Stricken language would be deleted from and underlined language would be added to present law.
Act 238 of the Regular Session
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State of Arkansas As Engrossed: H2/4/25 S2/13/25 S2/18/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1049 3
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By: Representatives Tosh, McGrew, Lundstrum, Andrews, Barker, Beaty Jr., Beck, Bentley, S. Berry, Brooks, K. 5
Brown, M. Brown, R. Burkes, Joey Carr, John Carr, Cavenaugh, Childress, C. Cooper, Cozart, Crawford, Duffield, 6
Duke, Eaves, Evans, Furman, Gonzales, Gramlich, Hawk, Holcomb, Hollowell, Jean, L. Johnson, Ladyman, Long, 7
Lynch, Maddox, J. Mayberry, McAlindon, McClure, M. McElroy, McNair, S. Meeks, Milligan, J. Moore, Painter, 8
Pearce, Puryear, Ray, R. Scott Richardson, Richmond, Rye, Schulz, M. Shepherd, Steimel, Unger, Vaught, Walker, 9
Warren, Wooten 10
By: Senator Caldwell 11
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For An Act To Be Entitled 13
AN ACT TO AMEND ARKANSAS LAW CONCERNING CRIMINAL 14
OFFENSES; TO CRIMINALIZE UNLAWFUL SQUATTING; AND FOR 15
OTHER PURPOSES. 16
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Subtitle 19
TO AMEND ARKANSAS LAW CONCERNING 20
CRIMINAL OFFENSES; AND TO CRIMINALIZE 21
UNLAWFUL SQUATTING. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 5 -39-101(8), concerning the definitions for 26
offenses of burglary, trespass, and other intrusions, is amended to read as 27
follows: 28
(8) “Premises” means , except as provided in § 5 -39-215, an 29
occupiable structure and any real property; 30
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SECTION 2. Arkansas Code Title 5, Chapter 39, Subchapter 2, is amended 32
to add an additional section to read as follows: 33
5-39-215. Unlawful squatting. 34
(a) As used in this section: 35
(1) "Immediate family" means a person's spouse, children, 36 As Engrossed: H2/4/25 S2/13/25 S2/18/25 HB1049
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parents or guardian, siblings, and grandparents, whether related by blood, 1
adoption, or marriage; 2
(2) "Premises" means a dwelling, commercial building, or vacant 3
or unimproved real property; and 4
(3)(A) "Unlawful squatting" means entering and residing 5
unlawfully in a premises when the person entering and residing in the 6
premises is not privileged or licensed to do so. 7
(B) "Unlawful squatting" includes without limitation 8
taking up residence in a premises a person does not own if he or she: 9
(i) Is not a current tenant at the premises; 10
(ii) Does not have a valid agreement to occupy the 11
premises; and 12
(iii) Is not an immediate family member of the owner 13
of the premises. 14
(b) A person commits the offense of unlawful squatting if: 15
(1) The person: 16
(A) Knowingly enters upon the premises of another person; 17
(B) Knowingly resides on the premises of the other person 18
under subdivision (b)(1)(A) of this section for any period of time; 19
(C) Knowingly acts without lawful authority under 20
subdivisions (b)(1)(A) and (B) of this section; and 21
(D) Cannot produce at least one (1) of the following 22
documents: 23
(i) A deed or mortgage statement in his or her name 24
for the premises; 25
(ii) A lease agreement that includes the name and 26
signature of the other person or an authorized representative of the other 27
person; 28
(iii) A valid written or electronic agreement or 29
communication authorizing the person to enter upon the premises; or 30
(iv) A receipt or other reliable evidence of a rent 31
payment made to the other person or an authorized representative of the other 32
person dated within the last sixty (60) days; 33
(2) The premises the person enters upon is not open to the 34
public at the time of entry; 35
(3) The owner of the premises has directed the person entering 36 As Engrossed: H2/4/25 S2/13/25 S2/18/25 HB1049
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upon the premises to leave the premises or has contacted law enforcement to 1
make a report of unlawful squatting; and 2
(4) No pending litigation exists between the owner of the 3
premises and the person entering upon the premises. 4
(c) A law enforcement agency shall not accept a report of unlawful 5
squatting unless the report is by an: 6
(1) Owner of the premises upon which the unlawful squatting 7
occurred; or 8
(2) Authorized representative of the owner of the premises upon 9
which the unlawful squatting occurred. 10
(d) A law enforcement officer acting in good faith in response to a 11
report of a violation of this section is immune from criminal and civil 12
liability. 13
(e)(1) Unlawful squatting is a Class B misdemeanor. 14
(2) A second offense of unlawful squatting is a Class A 15
misdemeanor. 16
(3) A third offense of unlawful squatting is a Class D felony. 17
(f) If a person who has entered upon the premises of another person 18
knowingly provides a false document in response to a request to produce a 19
document under subdivision (b)(1)(D) of this section or otherwise produces a 20
false document as justification for his or her presence on the premises, the 21
person is guilty upon conviction of a Class D felony. 22
(g) A person aggrieved by a violation of this section is granted a 23
private cause of action against the person who violated this section and is 24
entitled to recover damages, including without limitation restitution, and 25
reasonable attorney's fees. 26
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SECTION 3. Arkansas Code § 5 -54-122(c)(1), concerning Class D felony 28
offenses of filing a false report, is amended to add an additional 29
subdivision to read as follows: 30
(G) The false report alleges the offense of unlawful 31
squatting. 32
/s/Tosh 33
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APPROVED: 3/4/25 35
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