Relating to real property, including the removal of unauthorized persons and trespass, and providing penalties

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to real property owners’ rights against unauthorized occupants and modifies the definition of trespass. The bill allows a real property owner to submit to law enforcement a complaint to remove unauthorized persons occupying the owner’s real property if all of the following conditions are met: (1) the requesting person is the real property owner or their authorized agent, (2) the person entering, remaining upon, or occupying the real property is not authorized to be there, (3) the unauthorized person has been notified that they are not permitted to be on the real property, (4) the unauthorized person is not a current or former tenant, (5) the unauthorized person is not an immediate family member of the owner, and (6) there is no pending litigation relating to the real property between the property owner and the unauthorized person. The bill provides that law enforcement, upon receipt of the complaint, shall conduct an investigation. If the investigation indicates sufficient grounds that the above conditions are met, the law enforcement agency shall direct the unauthorized occupant to immediately vacate, provide a written notice to immediately vacate, and put the owner in possession of the real property. The bill allows a law enforcement agency to collect an hourly fee for services provided which shall be assessed against the unauthorized occupant. The bill provides that if a real property owner knowingly submits a false complaint, the real property owner shall indemnify the law enforcement agency for any damages awarded against the agency for any good faith conduct that was based on the complaint. The bill provides for criminal penalties for an unauthorized person occupying real property who, after receiving a notice to vacate the property, fails to do so. If the unauthorized person intentionally damages the property causing damages less than $1,000, the person commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. If the unauthorized person intentionally damages the property causing damages more than $1,000, the person commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.