Alabama 2024 Regular Session

Alabama House Bill HB182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB182ENROLLED~~
	1	+	HB182ENGROSSED
2	2		Page 0
3	3		HB182
4		-	TENZ595-3
	4	+	TENZ595-2
5	5		By Representative Lipscomb
6	6		RFD: Judiciary
7	7		First Read: 15-Feb-24
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9	9		2
10	10		3
11	11		4
12		-	5 HB182 ~~Enrolled~~
	12	+	5 HB182 Engrossed
13	13		Page 1
14	14		First Read: 15-Feb-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to crimes and offenses; to amend Sections
17	19		13A-7-7 and 13A-10-102, Code of Alabama 1975; to further
18	20		provide for the crimes of burglary in the third degree and
19	21		perjury in the second degree; to provide for the crime of
20	22		fraudulent sale or lease of residential real property; to
21	23		provide penalties for violations; to provide a method for the
22	24		owner of a dwelling to request the removal of an unauthorized
23	25		individual; to provide a procedure for law enforcement to
24	26		remove an unauthorized individual from a dwelling in certain
25	27		circumstances; to exclude certain individuals from
26	28		landlord-tenant actions; and in connection therewith would
27	29		have as its purpose or effect the requirement of a new or
28	30		increased expenditure of local funds within the meaning of
29	31		Section 111.05 of the Constitution of Alabama of 2022.
30	32		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	33		Section 1. The Legislature finds that the fundamental
32	34		rights of owning property include the right of the owner to
33	35		exclude others from entering or remaining unlawfully on the
34	36		property. The Legislature further finds that squatting, or the
35	37		unauthorized entry into or remaining in a dwelling, is a
36		-	violation of the rights of property owners and is against the
37		-	public interest. The intent of this act is to ensure that
38		-	squatting is considered a crime, to adequately protect the
39		-	rights of property owners, and to provide a timely and
40		-	effective mechanism for removing squatters while protecting
41		-	the rights of legitimate occupants.
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69		-	28 HB182 ~~Enrolled~~
	65	+	28 HB182 Engrossed
70	66		Page 2
	67	+	unauthorized entry into or remaining in a dwelling, is a
	68	+	violation of the rights of property owners and is against the
	69	+	public interest. The intent of this act is to ensure that
	70	+	squatting is considered a crime, to adequately protect the
	71	+	rights of property owners, and to provide a timely and
	72	+	effective mechanism for removing squatters while protecting
71	73		the rights of legitimate occupants.
72	74		Section 2. Sections 13A-7-7 and 13A-10-102, Code of
73	75		Alabama 1975, are amended to read as follows:
74	76		"§13A-7-7
75	77		(a) A person commits the crime of burglary in the third
76	78		degree if any of the following occur:
77	79		(1) He or she knowingly enters or remains unlawfully in
78	80		a dwelling with the intent to commit a crime therein ;.
79	81		(2) He or she knowingly enters or remains unlawfully in
80	82		an occupied building with the intent to commit a crime
81	83		therein; or.
82	84		(3) He or she knowingly enters or remains unlawfully in
83	85		an unoccupied building with the intent to commit a crime
84	86		therein.
85	87		(4) He or she knowingly enters or remains unlawfully in
86	88		a dwelling and intentionally causes one thousand dollars
87	89		($1,000) or more in damage to the dwelling.
88	90		(b) Burglary in the third degree is a Class C felony."
89	91		"§13A-10-102
90	92		(a) A person commits the crime of perjury in the second
91	93		degree when if he or she does either of the following:
92	94		(1) he swears Swears with intent to mislead a public
93	95		servant in the performance of his the public servant's duty
94		-	and his or her false statement is material to the action,
95		-	proceeding, or matter involved.
96		-	(2) Knowingly presents a false document purporting to
97		-	be a lease agreement, deed, or other instrument conveying or
98		-	providing a right to or in real property to another person
99		-	with the intent to civilly detain or to remain upon the real
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127		-	56 HB182 ~~Enrolled~~
	123	+	56 HB182 Engrossed
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	125	+	servant in the performance of his the public servant's duty
	126	+	and his or her false statement is material to the action,
	127	+	proceeding, or matter involved.
