HB 96: Expedited Removal of Unauthorized Persons. - North Carolina

A1: ACE-32-V-1 → Edition 1 · 6 edits

MODERATE

This document transforms from an amendment proposal to a complete legislative bill. The new bill establishes a formal legal process for property owners to request law enforcement removal of unauthorized occupants through a sworn affidavit filed with the clerk of superior court, replacing the previous amendment format with full statutory text.

Scope change

Changed from an amendment to existing law to creating entirely new statutory provisions in Chapter 42 of the General Statutes, establishing a new Article 8 specifically for expedited removal of unauthorized persons from residential property.

SCOPE

Created new Article 8 in Chapter 42 establishing expedited removal procedures for unauthorized persons from residential property.

DEFINITION

Added seven new statutory definitions including 'unauthorized person,' 'authorized representative,' 'residential property,' and 'law enforcement agency' to clarify who qualifies for removal procedures.

REQUIREMENT

Established nine specific conditions that must be met before removal can be requested, including verifying the person is not a tenant, no rent was paid, and no pending litigation exists.

Added liability protections warning that property owners providing false information on the affidavit could face perjury charges as a Class F felony and civil lawsuits from removed persons.

ENFORCEMENT

Created a sworn affidavit process requiring property owners to appear before a clerk of superior court or magistrate, with a $25 fee and perjury warnings included on the form.

TECHNICAL

Removed amendment-specific formatting including amendment numbers, amendment sponsor signatures, and amendment adoption/failed/tabled status indicators.

Filed → A1: ACE-32-V-1 · 3 edits

MINOR

The bill was amended to change the page number reference from 'Second Edition' to 'Page 1 of 1' and to add a formal amendment signature block. The substantive text of the bill regarding expedited removal of unauthorized persons remains unchanged.

TECHNICAL

Page header changed from 'Second Edition' to 'Page 1 of 1' to reflect the amendment format.

Added signature lines for the amendment sponsor, committee chair, and adoption status.

Added a House instruction to amend lines 8-9 on page 2, though the actual bill text for those lines remains unchanged in this version.

Edition 5 → Ratified · 3 edits

MINOR

The bill was finalized and ratified as a law, transitioning from a committee substitute version to an official enacted statute. The substantive policy content remains largely unchanged, though the final ratified version includes additional language regarding appeal bonds that was not present in the earlier draft versions.

Scope change

The bill's scope remains focused on creating an expedited removal process for unauthorized persons from residential property, with no change to the overall applicability or jurisdiction.

TECHNICAL

Removed draft metadata including committee dates, edition numbers, and sponsor information that were present in the working versions but not needed in the final ratified bill.

Changed the bill title from 'Committee Substitute Favorable' to 'Ratified Bill' to reflect its final legislative status.

REQUIREMENT

Added language requiring the court to determine an appeal bond amount for unauthorized persons who wish to appeal a removal order, with a minimum of $10,000 plus potential damages.

Edition 4 → Edition 5 · 2 edits

MINOR

This bill update changes the timeline for expedited removal hearings of unauthorized occupants from a fixed 24-48 hour window to a more flexible 'as soon as practicable' standard, while still maintaining a maximum 48-hour deadline. This modification likely provides law enforcement more flexibility in scheduling hearings while maintaining the expedited nature of the process. The bill version number was also updated from Edition 4 to Edition 5.

TIMELINE

Changed the hearing timeline from 'no less than 24 hours and no more than 48 hours after service' to 'as soon as practicable, but no more than 48 hours after service'.

TECHNICAL

Updated bill version number from Edition 4 to Edition 5 and updated the engrossed date to 6/25/25.

Edition 3 → Edition 4 · 6 edits

MODERATE

The bill was amended to replace a simplified affidavit-based removal process with a formal court proceeding system. This change adds judicial oversight through complaints, summons, and hearings, while also expanding the bill's scope to include modifications to pet shop regulations. The new process requires court filings rather than just magistrate affidavits, providing more procedural protections for both property owners and unauthorized occupants.

Scope change

The bill's scope was expanded to include modifications to pet shop laws in addition to the expedited removal procedures for unauthorized persons on residential property.

REQUIREMENT

Replaced the affidavit-only removal process with a formal court proceeding that requires filing a complaint and summons, followed by a hearing before a magistrate within 24-48 hours.

TIMELINE

Changed the removal timeline from immediate action after affidavit completion to a structured process with service of process within 24 hours and hearings scheduled within 24-48 hours after service.

ENFORCEMENT

Modified enforcement procedures to require sheriff service of summons and complaint, with the sheriff filing returns and serving court orders within 24 hours of receipt.

SCOPE

Added provisions modifying laws related to pet shops, expanding the bill's scope beyond just unauthorized person removal procedures.

DEFINITION

Reorganized and renumbered the definitions section, though the substantive definitions appear to remain largely the same.

ELIGIBILITY

Added an appeal process allowing unauthorized persons, property owners, or authorized representatives to appeal court orders to district court for a trial de novo.

Edition 2 → Edition 3 · 2 edits

MINOR

The bill was updated from its second to third edition with minor formatting changes and one substantive modification to the definition of who qualifies as an unauthorized person. The change clarifies that the person must not be a tenant of the property owner, rather than just the property itself, which may affect how eligibility is determined in cases where ownership and tenancy are separate.

Scope change

The scope of the bill remains largely unchanged, but the eligibility criteria for who can be removed under this expedited process were slightly refined to clarify the relationship between the unauthorized person and the property owner.

ELIGIBILITY

Changed the requirement from 'not a tenant of the property being unlawfully occupied' to 'not a tenant of the owner of the property being unlawfully occupied' to clarify that the person's tenancy status is tied to the owner rather than the property itself.

TECHNICAL

Minor formatting updates including page number changes (2 to 3), edition version updates (v-2 to v-3), and a partial line break adjustment in the enforcement section.

Edition 1 → Edition 2 · 5 edits

MODERATE

This bill was amended to move from Chapter 42 to Chapter 14 of the General Statutes and renumbered as Article 22D. The changes include adding a new eligibility requirement that the property must be residential or appurtenant to residential property, and adding a condition that the unauthorized person must not be an owner of the property. The affidavit process was also modified to require the property owner to appear before a magistrate rather than a clerk of superior court, with the magistrate signing the affidavit instead.

Scope change

The bill's scope expanded to include property used in connection with or appurtenant to residential property, and explicitly excludes property owners from being classified as unauthorized persons.

TECHNICAL

Changed the chapter reference from Chapter 42 to Chapter 14 and renumbered the article from Article 8 to Article 22D.

ELIGIBILITY

Added a requirement that the property being unlawfully occupied must be residential property or property used in connection with or appurtenant to residential property.

Added a new condition stating the unauthorized person must not be an owner of the property being unlawfully occupied.

ENFORCEMENT

Changed the affidavit process to require the property owner to appear before a magistrate instead of a clerk of superior court, with the magistrate now responsible for signing the affidavit.

TIMELINE

Added a requirement that law enforcement must remove the unauthorized person within 24 hours after receiving the affidavit.

Expedited Removal of Unauthorized Persons.

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