HB 2434: Relating to establishing the Stop Squatters Act - West Virginia

hb2434 hfa flanigan 3-4 _1 adopted.htm → hb2434 hfat akers 4-9 adopted.htm · 4 edits

MODERATE

The bill's title was changed from a committee substitute version to a new version with a more comprehensive description of its purpose. The new title clarifies that the bill establishes the Stop Squatters Act, defines squatting and squatters, provides remedies for removing unauthorized occupants, creates criminal offenses for squatting and property damage, and adds penalties for false property documents and unauthorized property listings.

Scope change

The bill's scope was expanded to include new sections (§55-3C-3 through §55-3C-6) that establish the Stop Squatters Act, define squatting, provide removal remedies, create civil causes of action for wrongful removal, and establish misdemeanor and felony offenses for squatting, property damage, false property documents, and unauthorized property listings.

SCOPE

The bill title was updated to reflect a more comprehensive scope that includes the Stop Squatters Act, new definitions, removal remedies, and multiple criminal offenses.

DEFINITION

New definitions for squatting and squatter were added to clarify what constitutes unauthorized occupancy.

ENFORCEMENT

New enforcement mechanisms were added, including immediate removal by law enforcement upon property owner request and civil causes of action for wrongful removal.

REQUIREMENT

New criminal offenses were established for unlawfully occupying property, intentionally damaging property, presenting false property documents, and listing properties without legal authority.

hb2434 s jud am _1 4-3 adopted.htm → hb2434 hfa flanigan 3-4 _1 adopted adopted.htm · 1 edit

MINOR

The bill was amended to add 'or an owner' to the definition of who is excluded from being considered a squatter, clarifying that property owners cannot be classified as squatters under this new legislation.

Scope change

The definition of 'squatter' was expanded to explicitly exclude property owners, ensuring owners cannot be prosecuted under the Stop Squatters Act.

DEFINITION

Added 'or an owner' to the exclusion list in the squatter definition to clarify that property owners cannot be considered squatters.

Committee Substitute → hb2434 s jud am _1 4-3 adopted.htm · 7 edits

MODERATE

The bill was amended to consolidate squatting-related provisions into a single article (Article 3C) instead of splitting them between two articles. The amendment clarifies that squatters are not tenants and cannot use eviction proceedings, establishes a streamlined law enforcement removal process, and defines penalties for squatting-related damage and fraud.

Scope change

The bill's scope was reorganized from two separate articles (3D and 3C) into one consolidated article (3C) titled 'Remedies for Squatting Stop Squatters Act', streamlining the structure and clarifying that squatting is synonymous with criminal trespass.

DEFINITION

Added explicit language stating squatters are not considered tenants and are not entitled to eviction proceedings, clarifying that squatting is synonymous with criminal trespass under existing code sections.

Added a short title provision allowing the article to be cited as the 'Stop Squatters Act' and consolidated findings about property rights into subsection (b) of the first section.

ENFORCEMENT

Changed the removal request process from requiring submission to a sheriff or police chief to allowing requests from any law-enforcement officer with authority in the jurisdiction, broadening who can process removal requests.

Modified the law enforcement fee provision to allow property owners to request either removal of the person if they don't vacate or for officers to remain on-site for safety during property removal.

Added immunity provisions for law enforcement officers acting in good faith under the article, protecting them from civil liability when taking action pursuant to the squatting removal process.

REQUIREMENT

Added a new subsection requiring law enforcement to conduct preliminary fact-finding including reviewing alleged lease agreements and interviewing relevant individuals before serving a notice to vacate.

Changed the family member exemption from 'immediate family members of the property owner' to 'immediate family members of the property owner or tenants', expanding protection for tenants' families.

Enrolled Committee Substitute → Committee Substitute · 5 edits

MODERATE

The bill text was reformatted from an 'Enrolled Committee Substitute' version to a 'Committee Substitute' version, with the primary substantive change being the reorganization of article numbering from Article 3C to Articles 3C and 3D. The core policy provisions regarding squatting definitions, removal remedies, and criminal penalties remain substantively identical, though some minor wording adjustments were made to clarify enforcement procedures and indemnification requirements.

TECHNICAL

Article numbering changed from Article 3C (containing all sections) to split into Article 3C (definitions) and Article 3D (Stop Squatters Act provisions)

Removed website navigation elements and formatting artifacts from the enrolled version

DEFINITION

Minor wording adjustments to squatter and squatting definitions for clarity

ENFORCEMENT

Clarified that law enforcement must serve notice to vacate before requesting removal, and added provision for law enforcement to stand by during lock changes

REQUIREMENT

Added indemnification requirement for property owners who submit false complaints

Engrossed Committee Substitute → Enrolled Committee Substitute · 7 edits · Apr 29, 2025

MODERATE

The bill was converted from an Engrossed Committee Substitute to an Enrolled Final Version, incorporating substantive amendments that reorganized the Stop Squatters Act. Key changes include renaming the article to Article 3C, adding a short title section, clarifying that squatting is synonymous with criminal trespass, and consolidating criminal penalties into a single article. The enrolled version also includes the final certification signatures and effective date provisions required for passage.

Scope change

The bill's scope was expanded to include a short title and findings section, and the definition of squatting was clarified to explicitly state it is synonymous with criminal trespass under existing code sections. The structure was reorganized from two articles (3C and 3D) to primarily Article 3C with all provisions consolidated.

DEFINITION

Added explicit statement that squatting is synonymous with criminal trespass under existing code sections 61-3B-2 or 61-3B-3.

Added new section clarifying that squatters are not considered tenants and are not entitled to eviction proceedings.

STRUCTURE

Reorganized bill structure from two separate articles (3C and 3D) to consolidate provisions primarily under Article 3C.

TECHNICAL

Added short title section naming the Stop Squatters Act and findings section establishing property rights as fundamental.

Added final certification signatures, effective date provisions, and standard enrolled bill formatting elements.

ENFORCEMENT

Modified enforcement language to allow requests from 'any law-enforcement officer' rather than limiting to sheriff or police chief.

REQUIREMENT

Added immunity provision protecting law-enforcement officers from civil liability when acting in good faith under the article.

Introduced Version → Engrossed Committee Substitute · 3 edits · Apr 11, 2025

MINOR

The bill was amended from an Introduced Version to an Engrossed Committee Substitute version, primarily adding a new definition of 'squatting' in Article 3C and updating the bill's title and description to reflect this new definition. The core policy provisions regarding the Stop Squatters Act, including the remedy for removing unauthorized occupants, criminal penalties, and fraudulent listing offenses, remained substantively unchanged.

Scope change

The bill's scope was expanded by adding a new definition of 'squatter' and 'squatting' in Article 3C, which clarifies that squatting is synonymous with trespassing and excludes certain tenants or owners.

DEFINITION

Added a new Article 3C establishing definitions for 'squatter' and 'squatting', clarifying that squatting is synonymous with trespassing and excluding periodic tenants or owners from the definition.

REQUIREMENT

Updated the bill's introductory text to include amending and reenacting §55-3C-1 and adding the new Article 3C definitions alongside the Stop Squatters Act provisions.

TECHNICAL

Changed the bill's origin from 'Introduced' to 'Committee Substitute' and updated the reporting date to February 27, 2025.

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