	128	+	(2) Knowingly presents a false document purporting to
	129	+	be a lease agreement, deed, or other instrument conveying or
	130	+	providing a right to or in real property to another person
129	131		with the intent to civilly detain or to remain upon the real
130	132		property.
131	133		(b) Perjury in the second degree is a Class A
132	134		misdemeanor."
133	135		Section 3.(a) A person commits the crime of fraudulent sale
134	136		or lease of residential real property if he or she does either
135	137		of the following:
136	138		(1) Lists or advertises residential real property for sale
137	139		knowing that he or she or the purported seller has no legal
138	140		title or authority to sell the property.
139	141		(2) Rents or leases residential real property to another
140	142		person knowing that he or she or the purported lessor has no
141	143		legal ownership or other authority to lease the property.
142	144		(b) Fraudulent sale or lease of residential real property is a
143	145		Class A misdemeanor.
144	146		Section 4. (a) For the purposes of this section, the
145	147		term "dwelling" has the same meaning as provided in Section
146	148		13A-7-1, Code of Alabama 1975.
147	149		(b) The owner of a dwelling or the agent of the owner
148	150		of a dwelling may request the removal of an unauthorized
149	151		individual from the dwelling by submitting a sworn affidavit
150	152		to a law enforcement agency in the county where the dwelling
151	153		is located containing all of the following elements:
152		-	(1) The affiant is the owner of the dwelling or the
153		-	agent of the owner of the dwelling.
154		-	(2) An individual has entered and is remaining
155		-	unlawfully in the dwelling.
156		-	(3) The individual was not authorized to enter the
157		-	dwelling or remain in the dwelling.
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185		-	84 HB182 ~~Enrolled~~
	181	+	84 HB182 Engrossed
186	182		Page 4
	183	+	is located containing all of the following elements:
	184	+	(1) The affiant is the owner of the dwelling or the
	185	+	agent of the owner of the dwelling.
	186	+	(2) An individual has entered and is remaining
	187	+	unlawfully in the dwelling.
	188	+	(3) The individual was not authorized to enter the
187	189		dwelling or remain in the dwelling.
188	190		(4) The individual is not a tenant, as defined in
189	191		Section 35-9A-141, Code of Alabama 1975, or a holdover tenant,
190	192		as defined in Section 34-9A-441, Code of Alabama 1975.
191	193		(5) The affiant has requested that the unauthorized
192	194		individual vacate the dwelling as provided under this section
193	195		and the individual has not done so.
194	196		(6) The unauthorized individual is not an immediate
195	197		family member of the property owner.
196	198		(7) There is no pending litigation related to the
197	199		dwelling between the property owner and the unauthorized
198	200		individual.
199	201		(c) The sworn affidavit requesting the removal of an
200	202		unauthorized individual from a dwelling must be substantially
201	203		in the following form:
202	204		Affidavit to Remove An Individual Unauthorized to
203	205		Occupy Dwelling
204	206		I, the owner, or authorized agent of the owner, of the
205	207		dwelling located at ______________ declare under the penalty
206	208		of perjury that:
207	209		1. I am the owner of the dwelling or the authorized
208	210		agent of the owner of the dwelling.
209	211		2. The real property is a dwelling.
210		-	3. An unauthorized individual has unlawfully entered or
211		-	remained in the dwelling.
212		-	4. The unauthorized individual is not a tenant, a
213		-	holdover tenant, or an immediate family member of the owner,
214		-	and any lease that may be produced by the unauthorized
215		-	individual is fraudulent.
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243		-	112 HB182 ~~Enrolled~~
	239	+	112 HB182 Engrossed
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	241	+	2. The real property is a dwelling.
	242	+	3. An unauthorized individual has unlawfully entered or
	243	+	remained in the dwelling.
	244	+	4. The unauthorized individual is not a tenant, a
	245	+	holdover tenant, or an immediate family member of the owner,
	246	+	and any lease that may be produced by the unauthorized
245	247		individual is fraudulent.
