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Bill > HB2440


OR HB2440

OR HB2440
Relating to unauthorized use of real property.


summary

Introduced
01/13/2025
In Committee
01/17/2025
Crossed Over
Passed
Dead
06/27/2025

Introduced Session

2025 Legislative Measures

Bill Summary

The statement includes a measure digest written in compliance with applicable readability standards. Digest: This Act allows an owner to ask the cops to remove people who are illegally in a house or office. It raises penalties for stealing a house or office. (Flesch Readability Score: 69.5). Requires law enforcement to investigate and remove unlawful occupants upon declaration and payment of a fee by a property owner. Amends trespassing and forgery criminal laws related to dwellings or commercial properties.

AI Summary

This bill introduces a comprehensive approach to addressing unauthorized property occupation, providing property owners with a formalized legal mechanism to remove individuals illegally occupying their residential or commercial buildings. The bill establishes a detailed process where property owners can submit a sworn declaration to law enforcement agencies (defined as county sheriffs or city police chiefs) requesting the removal of unlawful occupants, with specific requirements including that the property was not open to the public, the occupants are not tenants or family members, and no existing litigation exists. Law enforcement must then conduct a fact-finding investigation, and if probable cause is established, they are required to serve a notice to vacate and use reasonable force to restore the property owner's possession. The bill also amends existing criminal laws to enhance penalties for trespassing and forgery, specifically creating a more severe felony classification for trespassing that causes over $1,000 in property damage and expanding forgery definitions to include fraudulent listings or advertisements related to property sales or rentals. Importantly, the bill includes protections for both property owners and potential unlawful occupants, such as requiring property owners to indemnify law enforcement and allowing removed occupants to seek legal recourse if they were wrongly displaced.

Committee Categories

Justice

Sponsors (5)

Last Action

In committee upon adjournment. (on 06/27/2025)

bill text


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