HB182 Enrolled is a legislative bill that amends the Code of Alabama 1975 to enhance the legal framework surrounding burglary, perjury, and fraudulent real estate transactions. The bill introduces a new subsection to the definition of burglary in the third degree, making it a crime to knowingly enter or remain unlawfully in a dwelling and intentionally cause damage of $1,000 or more. It also revises the definition of perjury in the second degree to include presenting a false document related to real property rights with the intent to remain on the property. The bill classifies burglary in the third degree as a Class C felony and perjury in the second degree as a Class A misdemeanor. Furthermore, it establishes the crime of fraudulent sale or lease of residential real property as a Class A misdemeanor and outlines a procedure for property owners or their agents to request the removal of unauthorized individuals from a dwelling, including the submission of a sworn affidavit to law enforcement.

The bill also addresses the issue of squatting, defining "squatter" and providing a process for removing unauthorized occupants from a dwelling. It includes provisions for false reporting to law enforcement, immunity for law enforcement officers and entities acting in good faith, and the ability for individuals to bring a civil cause of action for wrongful removal. Utilities may rely on a writ of possession when discontinuing service without liability, and property owners' rights and law enforcement's authority to arrest for crimes like trespassing are not limited by this section. Law enforcement agencies may charge a fee to process affidavits related to this matter. The bill excludes the need for an eviction action under certain chapters for the removal of a squatter and notes that while it may require new or increased local expenditures, it is exempt from further requirements under a specific section of the Alabama Constitution because it defines or amends the definition of a crime. The act is set to become effective on June 1, 2024, and was passed by the Senate and concurred by the House on April 25, 2024.

Statutes affected:
Introduced: 13A-7-1
Engrossed: 13A-7-7, 13A-10-102, 13A-7-7, 13A-10-102, 13A-7-1
Enrolled: 13A-7-7, 13A-10-102, 13A-7-7, 13A-10-102, 13A-7-1