LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 895 HLS 24RS 2079
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: April 9, 2024 4:46 PM Author: OWEN, CHARLES
Dept./Agy.: Corrections/Sheriffs/Constables
Subject: Unauthorized Persons and Residential Immovable Property Analyst: Daniel Druilhet
TRESPASS OR SEE FISC NOTE GF EX Page 1 of 2
Provides relative to the removal of unauthorized persons from residential immovable property
Proposed law provides that a property owner or his authorized agent may request the sheriff or constable or marshal of the municipality in which the
residential immovable is located to remove a person unlawfully occupying property under certain conditions; requires that for requests for removal of
unlawful occupants, a residential immovable owner or his authorized agent is required to submit a complete and verified complaint form to the sheriff or
constable of the municipality in which the property is located; provides the complaint form; requires a sheriff or constable to verify the person submitting
the complaint is the record owner of the property or the authorized agent of the owner; provides for methods and fees for service and requires the sheriff or
constable to serve all unlawful occupants a notice to immediately vacate and put the property owner in possession; allows the property owner or authorized
agent to request and provide payment for the sheriff to stand by and keep the peace while locks are changed and the unlawful occupant’s personal property
is removed; provides immunity from liability for the sheriff, constable, property owner, or authorized agent for the loss, destruction, or damage of personal
property unless removal was unlawful; allows suits for wrongful removal and remedies - restoration of possession to the property and costs, damages, court
costs, and attorney fees; adds criminal mischief and penalties - no more than 6 months imprisonment, or a fine of no more than $500, or both; adds no
more than 5 years imprisonment, w/ or w/o hard labor, a fine of no more than $5,000, or both for criminal trespass in a manner requiring removal; defines
fraudulent sale or lease of immovable property and penalty - 10 years imprisonment, w/ or w/o hard labor, or a fine of no more than $10,000, or both.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety & Corrections - Corrections
Services (DSP&C-CS), if a person is convicted of fraudulent sale or lease of immovable property or criminal trespass in a manner requiring
removal. Proposed law is a relative felony, and any impact on either local or state expenditures is contingent on whether offenders sustain
either misdemeanor or felony-grade convictions for its violation. The exact fiscal impact of the passage of this legislation to state or local
governing authorities is indeterminable, since it is not known how many people will be convicted, the number of felony or misdemeanor
convictions of the proposed law that will occur, nor the length of the sentences assessed with those convictions as a result of its potential
enactment.
To the extent that offenders sustain a felony-grade conviction for violation of the proposed law, DPS&C-CS will sustain an indeterminable
increase in expenditures at the local level. DPS&C-CS advises that impacts on offender populations are anticipated to impact the number
of offenders held in local facilities, and that in managing its offender population, it seeks to fill all beds in state facilities first, then assigns
overflow offenders to local facilities. For those convicted, sentenced, and then subsequently housed in a local facility, DPS&C-CS will
sustain expenditures of $26.39 per offender per day. For those housed in state facilities, DPS&C-CS will sustain expenditures of $107.60
per offender per day.
To the extent that offenders sustain a misdemeanor conviction for violation of the proposed law, local governing authorities will sustain
Local Funds expenditures. The exact fiscal impact of the passage of this legislation to local governing authorities is indeterminable, since it
is not known how many people will be convicted and incarcerated in local facilities, nor the length of the sentences assessed with those
convictions as a result of its potential enactment. The maximum imprisonment term is no more than 5 years (criminal trespass requiring
removal) or no more than 10 years (fraudulent sale or lease of immovable property) at the local level.
Proposed law may result in an indeterminable increase in Local Funds expenditures to sheriffs, to the extent that those convicted of
criminal mischief by detaining, occupying, or trespassing upon the immovable property of another person and intentionally damaging the
immovable property in an amount equal to or exceeding $1,000. Proposed law has the effect of expanding the circumstances under which
violations of criminal mischief (a misdemeanor) can occur. The exact fiscal impact to local governing authorities is indeterminable,
CONTINUED ON PAGE 2
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in Local Funds revenues to Sheriffs for serving writs of possession or writs of
ejectment or receiving payment from record owners of property or agents for standing by and keeping the peace while locks are changed
and personal property of unlawful occupants is removed from immovable property. The exact fiscal impact of the proposed law to Local
revenues is indeterminable, as it is silent with respect to the exact fee paid to sheriffs for keeping the peace while locks are changed and
personal property is removed, and it is unknown the number of complaints that will be received.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 895 HLS 24RS 2079
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: April 9, 2024 4:46 PM Author: OWEN, CHARLES
Dept./Agy.: Corrections/Sheriffs/Constables
Subject: Unauthorized Persons and Residential Immovable Property Analyst: Daniel Druilhet
CONTINUED EXPLANATION from page one: Page 2 of 2
[CONTINUED ON PAGE 2]
because the sentence of imprisonment is optional, and it is not known how many people will be convicted and incarcerated in local
facilities, nor the length of the sentences assessed with those convictions as a result of its potential enactment. The maximum
imprisonment term is no more than six months at the local level.
Proposed law may result in an increase in workload to sheriffs, to the extent that sheriffs are required to remove unlawful occupants of
property, verify that persons submitting complaint forms for removal of persons unlawfully occupying immovable property are record
owners of property and entitled to relief, serve all unlawful occupants a notice to immediately vacate and place rightful owners in
possession of property, and stand by and keep the peace while the property owner or agent changes locks and removes the personal
property of unlawful occupants. The exact fiscal impact to sheriffs is indeterminable, because it is unknown the number of times that
complaints to remove persons unlawfully occupying immovable property will be filed, resulting in an increased workload to sheriffs.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer


Statutes affected:
HB895 Original: 14:59(B), 14:63(G)(5), 14:7(B)(3)