246	248		5. The unauthorized individual does not have an
247	249		ownership interest in the property and is not listed on the
248	250		title to the property unless the individual has engaged in
249	251		title fraud.
250	252		6. There is no litigation related to the dwelling
251	253		pending between the owner, or his or her agent, and any
252	254		unauthorized individual.
253	255		7. Notice was provided by hand delivery to the
254	256		unauthorized individual occupying the dwelling or by posting
255	257		notice on the front door or entrance of the dwelling, and
256	258		evidence of the notice, including the date and time of
257	259		delivery, is attached.
258	260		8. I understand that an individual removed from the
259	261		property pursuant to this affidavit may bring a cause of
260	262		action against me for any false statements made in this
261	263		affidavit, or for wrongfully using this procedure, and that,
262	264		as a result of such action, I may be held liable for actual
263	265		damages, penalties, costs, and reasonable attorney fees.
264	266		9. I am requesting law enforcement to remove, as soon
265	267		as possible, the unauthorized individual from the dwelling.
266	268		10. A copy of my valid government-issued identification
267	269		is attached, or I am an agent of the property owner, and
268		-	documents evidencing my authority to act on the property
269		-	owner's behalf are attached.
270		-	I have read and assert the truth of every statement
271		-	made in this affidavit. I understand that my statements in
272		-	this affidavit are being made under penalty of perjury as
273		-	provided in Section 13A-10-9, Code of Alabama 1975.
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301		-	140 HB182 ~~Enrolled~~
	297	+	140 HB182 Engrossed
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	299	+	is attached, or I am an agent of the property owner, and
	300	+	documents evidencing my authority to act on the property
	301	+	owner's behalf are attached.
	302	+	I have read and assert the truth of every statement
	303	+	made in this affidavit. I understand that my statements in
	304	+	this affidavit are being made under penalty of perjury as
303	305		provided in Section 13A-10-9, Code of Alabama 1975.
304	306		[Signature of Property Owner or Agent of Property
305	307		Owner]
306	308		[Contact Information of Property Owner or Agent of
307	309		Property Owner]
308	310		(d) Upon receipt of the affidavit, the law enforceemnt
309	311		agency shall verify that the affiant is the record owner of
310	312		the dwelling or the authorized agent of the owner of the
311	313		dwelling and appears otherwise entitled to relief. Upon
312	314		verification and after at least 24 hours from receipt of the
313	315		affidavit, the law enforcement agency shall serve a notice to
314	316		immediately vacate on the unauthorized individual. Service may
315	317		be accomplished by hand delivery of the notice to any
316	318		unauthorized individual occupying the dwelling or by posting
317	319		notice on the front door or entrance of the dwelling. Law
318	320		enforcement shall also attempt to verify the identities of all
319	321		individuals occupying the dwelling and note the identities on
320	322		the return of service. If appropriate, a law enforcement
321	323		officer may arrest any individual found in the dwelling for
322	324		trespass, burglary, theft, or any other criminal act, or for
323	325		an outstanding warrant.
324	326		(e) The affiant must provide notice at the dwelling
325	327		notifying the unauthorized individual that he or she has no
326		-	right to the dwelling and must vacate immediately. The notice
327		-	must include the street address of the law enforcement agency
328		-	where the affidavit will be delivered. A copy of the notice
329		-	with the date and time of delivery must be attached to the
330		-	affidavit.
331		-	(f) An affiant who knowingly provides a false affidavit
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	355	+	168 HB182 Engrossed
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	357	+	notifying the unauthorized individual that he or she has no
	358	+	right to the dwelling and must vacate immediately. The notice
	359	+	must include the street address of the law enforcement agency
	360	+	where the affidavit will be delivered. A copy of the notice
	361	+	with the date and time of delivery must be attached to the
	362	+	affidavit.
361	363		(f) An affiant who knowingly provides a false affidavit
362	364		to law enforcement pursuant to this section may be prosecuted
363	365		for false reporting to law enforcement authorities pursuant to
364	366		Section 13A-10-9, Code of Alabama 1975.
