HB4996

HB4996 raises the offense of refusing to release a fraudulent lien or claim from a Class A misdemeanor to a third-degree felony when the property owner is someone the offender knows is a public servant. It covers real or personal property. The ordinary offense remains a Class A misdemeanor when that additional condition is absent.

The existing offense still requires a fraudulent lien or claim, intent to defraud or harm, and refusal to execute a release within the statute’s 21-day period after receiving the required notice requesting release. The request must come from the debtor, obligor or someone with an ownership interest in the property. Existing law presumes intent to harm or defraud when the release is not executed within that period. HB4996 changes the penalty, not those elements; an ordinary good-faith dispute over a legitimate lien is not automatically this offense.

The standard punishment for a third-degree felony is two to ten years in prison, with an optional fine up to $10,000. A Class A misdemeanor ordinarily carries up to one year in jail, a fine up to $4,000, or both. These are statutory ranges, not a prediction of any individual’s sentence. “Public servant” is broader than elected officials: the Penal Code definition includes government employees and agents, jurors and certain other people performing governmental roles. Penalty provisions · Definitions.

The change took effect September 1, 2025, and applies only prospectively. If any element of the offense occurred before that date, former law governs. Enacted text · Existing offense with the new penalty.