The bill, SB 466, addresses issues related to criminal trespass and the legal processes surrounding temporary restraining orders and injunctions, particularly in cases involving squatters. It proposes that an occupant commits criminal trespass if they remain on immovable property for more than five days after receiving a written notice to vacate. Additionally, it defines a "squatter" and stipulates that they commit criminal trespass if they fail to vacate the property after being directed to do so by the rightful possessor. The bill retains existing laws while amending certain provisions to enhance the legal framework for property owners seeking to reclaim their property from unauthorized occupants.
Key amendments include the provision that an irreparable injury may result when a person remains on property without a legal interest, and that a plaintiff's affidavit asserting denial of property use by a squatter is sufficient to justify a temporary restraining order without notice. Furthermore, the bill states that security is not required for such orders or preliminary injunctions aimed at removing squatters. The effective date for these changes is set for August 1, 2024.
Statutes affected: SB466 Original: 14:63(C)(2)
SB466 Engrossed: 14:63(C)(2)
SB466 Enrolled: 14:63(C)(2)
SB466 Act 652: 14:63(C)(2)