The proposed bill seeks to update current statutes concerning the removal of unlawful occupants from residential properties. It introduces new provisions allowing property owners or authorized agents to request the expedited removal of unlawful occupants by law enforcement, contingent upon specific conditions such as the absence of prior cohabitation agreements and no ongoing litigation. Additionally, it mandates the submission of an affidavit of complaint to law enforcement, which must conduct a preliminary investigation to validate the request before proceeding with removal. The bill also removes previous provisions that permitted property owners to seek law enforcement assistance for changing locks or removing personal property, and it eliminates any fees that law enforcement agencies might charge for these services. Moreover, the bill establishes penalties for unlawful occupancy based on property damage, categorizing it as a class 1 misdemeanor for damages under $1,000 and a class 6 felony for damages of $1,000 or more. It clarifies that individuals wrongfully removed from a property cannot pursue legal action against law enforcement unless bad faith is demonstrated. Overall, the bill aims to enhance property owners' rights, streamline the process for reclaiming possession of residential real estate, and address issues related to unauthorized occupancy and property damage.

Statutes affected:
Introduced Version: 33-420, 33-2502
Senate Engrossed Version: 33-420, 33-2502