The bill amends Sections 13A-7-7 and 13A-10-102 of the Code of Alabama 1975 to strengthen the legal framework surrounding property crimes, specifically focusing on burglary in the third degree and perjury in the second degree. It introduces a new provision that categorizes unlawfully entering or remaining in a dwelling while causing damage of $1,000 or more as burglary in the third degree. Additionally, the definition of perjury in the second degree is expanded to include knowingly presenting false documents related to real property with the intent to civilly detain or remain on the property. Both offenses are assigned specific penalties, with burglary in the third degree classified as a Class C felony and perjury in the second degree as a Class A misdemeanor.
Moreover, the bill establishes a new crime of fraudulent sale or lease of residential real property, also classified as a Class A misdemeanor. It outlines a process for property owners to request the removal of unauthorized individuals from their dwellings through a sworn affidavit submitted to law enforcement, which must include details such as the unauthorized individual's lack of tenant status. Upon verification, law enforcement is required to serve a notice to vacate. The bill also addresses "squatters," defining them as individuals occupying a dwelling without entitlement and allowing law enforcement to act against them without a formal eviction process. It protects law enforcement and governmental entities from liability when acting in good faith and permits individuals harmed by wrongful removal to seek civil damages. Additionally, law enforcement agencies may charge a fee of up to fifty dollars for processing affidavits related to this section, and the act is set to take effect on June 1, 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