HB 25-1104

Abstract

The bill prohibits a person from occupying a premises without the consent of a person holding legal ownership or a designee of a person holding legal ownership of the premises (landowner). A person who occupies a premises without the consent of the landowner commits the new crime of squatting. The first conviction for a violation of squatting is an unclassified misdemeanor punishable by a fine not to exceed $2,000 per offense. Upon conviction, a court shall also fine an individual convicted of squatting not more than $1,000 for each day the individual unlawfully occupied the premises. A person convicted of squatting more than once commits an unclassified misdemeanor, which is punishable by a fine of no more than $2,000 and by up to 6 months in jail, in addition to the fine for each day an individual convicted of squatting unlawfully occupied the premises. The court shall order restitution to the landowner for any damage the individual caused to the premises and for any legal costs and fees incurred as a result of the individual's presence on the premises and removal from the premises. A court shall issue a ruling to a person accused of squatting within 10 days after the person is charged with squatting. Upon a conviction of an individual for squatting, a court shall order the individual to vacate the premises immediately. Before a conviction, if the landowner of a premises unlawfully occupied by an individual notifies law enforcement of the individual's presence, law enforcement shall remove the individual within 24 hours after the landowner of the premises presents legal title as proof of ownership of the premises to law enforcement. If legal title as proof is presented, law enforcement shall remove the person who is unlawfully on the premises without the need for a court order. A person convicted of squatting shall not recover damages from the landowner of the premises where damage occurred. (Note: This summary applies to this bill as introduced.)