HB182ENROLLED
Page 0
HB182
TENZ595-3
By Representative Lipscomb
RFD: Judiciary
First Read: 15-Feb-24
1
2
3
4
5 HB182 Enrolled
Page 1
First Read: 15-Feb-24
Enrolled, An Act,
Relating to crimes and offenses; to amend Sections
13A-7-7 and 13A-10-102, Code of Alabama 1975; to further
provide for the crimes of burglary in the third degree and
perjury in the second degree; to provide for the crime of
fraudulent sale or lease of residential real property; to
provide penalties for violations; to provide a method for the
owner of a dwelling to request the removal of an unauthorized
individual; to provide a procedure for law enforcement to
remove an unauthorized individual from a dwelling in certain
circumstances; to exclude certain individuals from
landlord-tenant actions; and in connection therewith would
have as its purpose or effect the requirement of a new or
increased expenditure of local funds within the meaning of
Section 111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds that the fundamental
rights of owning property include the right of the owner to
exclude others from entering or remaining unlawfully on the
property. The Legislature further finds that squatting, or the
unauthorized entry into or remaining in a dwelling, is a
violation of the rights of property owners and is against the
public interest. The intent of this act is to ensure that
squatting is considered a crime, to adequately protect the
rights of property owners, and to provide a timely and
effective mechanism for removing squatters while protecting
the rights of legitimate occupants.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB182 Enrolled
Page 2
the rights of legitimate occupants.
Section 2. Sections 13A-7-7 and 13A-10-102, Code of
Alabama 1975, are amended to read as follows:
"§13A-7-7
(a) A person commits the crime of burglary in the third
degree if any of the following occur:
(1) He or she knowingly enters or remains unlawfully in
a dwelling with the intent to commit a crime therein ;.
(2) He or she knowingly enters or remains unlawfully in
an occupied building with the intent to commit a crime
therein; or.
(3) He or she knowingly enters or remains unlawfully in
an unoccupied building with the intent to commit a crime
therein.
(4) He or she knowingly enters or remains unlawfully in
a dwelling and intentionally causes one thousand dollars
($1,000) or more in damage to the dwelling.
(b) Burglary in the third degree is a Class C felony."
"§13A-10-102
(a) A person commits the crime of perjury in the second
degree when if he or she does either of the following:
(1) he swears Swears with intent to mislead a public
servant in the performance of his the public servant's duty
and his or her false statement is material to the action,
proceeding, or matter involved.
(2) Knowingly presents a false document purporting to
be a lease agreement, deed, or other instrument conveying or
providing a right to or in real property to another person
with the intent to civilly detain or to remain upon the real
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB182 Enrolled
Page 3
with the intent to civilly detain or to remain upon the real
property.
(b) Perjury in the second degree is a Class A
misdemeanor."
Section 3.(a) A person commits the crime of fraudulent sale
or lease of residential real property if he or she does either
of the following:
(1) Lists or advertises residential real property for sale
knowing that he or she or the purported seller has no legal
title or authority to sell the property.
(2) Rents or leases residential real property to another
person knowing that he or she or the purported lessor has no
legal ownership or other authority to lease the property.
(b) Fraudulent sale or lease of residential real property is a
Class A misdemeanor.
Section 4. (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.
(b) The owner of a dwelling or the agent of the owner
of a dwelling may request the removal of an unauthorized
individual from the dwelling by submitting a sworn affidavit
to a law enforcement agency in the county where the dwelling
is located 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 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.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB182 Enrolled
Page 4
dwelling or remain in the dwelling.
(4) The individual is not a tenant, as defined in
Section 35-9A-141, Code of Alabama 1975, or a holdover tenant,
as defined in Section 34-9A-441, Code of Alabama 1975.
(5) The affiant has requested that the unauthorized
individual vacate the dwelling as provided under this section
and the individual has not done so.
(6) The unauthorized individual is not an immediate
family member of the property owner.
(7) There is no pending litigation related to the
dwelling between the property owner and the unauthorized
individual.
(c) The sworn affidavit requesting the removal of an
unauthorized individual from a dwelling must be substantially
in the following form:
Affidavit to Remove An Individual Unauthorized to
Occupy Dwelling
I, the owner, or authorized agent of the owner, of the
dwelling located at ______________ declare under the penalty
of perjury that:
1. I am the owner of the dwelling or the authorized
agent of the owner of the dwelling.
2. The real property is a dwelling.
3. An unauthorized individual has unlawfully entered or
remained in the dwelling.
4. The unauthorized individual is not a tenant, a
holdover tenant, or an immediate family member of the owner,
and any lease that may be produced by the unauthorized
individual is fraudulent.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB182 Enrolled
Page 5
individual is fraudulent.
