House Bill No. [insert bill number] aims 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 the property not being open to the public during the unauthorized entry and the owner having directed the occupants to leave. The bill also requires the use of a specific complaint form to initiate the removal process and outlines the responsibilities of law enforcement in serving notices and verifying the identities of occupants.

In addition to establishing the 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 or trespassing on another's property, with penalties for damages exceeding $1,000. The legislation clarifies that property owners and law enforcement are not liable for damages to personal property of unlawful occupants unless the removal is wrongful, and it allows individuals harmed by wrongful removal to seek civil action. The bill also criminalizes the act of listing or renting property without legal authority, imposing severe penalties for such violations. Overall, the legislation seeks to streamline the removal process while protecting property rights and deterring criminal activity.

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