House Bill No. by Representative Owen seeks to strengthen the legal framework for the removal of unauthorized individuals from residential immovable property in Louisiana. The bill introduces new provisions under Code of Criminal Procedure Article 132, which outlines a process for property owners or their authorized agents to request the immediate removal of unlawful occupants. This process requires the completion of a verified complaint form that confirms the property is not open to the public and that the individuals in question are neither current nor former tenants. The sheriff or constable is required to verify the complaint and serve a notice to vacate within a specified timeframe, ensuring a more efficient response to unauthorized occupancy.

In addition to establishing the new complaint process, the bill amends existing laws related to criminal mischief and trespass, introducing penalties for violations that necessitate removal under the new provisions. It expands the definition of criminal mischief to include unlawful occupation of properties and imposes fines and potential imprisonment for offenders. The legislation also addresses fraudulent activities related to the sale or lease of residential property, establishing significant penalties for those who engage in such practices. Overall, the bill aims to protect property rights while providing a streamlined process for property owners to reclaim their properties and enhancing penalties for unlawful occupancy and related offenses.

Statutes affected:
HB895 Original: 14:59(B), 14:63(G)(5), 14:7(B)(3)