The proposed bill would update current statutes by allowing property owners or their authorized agents to request the removal of unlawful occupants by law enforcement under specific conditions, such as the absence of a cohabitation agreement and no pending litigation. This process would require the submission of an affidavit of complaint, and law enforcement must conduct a preliminary investigation before proceeding with removal. Additionally, the bill removes previous provisions that allowed property owners to seek law enforcement assistance during lock changes and eliminates any associated fees for removal requests.

The bill also introduces new penalties for unlawful occupancy, categorizing damages under $1,000 as a class 1 misdemeanor and damages of $1,000 or more as a class 6 felony. It clarifies that individuals wrongfully removed from a property cannot pursue legal action against law enforcement unless bad faith is demonstrated. Furthermore, it criminalizes the act of listing or advertising residential property for sale or rent without legal authority, classifying it as a class 6 felony. Overall, these updates aim to streamline the removal process for property owners while enhancing protections against unauthorized occupancy and related criminal activities.

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