Bill

Bill > HB2045


OR HB2045

OR HB2045
Relating to trespassers; prescribing an effective date.


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 requires a court to order the removal of a trespasser at the land owner’s re- quest. (Flesch Readability Score: 65.1). Requires courts to order the removal of trespassers from a residence upon a sworn declaration from an owner or their agent. Requires law enforcement to execute the order. Provides for statu- tory damages for individuals harmed by wrongful use of the process.

AI Summary

This bill establishes a legal procedure for property owners to quickly remove trespassers from residential properties through a specific court-ordered process. The bill defines a "trespasser" as an individual occupying a residential property without permission, and allows property owners or their agents to file a detailed removal petition with the circuit court. The petition must include sworn statements about property ownership, the lack of permission for occupancy, and an affirmation that the occupants are not family members or involved in any existing property litigation. Upon filing, the court must hold an expedited hearing and, if the petition meets requirements, issue an order authorizing law enforcement to remove the trespassers using reasonable force. The law enforcement agency can charge a fee for executing the removal and is granted broad protections from liability. Importantly, the bill includes safeguards for potential wrongful removals, allowing removed individuals to challenge the petition in court and potentially recover damages if the original petition contained knowingly false statements. The bill also provides that any personal property left behind can be treated as abandoned and immediately disposed of, with some exceptions for vehicles and manufactured dwellings. The legislation is set to take effect 91 days after the 2025 regular legislative session adjourns.

Committee Categories

Justice

Sponsors (12)

Last Action

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

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