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LA HB262

LA HB262
Provides relative to the removal of unauthorized persons from immovable property (OR NO IMPACT See Note)


summary

Introduced
04/01/2025
In Committee
04/14/2025
Crossed Over
Passed
Dead
06/12/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT To amend and reenact R.S. 14:63(C)(2)(a)(ii) and (b) and to enact Code of Criminal Procedure Article 215.3, relative to the removal of unauthorized persons from immovable property; to provide for a definition; to provide for duties of peace officers; to provide for reasonable suspicion; to provide relative to the crime of trespass; and to provide for related matters.

AI Summary

This bill introduces new legal provisions for addressing unauthorized occupancy of property in Louisiana, replacing the term "squatter" with "adverse possessor" and establishing clearer guidelines for law enforcement to remove individuals from properties they do not lawfully possess. The bill allows peace officers to arrest an adverse possessor without a warrant when they have reasonable suspicion of criminal activity, with reasonable suspicion being presumed based on specific objective facts such as signs of forcible entry, property conditions, or neighbor observations. A complaint from a neighbor, witness, or other interested party can now constitute reasonable suspicion for arrest. The legislation defines an adverse possessor as any person who remains on property without a right of possession, ownership, occupancy, or lease interest, and specifies that continued presence after being directed to vacate by a lawful possessor (either verbally, in writing, or through posted signage) can be considered trespassing. These changes aim to provide law enforcement with clearer tools to address unauthorized property occupation and protect property owners' rights.

Committee Categories

Justice

Sponsors (1)

Last Action

House Committee on Criminal Justice (10:00:00 5/14/2025 Room 6) (on 05/14/2025)

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