FORCE ENTRY & UNLAWFUL DETAIN
Summary
Amends the Code of Civil Procedure by adding a new Article regarding forcible entry and unlawful detainer. Sets forth factors establishing when a person is a transient occupant. Provides that a transient occupant unlawfully detains a residential property if the transient occupant remains in occupancy of the residential property after the party entitled to possession of the property has directed the transient occupant to leave. Provides that a transient occupancy terminates when a transient occupant begins to reside elsewhere, surrenders the key to the dwelling, or leaves the dwelling when directed by a law enforcement officer in receipt of an affidavit. Allows, upon receipt of a sworn affidavit by the party entitled to possession, any law enforcement officer to direct a transient occupant to surrender possession of residential property. Provides that a person who fails to comply with the direction of the law enforcement officer to surrender possession or occupancy violates a provision related to criminal trespass to a residence. Provides remedies for a person wrongfully removed and for a party entitled to possession of the real property. Allows for the recovery of personal belongings by a former transient occupant after the former transient occupant has vacated the property.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2024
Committee Review
Floor Vote
Governor
Introduced Feb 8, 2024
Last action Feb 8, 2024
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
3
Key actions
0
Committee
1
Feb 8, 2024
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Dan Didech
DDemocratic
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