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 allows for the issuance of temporary restraining orders without notice in cases where a squatter is involved.
Key amendments include the removal of certain House amendments that would have altered the proposed law regarding temporary restraining orders and the requirement for property owners to obtain court orders for eviction. The bill specifies that security is not required for temporary restraining orders or preliminary injunctions aimed at removing squatters, and it retains all other existing legal remedies available to petitioners. 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)