HB1049
To Amend Arkansas Law Concerning Criminal Offenses; And To Criminalize Unlawful Squatting.
AI-Generated Summary
This bill, House Bill 1049, amends Arkansas law to create a new criminal offense of "unlawful squatting." It defines unlawful squatting as knowingly entering and residing in a premises without lawful authority. This definition specifically excludes current tenants, individuals with valid agreements, and immediate family members of the owner. To commit the offense, a person must knowingly enter and reside on another's premises without lawful authority, be unable to produce specific documents proving their right to occupy (such as a deed, lease, or recent rent receipt), and the premises must not be open to the public. The owner must have directed the person to leave or contacted law enforcement. The bill specifies that only the owner or their authorized representative can file a report of unlawful squatting. Unlawful squatting is classified as a Class B misdemeanor for a first offense, escalating to a Class A misdemeanor for a second offense, and a Class D felony for a third offense. Providing false documentation to justify occupancy is also a Class D felony. Victims of unlawful squatting are granted a private right of action to recover damages and attorney fees. Additionally, filing a false report of unlawful squatting is explicitly added as a Class D felony.
Potential Impact Analysis
Who Might Benefit?
Property owners, landlords, and potentially real estate developers would be the primary beneficiaries of this bill. By establishing a clear criminal offense for unlawful squatting and providing a streamlined process for law enforcement intervention and legal recourse, the bill aims to protect property rights and deter unauthorized occupation. Property owners would have a stronger legal framework to remove individuals who are residing on their property without permission, potentially saving them time and money previously spent on lengthy civil eviction processes.
Who Might Suffer?
Individuals who are residing on property without a formal lease or ownership, and who may lack documentation to prove their right to occupy, would be most directly and negatively impacted. This could include individuals experiencing homelessness who have found shelter in vacant properties, or those who have informal arrangements with property owners that are not well-documented. The bill's provisions could lead to criminal charges and penalties for such individuals, including misdemeanors and felonies, and potentially impact their ability to secure future housing or employment due to a criminal record.