HB182INTRODUCED
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HB182
PASKGER-1
By Representative Lipscomb
RFD: Judiciary
First Read: 15-Feb-24
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5 PASKGER-1 02/05/2024 THR (L)THR 2023-2986
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First Read: 15-Feb-24
SYNOPSIS:
This bill would provide a method for the owner
of a dwelling, or his or her agent, to request the
removal of an unauthorized individual from the dwelling
by providing a sworn affidavit to a law enforcement
officer.
This bill would also require a law enforcement
officer to remove an unauthorized individual from a
dwelling within 24 hours of receipt of a sworn
affidavit.
A BILL
TO BE ENTITLED
AN ACT
Relating to property rights; to provide a method for
the owner of a dwelling to request the removal of an
unauthorized individual; and to require a law enforcement
officer to remove an unauthorized individual from a dwelling
in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
term "dwelling" has the same meaning as provided in Section
13A-7-1, Code of Alabama 1975.
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13A-7-1, Code of Alabama 1975.
(b) The owner of a dwelling, or his or her agent, may
request the removal of an unauthorized individual from the
dwelling by providing to law enforcement a sworn affidavit
containing all of the following elements:
(1) The affiant is the owner of the dwelling or the
agent of the owner of the dwelling.
(2) An unauthorized individual has entered and is
remaining unlawfully in the dwelling.
(3) The individual was not authorized to enter the
dwelling or remain in the dwelling.
(4) The individual is not a tenant at the dwelling.
(5) The affiant has requested that the unauthorized
individual vacate the dwelling and the individual has not done
so.
(c) An affiant who provides a false affidavit to law
enforcement pursuant to this section may be prosecuted for
false reporting to law enforcement authorities pursuant to
Section 13A-10-9, Code of Alabama 1975.
Section 2. (a) A law enforcement officer, within 24
hours after receipt of an affidavit compliant with Section 1,
shall do both of the following:
(1) Remove the unauthorized individual from the
dwelling.
(2) Order the unauthorized individual to remain outside
of the dwelling.
(b) Neither a law enforcement officer nor his or her
agency may be held liable for any action or omission made in
good faith pursuant to this section.
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good faith pursuant to this section.
Section 3. This act shall become effective on October
1, 2024.
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