House Bill No. by Representative Phelps aims to enhance the legal framework surrounding the removal of unauthorized individuals from immovable property by defining the term "adverse possessor" and outlining the responsibilities of peace officers in such situations. The bill allows peace officers to arrest an adverse possessor without a warrant if they have reasonable suspicion that the individual has violated any provisions of Title 14 of the Louisiana Revised Statutes. This reasonable suspicion can be established through complaints from neighbors or witnesses, as well as specific objective facts such as signs of forcible entry or the condition of the property.

Additionally, the bill amends existing law by replacing the term "squatter" with "adverse possessor" in the context of criminal trespass, thereby clarifying the legal terminology used in these cases. The proposed law retains the general provisions of current law while updating the definitions and procedures related to trespass. The Louisiana State Law Institute is also directed to alphabetize and renumber the definitions in the relevant statutes to ensure consistency with the new language introduced by this bill.

Statutes affected:
HB262 Original: 14:63(C)(2)