365	367		(g) No law enforcement officer, governmental entity, or
366	368		political subdivision of the state may be held liable for any
367	369		action or omission made in good faith pursuant to this
368	370		section, to the extent that state immunity provides. A law
369	371		enforcement officer is not liable to an unauthorized
370	372		individual or any other party for loss, destruction, or damage
371	373		of property.
372	374		(h) An individual may bring a civil cause of action for
373	375		wrongful removal under this section against the affiant. An
374	376		individual harmed by a wrongful removal under this section may
375	377		have the possession of the dwelling restored and may recover
376	378		actual costs and damages incurred, as well as punitive damages
377	379		of triple the fair market rent of the dwelling, plus court
378	380		costs and reasonable attorney fees.
379		-	(i) A utility may rely upon or require a writ of
380		-	possession under Chapter 9 or 9A of Title 35 of the Code of
381		-	Alabama 1975, when discontinuing or refusing to discontinue
382		-	service at a dwelling, dwelling unit, or premises, and the
383		-	utility shall not be liable for an action if based upon a writ
384		-	of possession.
385		-	(j) This section does not limit the rights of a
	381	+	(i) This section does not limit the rights of a
386	382		property owner or limit the authority of a law enforcement
387	383		officer to arrest an unlawful occupant for trespassing, theft,
388	384		burglary, or other crimes.
389		-	(k) A law enforcement agency may charge a fee of not
	385	+	(j) A law enforcement agency may charge a fee of not
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417		-	196 HB182 ~~Enrolled~~
	413	+	196 HB182 Engrossed
418	414		Page 8
419		-	(k) A law enforcement agency may charge a fee of not
	415	+	(j) A law enforcement agency may charge a fee of not
420	416		more than fifty dollars ($50) to process an affidavit filed
421	417		pursuant to this section.
422	418		Section 5. (a) For the purposes of this section, the
423	419		term "squatter" means a person occupying a dwelling who is not
424	420		entitled to occupy the dwelling under a lease or rental
425	421		agreement nor authorized by a tenant to occupy the dwelling
426	422		The term does not include a tenant who holds over in periodic
427	423		tenancy as described in Section 35-9A-441, Code of Alabama
428	424		1975.
429	425		(b) Occupancy by a squatter is excluded from the
430	426		application of Chapters 9 and 9A of Title 35 of the Code of
431	427		Alabama 1975, and the removal of a squatter shall not require
432	428		the use of an eviction action under those chapters.
433	429		Section 6. Although this bill would have as its purpose
434	430		or effect the requirement of a new or increased expenditure of
435	431		local funds, the bill is excluded from further requirements
436	432		and application under Section 111.05 of the Constitution of
437	433		Alabama of 2022, because the bill defines a new crime or
438	434		amends the definition of an existing crime.
439	435		Section 7. This act shall become effective on June 1,
440	436		2024.
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461		-	217 HB182 ~~Enrolled~~
	457	+	217 HB182 Engrossed
462	458		Page 9
463	459		2024.
464		-	________________________________________________
465		-	Speaker of the House of Representatives
466		-	________________________________________________
467		-	President and Presiding Officer of the Senate
468	460		House of Representatives
469		-	I hereby certify that the within Act originated in and
470		-	was passed by the House 04-Apr-24, as amended.
	461	+	Read for the first time and referred
	462	+	to the House of Representatives
	463	+	committee on Judiciary
	464	+	................15-Feb-24
	465	+	Read for the second time and placed
	466	+	on the calendar:
	467	+	0 amendments
	468	+	................21-Mar-24
	469	+	Read for the third time and passed
	470	+	as amended
	471	+	Yeas 101
	472	+	Nays 0
	473	+	Abstains 0
	474	+	................04-Apr-24
471	475		John Treadwell
472	476		Clerk
473		-	Senate 25-Apr-24 Amended and Passed
474		-	House 25-Apr-24 Concurred in Senate
475		-	Amendment
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