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 mandates that the court must inform the defendant of this change in classification upon a finding of guilt for forcible entry and detainer. Furthermore, the bill makes several technical and conforming changes to the existing statutes. It specifies that the writ of restitution shall not issue until five calendar days after judgment, and it clarifies that the enforcement of the writ is not to be delayed by motions to vacate the judgment unless good cause is shown. The amendments aim to strengthen the legal consequences for defendants who do not vacate the property after being served with a writ of restitution.

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