5. The unauthorized individual does not have an
ownership interest in the property and is not listed on the
title to the property unless the individual has engaged in
title fraud.
6. There is no litigation related to the dwelling
pending between the owner, or his or her agent, and any
unauthorized individual.
7. Notice was provided by hand delivery to the
unauthorized individual occupying the dwelling or by posting
notice on the front door or entrance of the dwelling, and
evidence of the notice, including the date and time of
delivery, is attached.
8. I understand that an individual removed from the
property pursuant to this affidavit may bring a cause of
action against me for any false statements made in this
affidavit, or for wrongfully using this procedure, and that,
as a result of such action, I may be held liable for actual
damages, penalties, costs, and reasonable attorney fees.
9. I am requesting law enforcement to remove, as soon
as possible, the unauthorized individual from the dwelling.
10. A copy of my valid government-issued identification
is attached, or I am an agent of the property owner, and
documents evidencing my authority to act on the property
owner's behalf are attached.
I have read and assert the truth of every statement
made in this affidavit. I understand that my statements in
this affidavit are being made under penalty of perjury as
provided in Section 13A-10-9, Code of Alabama 1975.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 HB182 Enrolled
Page 6
provided in Section 13A-10-9, Code of Alabama 1975.
[Signature of Property Owner or Agent of Property
Owner]
[Contact Information of Property Owner or Agent of
Property Owner]
(d) Upon receipt of the affidavit, the law enforceemnt
agency shall verify that the affiant is the record owner of
the dwelling or the authorized agent of the owner of the
dwelling and appears otherwise entitled to relief. Upon
verification and after at least 24 hours from receipt of the
affidavit, the law enforcement agency shall serve a notice to
immediately vacate on the unauthorized individual. Service may
be accomplished by hand delivery of the notice to any
unauthorized individual occupying the dwelling or by posting
notice on the front door or entrance of the dwelling. Law
enforcement shall also attempt to verify the identities of all
individuals occupying the dwelling and note the identities on
the return of service. If appropriate, a law enforcement
officer may arrest any individual found in the dwelling for
trespass, burglary, theft, or any other criminal act, or for
an outstanding warrant.
(e) The affiant must provide notice at the dwelling
notifying the unauthorized individual that he or she has no
right to the dwelling and must vacate immediately. The notice
must include the street address of the law enforcement agency
where the affidavit will be delivered. A copy of the notice
with the date and time of delivery must be attached to the
affidavit.
(f) An affiant who knowingly provides a false affidavit
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 HB182 Enrolled
Page 7
(f) An affiant who knowingly 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.
(g) No law enforcement officer, governmental entity, or
political subdivision of the state may be held liable for any
action or omission made in good faith pursuant to this
section, to the extent that state immunity provides. A law
enforcement officer is not liable to an unauthorized
individual or any other party for loss, destruction, or damage
of property.
(h) An individual may bring a civil cause of action for
wrongful removal under this section against the affiant. An
individual harmed by a wrongful removal under this section may
have the possession of the dwelling restored and may recover
actual costs and damages incurred, as well as punitive damages
of triple the fair market rent of the dwelling, plus court
costs and reasonable attorney fees.
(i) A utility may rely upon or require a writ of
possession under Chapter 9 or 9A of Title 35 of the Code of
Alabama 1975, when discontinuing or refusing to discontinue
service at a dwelling, dwelling unit, or premises, and the
utility shall not be liable for an action if based upon a writ
of possession.
(j) This section does not limit the rights of a
property owner or limit the authority of a law enforcement
officer to arrest an unlawful occupant for trespassing, theft,
burglary, or other crimes.
(k) A law enforcement agency may charge a fee of not
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 HB182 Enrolled
Page 8
(k) A law enforcement agency may charge a fee of not
more than fifty dollars ($50) to process an affidavit filed
pursuant to this section.
Section 5. (a) For the purposes of this section, the
term "squatter" means a person occupying a dwelling who is not
entitled to occupy the dwelling under a lease or rental
agreement nor authorized by a tenant to occupy the dwelling
The term does not include a tenant who holds over in periodic
tenancy as described in Section 35-9A-441, Code of Alabama
1975.
(b) Occupancy by a squatter is excluded from the
application of Chapters 9 and 9A of Title 35 of the Code of
Alabama 1975, and the removal of a squatter shall not require
the use of an eviction action under those chapters.
Section 6. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 7. This act shall become effective on June 1,
2024.
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217 HB182 Enrolled
Page 9
2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 04-Apr-24, as amended.
John Treadwell
Clerk
Senate 25-Apr-24 Amended and Passed
House 25-Apr-24 Concurred in Senate
Amendment
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250