SLS 24RS-1393 ORIGINAL
2024 Regular Session
SENATE BILL NO. 466
BY SENATOR EDMONDS
TRESPASS. Provides relative to criminal trespass. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 14:63(C)(2) and to enact R.S. 14:63(K), relative to criminal
3 trespass; to provide that occupants who fail to obey an order to vacate within five
4 days commit criminal trespass; to provide that a squatter commits criminal trespass
5 if he fails to vacate after being directed to do so by a lawful possessor; to provide for
6 injunctive relief; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:63(C)(2) is hereby amended and reenacted and R.S. 14:63(K) is
9 hereby enacted to read as follows:
10 ยง63. Criminal trespass; squatters
11 * * *
12 C. * * *
13 (2) For purposes of this Subsection, the phrase:
14 (a)"remain Remain in or upon property" as used in this Subsection, in
15 addition to its common meaning, signification, and connotation, shall include
16 includes:
17 (i) The continued presence of an occupant, as defined by Code of Civil
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 466
SLS 24RS-1393 ORIGINAL
1 Procedure Article 4704, for longer than five days after being served with written
2 notice to vacate in accordance with Code of Civil Procedure Articles 4702 or
3 4703.
4 (ii) The continued presence of a squatter who has been directed to vacate
5 by a lawful possessor either verbally, by written notice, or by posting of
6 conspicuous signage advising that the property is privately owned and unlawful
7 trespass is prohibited.
8 (iii) the The operation of an unmanned aircraft system as defined by R.S.
9 14:337 in the air space over immovable property owned by another with the intent
10 to conduct surveillance of the property or of any individual lawfully on the property.
11 (3) The provisions of This Subparagraph (1) of this Subsection shall not
12 apply to any person operating an unmanned aircraft system in compliance with
13 federal law or Federal Aviation Administration regulations or authorization.
14 (b) "Squatter" means any person who remains in or upon property to
15 which he lacks a right of possession, ownership, occupancy, or a valid lease
16 interest.
17 * * *
18 K.(1) An owner or good faith possessor of immovable property may
19 petition a court of competent jurisdiction for a temporary restraining order and
20 preliminary or permanent injunction to enjoin a trespass committed under
21 Subsection C of this Section.
22 (2) To prevail under this Subsection, the petitioner must demonstrate,
23 by a preponderance of the evidence, that he is the rightful owner or possessor
24 of the immovable property and has directed the alleged trespasser to vacate.
25 (3) Any person who violates an injunction issued pursuant to this
26 Subsection shall be found in contempt of court and punished in accordance with
27 R.S. 13:4611.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 466
SLS 24RS-1393 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jonathon Wagner.
DIGEST
SB 466 Original 2024 Regular Session Edmonds
Present law provides that criminal trespass occurs when a person enters or remains on
immovable property, or in a structure, watercraft, or movable owned by another without
express, legal, or implied authorization.
Proposed law provides that an occupant commits criminal trespass when he remains on
immovable property for more than five days after being served with a written notice to
vacate in accordance with present law relative to eviction of tenants and occupants. Proposed
law also provides that a squatter commits the crime of criminal trespass when he fails to
vacate immovable property after being directed to do so by the rightful possessor. Proposed
law defines "squatter".
Proposed law otherwise retains present law.
Proposed law provides that an owner or good faith possessor of immovable property may
petition the court for a temporary restraining order and injunction to enjoin a trespass
committed by certain persons. Proposed law also provides that a person who violates an
injunction issued pursuant to proposed law will be subject to contempt of court.
Effective August 1, 2024.
(Amends R.S. 14:63(C)(2); adds R.S. 14:63(K))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.