HOUSE BILL NO. 2099 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE AMATO.
3873H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 534.602, 534.604, and 569.200, RSMo, and to enact in lieu thereof three new sections relating to the unlawful use of real property, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 534.602, 534.604, and 569.200, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 534.602, 534.604, and 569.200, 3 to read as follows: 534.602. 1. For purposes of this section, the following terms mean: 2 (1) "Petitioner", the property owner, or an authorized agent of a property owner, of 3 private noncommercial property [containing a residential dwelling] who has filed a verified 4 petition under the provisions of this section; 5 (2) "Respondent", the person or persons unlawfully occupying private 6 noncommercial property [containing a residential dwelling], against whom a verified 7 petition has been filed; 8 (3) "Unlawful occupant" or "unlawful occupants", any person or persons who detain, 9 occupy, or trespass on private noncommercial property [containing a residential dwelling] 10 without the permission of the property owner, who otherwise have no legal right to occupy 11 the property under state law, and who are not afforded any protections provided to a tenant 12 under state law. 13 2. Notwithstanding any provision of this chapter to the contrary, a property owner or 14 his or her authorized agent may seek relief for the removal of a person or persons unlawfully 15 occupying private noncommercial property [containing a residential dwelling] under this
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2099 2
16 section by filing a verified petition in the county or city not within a county where the 17 property is located. 18 3. Except as provided in subsection 6 of this section, clerks of the court under the 19 supervision of a circuit clerk shall explain to the property owner or his or her authorized agent 20 not represented by counsel the procedures for filing all forms and pleadings necessary for the 21 presentation of his or her petition to the court. Notice of the fact that clerks will provide such 22 assistance shall be conspicuously posted in the clerks' offices. The location of the office 23 where a petition can be filed shall be conspicuously posted in the court building. The 24 performance of duties prescribed in this section shall not constitute the practice of law as 25 defined in section 484.010. All duties of the clerk prescribed in this section shall be 26 performed without cost to the litigants. The supreme court may promulgate rules as 27 necessary to govern conduct of court clerks under this section and shall provide forms for 28 petitions and written instructions on filling out all forms and pleadings necessary for the 29 presentation of the petition to the court. 30 4. Filing fees and court costs under this section shall be the same as filing fees and 31 court costs required when filing a claim in associate circuit court. 32 5. (1) Upon the filing of a verified petition under this section, and for good cause 33 shown in the verified petition, the court shall immediately issue an ex parte order to remove 34 the respondent. The assertion of sufficient evidence that the person or persons are unlawfully 35 occupying private noncommercial property [containing a residential dwelling] shall 36 constitute good cause for purposes of this section. The verified petition shall set forth the 37 following: 38 (a) The petitioner is the property owner or authorized agent of the property owner; 39 (b) [The property that is being occupied includes a residential dwelling; 40 (c)] An unlawful occupant or unlawful occupants have entered and remain or 41 continue to reside on the property owner's property; 42 [(d)] (c) The real property was not open to members of the public at the time the 43 unlawful occupant or unlawful occupants entered; 44 [(e)] (d) The unlawful occupant or unlawful occupants are occupying the property 45 without the permission of the property owner and are not guests of the property owner nor 46 otherwise authorized to make use of the property; 47 [(f)] (e) The property owner has directed the unlawful occupant or unlawful 48 occupants to leave the property and the unlawful occupant or unlawful occupants have failed 49 or refused to vacate the [premises] property; 50 [(g)] (f) The property has not been leased to any person for three consecutive months, 51 and the unlawful occupant or unlawful occupants are not current or former tenants of the 52 property pursuant to any agreement with the property owner; HB 2099 3
53 [(h)] (g) The unlawful occupant or unlawful occupants are not immediate family 54 members of the property owner; and 55 [(i)] (h) There is no pending litigation related to the real property between the 56 property owner and any known unlawful occupant or unlawful occupants. 57 (2) An ex parte order entered by the court to have the unlawful occupant or unlawful 58 occupants removed from private noncommercial property [containing a residential dwelling 59 entered by the court] shall take effect when entered and shall remain in effect until there is 60 valid service of process and a hearing is held on the motion. Such hearing shall be held 61 within forty-eight hours of filing the verified petition unless good cause is shown for a delay. 62 The court shall deny the ex parte order and dismiss the petition if the petitioner is not 63 authorized to seek relief or does not show good cause. 64 (3) Failure to serve an ex parte order on the respondent shall not affect the validity or 65 enforceability of such order. 66 6. Any ex parte order granted under this section shall be to protect the petitioner from 67 trespass by an unlawful occupant or unlawful occupants and may include such terms as the 68 court reasonably deems necessary to ensure the petitioner's safety including, but not limited 69 to: 70 (1) Restraining the respondent from committing or threatening to commit any act of 71 violence, molestation, stalking, assault, or disturbing the peace of the petitioner or the 72 petitioner's property, including violence against a pet; 73 (2) Restraining the respondent from entering the petitioner's [premises] property or 74 dwelling unit or coming within a certain proximity of the petitioner's [premises] property or 75 dwelling unit; and 76 (3) Restraining the respondent from communicating with the petitioner in any manner 77 or through any medium. 78 7. When the court has, after a hearing on the petition, issued an order for relief to 79 permanently exclude an unlawful occupant or unlawful occupants from the petitioner's 80 property, it may additionally: 81 (1) Permanently restrain the respondent from committing or threatening to commit 82 any act of violence, molestation, stalking, assault, or disturbing the peace of the petitioner or 83 the petitioner's property, including violence against a pet; 84 (2) Permanently restrain the respondent from entering the petitioner's [premises] 85 property or dwelling unit or coming within a certain proximity of the petitioner's [premises] 86 property or dwelling unit; 87 (3) Permanently restrain the respondent from communicating with the petitioner in 88 any manner or through any medium; HB 2099 4
