The proposed legislation aims to address unauthorized occupancy, commonly known as squatting, by establishing it as a distinct criminal offense. Under this bill, occupying a property without the owner's consent constitutes the crime of squatting.
Key Provisions:
First Offense Penalties: An individual convicted of squatting for the first time faces an unclassified misdemeanor charge, punishable by a fine up to $2,000. Additionally, the court may impose a fine of up to $1,000 for each day the property was unlawfully occupied.
Repeat Offense Penalties: Subsequent convictions elevate the offense to an unclassified misdemeanor, carrying a maximum fine of $2,000, potential imprisonment for up to six months, and daily fines up to $1,000 for the duration of the illegal occupancy.
Restitution: Courts are mandated to order individuals convicted of squatting to compensate property owners for any damages incurred, including vandalism and legal expenses related to the eviction process.
Expedited Legal Proceedings: The bill requires courts to issue rulings on squatting charges within ten days of filing, ensuring swift legal action.
Immediate Eviction Upon Conviction: Following a conviction, the court must order the immediate removal of the individual from the premises.
Pre-Conviction Removal: Property owners can request law enforcement to remove unauthorized occupants prior to conviction by presenting proof of legal ownership. Upon verification, law enforcement is obligated to remove the individual within 24 hours, without necessitating a court order.
Protection for Property Owners: Individuals convicted of squatting are prohibited from seeking damages from property owners for any harm experienced during the unlawful occupancy.
This legislation seeks to reinforce property rights by providing clear legal recourse for property owners and establishing stringent penalties to deter unauthorized occupancy.
Summary
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.
