This bill proposes to amend current statutes regarding criminal trespass related to writs of restitution. Under the current law, a defendant who is lawfully served with a writ of restitution and remains in or returns to the property commits "criminal trespass in the third degree." The bill would change this classification to "criminal trespass in the first degree," thereby increasing the severity of the offense. Additionally, the bill requires the court to inform defendants found guilty of forcible entry and detainer that they are subject to this higher classification of criminal trespass if they remain on the property after being served with the writ.

The bill also makes technical changes to the language of the statute, including the deletion of references to "third degree" trespass and the insertion of "first degree" trespass, as well as updates to the relevant sections of the Arizona Revised Statutes. The overall effect of these changes would be to impose stricter penalties on defendants who violate the terms of a writ of restitution, thereby enhancing the enforcement of property rights following eviction proceedings.

Statutes affected:
Introduced Version: 12-1178
House Engrossed Version: 12-1178