House Bill No. by Representative Owen seeks to improve the legal process for removing unauthorized individuals from residential properties in Louisiana. It introduces new provisions under Code of Criminal Procedure Article 132, allowing property owners or their authorized agents to request the immediate removal of unlawful occupants, provided they can verify ownership, confirm the unlawful nature of the occupancy, and demonstrate that no litigation is pending regarding the property. The bill requires the use of a standardized complaint form and mandates that the sheriff or constable verify ownership within eight hours of receiving the complaint, followed by a notice to vacate being served to the unlawful occupants within 12 hours.

In addition to establishing this removal process, the bill amends existing laws concerning criminal mischief and trespass, introducing heightened penalties for individuals who unlawfully occupy property and cause significant damage, defined as exceeding $1,000. It also addresses fraudulent activities related to the sale or lease of residential properties, imposing penalties for those who engage in such actions without legal authority. The legislation aims to streamline property reclamation for owners while providing clear guidelines and protections for all parties involved, including immunity for law enforcement and property owners from liability for damages unless the removal is deemed wrongful.

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