89 (4) Permanently expel the respondent from occupying the petitioner's [premises] 90 property or dwelling unit; 91 (5) Permanently expel the respondent's personal property from the petitioner's 92 [premises] property or dwelling unit; 93 (6) Order the respondent to pay all costs of repair to the petitioner's [premises] 94 property or dwelling unit relating to damages caused by the respondent; 95 (7) Order the respondent to pay all costs associated with service of any ex parte order 96 authorized against the respondent; or 97 (8) Order the respondent to pay court costs. 98 8. A verified petition seeking an ex parte order under this section shall contain 99 allegations relating to those orders and shall pray for the orders desired. 100 9. Once the court grants an order under this section, the sheriff of the county or city 101 not within a county in which the property is located shall enforce such order by removing the 102 respondent from the property. 103 10. If appropriate, the sheriff may arrest any person found [in the dwelling] on the 104 property for trespass, outstanding warrants, or any other legal cause. 105 11. The sheriff is entitled to the same fee for the service of the ex parte order granted 106 under this section as if the sheriff were serving a writ of possession under section 57.280. 107 After the sheriff serves the order, the property owner or authorized agent may request that the 108 sheriff stand by to keep the peace while the property owner or agent of the property owner 109 changes the locks if the property contains a residential dwelling and removes the 110 [personal] property, including personal property, of the unlawful occupants from the 111 premises to or near the property line. When such a request is made, the sheriff may charge a 112 reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is 113 responsible for paying the reasonable hourly rate set by the sheriff. The sheriff shall not be 114 liable to the unlawful occupant or occupants or to any other party for the loss, destruction, or 115 damage of property. The property owner or his or her authorized agent shall not be liable to 116 an unlawful occupant or any other party for the loss, destruction, or damage to the [personal] 117 property, including personal property, unless the removal was wrongful. 118 12. A person may bring a civil cause of action if the person was removed from the 119 property under this section without just cause. Such person may seek restored possession to 120 the real property, actual damages to [personal] property, including personal property when 121 [personal] such property was removed, statutory damages in the amount of one thousand 122 dollars, and reimbursement of court costs. Any damages authorized under this subsection 123 shall be offset by any damages to the real property inflicted by the person who was removed 124 from the real property without just cause. Such damages to real property shall be proven by HB 2099 5
125 the property owner. Awards of actual damages shall not exceed the value of the damaged 126 [personal] property. 127 13. The provisions of this section do not limit the rights of a property owner or limit 128 the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, 129 vandalism, theft, or other crimes. 130 14. All proceedings under this section are in addition to any other available civil or 131 criminal remedies, unless otherwise specifically provided in this section. 132 15. (1) The court shall retain jurisdiction over the ex parte order or full order of 133 protection issued under this section for its entire duration. The court may schedule 134 compliance review hearings to monitor the respondent's compliance with the order. 135 (2) The terms of the ex parte order or full order of protection issued under this section 136 are enforceable by all remedies available at law for the enforcement of a judgment, and the 137 court may punish a respondent who willfully violates the ex parte order to the same extent as 138 provided by law for contempt of the court in any other suit or proceeding cognizable by the 139 court. 534.604. 1. When a law enforcement officer has probable cause to believe that a 2 party, against whom an ex parte order under section 534.602 has been entered and who has 3 notice of such order entered, has committed an act in violation of such order, the law 4 enforcement officer shall arrest the offending party-respondent regardless of whether the 5 violation occurred in the presence of the arresting law enforcement officer. 6 2. In an arrest in which a law enforcement officer acted in good faith reliance on this 7 section, the arresting and assisting law enforcement officers and [their] the arresting and 8 assisting law enforcement officer's employing entities and superiors shall be immune from 9 liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution. 10 3. A violation of the terms and conditions of an ex parte order under section 534.602 11 shall be a class A misdemeanor. For the purposes of this subsection, in addition to the notice 12 provided by actual service of the order, a party is deemed to have notice of an ex parte order 13 under section 534.602 if: 14 (1) The law enforcement officer responding to a call of a violation of an ex parte 15 order under section 534.602 presented a copy of the ex parte order to the respondent; or 16 (2) Notice is given by actual communication to the respondent in a manner 17 reasonably likely to advise the respondent. 18 4. Nothing in this section shall be interpreted as creating a civil cause of action for 19 damages to enforce the provisions set forth in this section. 569.200. 1. A person commits the offense of criminal mischief if [he or she] the 2 person unlawfully detains, occupies, or trespasses upon a residential dwelling. HB 2099 6
3 2. The offense of criminal mischief is a class A misdemeanor. ✔
Statutes affected: