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 leave the property when directed by the rightful possessor. The bill also amends existing laws to clarify that irreparable injury may occur when a person is denied use of property they have a legal interest in, and it establishes that security is not required for restraining orders aimed at removing squatters.
Key amendments include the addition of provisions that allow for the issuance of temporary restraining orders without notice when a plaintiff asserts they are being denied use of their property by a squatter. The bill retains existing legal remedies while enhancing protections for property owners against unauthorized occupants. 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)