engrossed Senate Bill'. The substantive legal content regarding title theft definitions, penalties, and filing procedures remains unchanged.

Scope change

No substantive change to the bill's scope or applicability; only formatting and sponsorship information were modified for the House floor version.

TECHNICAL

Added 'Engrossed Senate' designation and included additional sponsor (Guthrie) in the House version header.

Updated bill title from 'Floor Substitute' to 'An Act relating to title theft' with consistent formatting across sections.

Added Committee Report by Oversight Committee on Judiciary and Public Safety dated 04/17/2025.

Enrolled (final version) → SB925 (3-25-25) (HAMILTON) FS FA1.PDF · 3 edits

MINOR

This bill was reformatted from an enrolled Senate version to a floor substitute version for the 60th Oklahoma Legislature. The substantive legal content regarding title theft definitions, penalties, and procedures remained unchanged, but the document structure was modified to reflect floor amendment procedures rather than final enrolled status.

Scope change

No substantive change to the bill's scope or applicability; changes are purely formatting and procedural reflecting the document's transition from enrolled to floor substitute status.

TECHNICAL

Document header changed from 'ENROLLED SENATE' to 'FLOOR SUBSTITUTE' indicating this is a working version for legislative floor consideration rather than the final enrolled version.

Page numbering and formatting were reorganized with new line numbers and page references, but the actual statutory language and legal provisions remained identical.

Removed enrolled status markings including governor's signature lines and secretary of state receipt stamps that would appear on the final enacted version.

Engrossed → Enrolled (final version) · 4 edits · May 1, 2025

MODERATE

The bill was finalized from its Engrossed version to the Enrolled version, which is the final version ready for the Governor's signature. The substantive content of the bill remains unchanged, but the final version includes the Governor's signature block and official passage dates from both legislative chambers. The bill establishes criminal penalties for title theft, creates a process for victims to file notices of fraudulent conveyance, and requires county clerks to post signage about the crime.

TECHNICAL

Added Governor signature block and official passage dates from Senate and House, converting the bill from an Engrossed version to an Enrolled final version ready for codification.

Updated sponsor names from 'Hamilton, Bullard, and Guthrie of the Senate and Osburn of the House' to 'Hamilton, Bullard, Guthrie, and Burns of the Senate and Osburn of the House' in the Enrolled version.

Added 'SUBJECT: Title theft' line in the Enrolled version for clarity.

Changed header from 'ENGROSSED SENATE' to 'ENROLLED SENATE' to reflect final legislative approval.

Introduced → Engrossed · 6 edits · Mar 27, 2025

MODERATE

This bill was significantly rewritten to rename the offense from 'deed theft' to 'title theft' and change the codification location from Title 21 to Title 16. The new version adds a new section allowing victims to file a 'notice of fraudulent conveyance' with the county clerk, which must be posted in public records. The criminal penalties were modified to include mandatory restitution orders for convicted offenders, and the county clerk signage requirement was updated to specifically mention fraudulent documents pertaining to real property.

Scope change

The bill's scope expanded to include a civil remedy mechanism for victims through the notice of fraudulent conveyance filing, and the statutory citation changed from Title 21 to Title 16 of the Oklahoma Statutes.

DEFINITION

The offense name changed from 'deed theft' to 'title theft' and the codification section changed from Section 1534 of Title 21 to Section 311 of Title 16.

REQUIREMENT

Added a new section allowing victims to file a 'notice of fraudulent conveyance' with the county clerk, which serves as constructive notice of alleged fraud and must be recorded in the same manner as a deed.

Updated the county clerk signage requirement to specifically state it is a crime to knowingly file a fraudulent document pertaining to real property with the county clerk.

ENFORCEMENT

Added mandatory restitution orders for convicted offenders, requiring payment to aggrieved parties as authorized by Section 991f of Title 22.

Added authority for county clerks to refuse filing notices they believe constitute sham legal process or slander of title, with a writ of mandamus remedy for aggrieved parties.

TIMELINE

Added an effective date provision stating the act shall become effective November 1, 2025.

Title theft; authorizing filing of certain notice; establishing requirements for filing of certain notice; establishing felony offenses for title theft; establishing elements of certain offenses. Effective date.

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