House Bill No. [insert bill number] seeks to improve the process for removing unauthorized individuals from immovable property in Louisiana by introducing a new Code of Criminal Procedure Article 132. This article allows property owners or their authorized agents to request the immediate removal of unlawful occupants by law enforcement, provided certain conditions are met, such as prior notification to the unauthorized person to leave and the property not being open to the public at the time of entry. The bill also requires the use of a standardized complaint form to streamline this process.

In addition to establishing this removal framework, the bill amends existing laws related to criminal mischief and introduces new provisions concerning the fraudulent sale or lease of immovable property. It expands the definition of criminal mischief to include unlawful detaining, occupying, or trespassing on another's property, with penalties for damages exceeding $1,000. The legislation clarifies the liability of property owners and law enforcement in cases of wrongful removal, allowing for civil action against wrongful evictions, and specifies penalties for individuals who unlawfully list or advertise immovable property, which can include fines up to $10,000 and imprisonment for up to 10 years. Overall, the bill aims to enhance property rights while addressing issues of unlawful occupancy and related criminal activities.

Statutes affected:
HB850 Original: 14:59(B), 14:7(B)(3)