House Bill No. [insert bill number] aims to strengthen the legal framework for the removal of unauthorized occupants from immovable property in Louisiana by introducing a new Code of Criminal Procedure Article 132. This article outlines a process for property owners or their authorized agents to request the immediate removal of unlawful occupants by law enforcement, contingent upon specific conditions being met, such as the property not being open to the public and the occupants not being current or former tenants. The bill emphasizes the protection of property rights and aims to deter criminal activities like theft and vandalism.

In addition to establishing this removal process, 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 detainment or damage to another's property valued at $1,000 or more, while maintaining existing penalties and introducing new ones for violations related to fraudulent property transactions. The bill also clarifies that property owners and law enforcement are not liable for damages during the removal process unless the removal is wrongful, and it allows individuals harmed by wrongful removal to seek civil action and recover damages. Overall, the legislation aims to streamline property reclamation while providing legal protections for all parties involved.

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