Wyoming 2025 Regular Session

Wyoming Senate Bill SF0006 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL SENATE ENGROSSED
2		-	FILE NO. SF0006
3		-	ENROLLED ACT NO. 20, SENATE
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0002
	4	+	ENGROSSED
	5	+	1SF0006
	6	+	SENATE FILE NO. SF0006
	7	+	Residential property-removal of unlawful occupant.
	8	+	Sponsored by: Joint Judiciary Interim Committee
	9	+	A BILL
	10	+	for
	11	+	1 AN ACT relating to civil procedure; authorizing property
	12	+	2 owners to request law enforcement assistance for the
	13	+	3 removal of unauthorized occupants as specified; specifying
	14	+	4 requirements for the law enforcement assistance; specifying
	15	+	5 liability; providing civil remedies; prohibiting unlawful
	16	+	6 use of false property documents; amending the offense of
	17	+	7 property destruction and defacement by creating an
	18	+	8 additional felony offense; providing definitions;
	19	+	9 specifying penalties; and providing for an effective date.
	20	+	10
	21	+	11
	22	+	12
	23	+	13. W.S. 1-21-1401 through 1-21-1403 and
	24	+	14 6-5-309 are created to read:
	25	+	15
	26	+	16 ARTICLE 14 2025STATE OF WYOMING25LSO-0002
	27	+	ENGROSSED
	28	+	2SF0006
	29	+	1 REMOVAL OF UNAUTHORIZED OCCUPANTS
	30	+	2
	31	+	3
	32	+	4
	33	+	5 (a) As used in this article:
	34	+	6
	35	+	7 (i) "Immediate family member" means a spouse,
	36	+	8 child or parent;
	37	+	9
	38	+	10 (ii) "Law enforcement" means the sheriff, the
	39	+	11 sheriff's deputies or peace officers of a city or town;
	40	+	12
	41	+	13 (iii) "Owner" means the owner of a residential
	42	+	14 dwelling;
	43	+	15
	44	+	16 (iv) "Residential dwelling" means a dwelling or
	45	+	17 property, real or otherwise, that serves as a place of
	46	+	18 residence or other facilities held out for the occupancy of
	47	+	19 a person. "Residential dwelling" includes real property
	48	+	20 where a dwelling or other residential facility is located;
	49	+	21 2025STATE OF WYOMING25LSO-0002
	50	+	ENGROSSED
	51	+	3SF00061 (v) "Unauthorized person" means a person who is
	52	+	2 not authorized to maintain presence or residency in a
	53	+	3 residential dwelling.
	54	+	4
	55	+	5
	56	+	6
	57	+	7
	58	+	8 (a) An owner or the owner's authorized agent may
	59	+	9 request from law enforcement in the county where the
	60	+	10 property is located the immediate removal of any person
	61	+	11 unlawfully occupying or possessing the owner's residential
	62	+	12 dwelling if all of the following conditions are met:
	63	+	13
	64	+	14 (i) The person requesting the removal is the
	65	+	15 residential dwelling owner or the owner's authorized agent;
	66	+	16
	67	+	17 (ii) The unauthorized person for whom removal
	68	+	18 has been requested has unlawfully entered and remains or
	69	+	19 continues to reside in the owner's residential dwelling;
	70	+	20
	71	+	21 (iii) There is no known pending litigation
	72	+	22 related to the residential dwelling between the owner and
	73	+	23 any known unauthorized person; 2025STATE OF WYOMING25LSO-0002
	74	+	ENGROSSED
	75	+	4SF00061
	76	+	2 (iv) The unauthorized person is not a current or
	77	+	3 former tenant pursuant to a written or oral rental or lease
	78	+	4 agreement authorized by the owner, the owner's predecessor
	79	+	5 or the owner's authorized agent;
	80	+	6
	81	+	7 (v) The unauthorized person is not an immediate
	82	+	8 family member of the owner.
	83	+	9
	84	+	10 (b) To request the immediate removal of an
	85	+	11 unauthorized person who is occupying a residential
	86	+	12 dwelling, the owner or the owner's authorized agent shall
	87	+	13 submit to law enforcement of the county where the
	88	+	14 residential dwelling is located a complaint for the removal
	89	+	15 of the unauthorized person. The complaint shall include, at
	90	+	16 a minimum, that:
	91	+	17
	92	+	18 (i) The person is the owner or the owner's
	93	+	19 authorized agent for the residential dwelling;
	94	+	20
	95	+	21 (ii) An unauthorized person has unlawfully
	96	+	22 entered and is remaining or residing unlawfully in the
	97	+	23 residential dwelling; 2025STATE OF WYOMING25LSO-0002
	98	+	ENGROSSED
	99	+	5SF00061
	100	+	2 (iii) The unauthorized person sought to be
	101	+	3 removed is not an owner or co-owner of the residential
	102	+	4 dwelling and has not been listed on title to the property
	103	+	5 unless the person has engaged in title fraud;
	104	+	6
	105	+	7 (iv) There is no known litigation related to the
	106	+	8 property that is pending between the owner and any person
	107	+	9 sought to be removed;
	108	+	10
	109	+	11 (v) The unauthorized person is not a current or
	110	+	12 former tenant pursuant to a written or oral rental or lease
	111	+	13 agreement authorized by the owner, the owner's predecessor
	112	+	14 or the owner's authorized agent;
	113	+	15
	114	+	16 (vi) The unauthorized person is not an immediate
	115	+	17 family member of the owner;
	116	+	18
	117	+	19 (vii) The owner acknowledges that an
	118	+	20 unauthorized person removed from the property or dwelling
	119	+	21 under this section may bring a cause of action against the
	120	+	22 owner for any false statements made in the complaint, or
	121	+	23 for wrongfully using this procedure, and that as a result 2025STATE OF WYOMING25LSO-0002
	122	+	ENGROSSED
	123	+	6SF0006
	124	+	1 of this action, the owner may be held liable for actual
	125	+	2 damages, penalties, costs and reasonable attorney fees;
	126	+	3
	127	+	4 (viii) The owner is requesting law enforcement
	128	+	5 to immediately remove the unauthorized person from the
	129	+	6 residential dwelling;
	130	+	7
	131	+	8 (ix) A copy of the owner's valid
	132	+	9 government-issued identification or a copy of documents
	133	+	10 authorizing the owner's authorized agent to act on the
	134	+	11 owner's behalf is included;
	135	+	12
	136	+	13 (x) The information contained in the complaint
	137	+	14 is true and correct and that the complaint is submitted
	138	+	15 under penalty of perjury.
	139	+	16
	140	+	17 (c) Upon receipt of a complaint under this section,
	141	+	18 law enforcement shall verify that the person who submitted
	142	+	19 the complaint is the record owner of the residential
	143	+	20 dwelling or the authorized agent of the owner and that the
	144	+	21 person is entitled to relief under this section. If law
	145	+	22 enforcement is unable to verify that the person who
	146	+	23 submitted the complaint is the record owner of the 2025STATE OF WYOMING25LSO-0002
	147	+	ENGROSSED
	148	+	7SF0006
	149	+	1 residential dwelling and is entitled to relief under this
	150	+	2 section, law enforcement shall have no obligation to
	151	+	3 provide notice and vacate the residential dwelling as
	152	+	4 provided in subsection (d) of this section.
	153	+	5
	154	+	6 (d) Upon verification under subsection (c) of this
	155	+	7 section, law enforcement shall, without delay, provide
	156	+	8 notice to immediately vacate to all unauthorized persons
	157	+	9 occupying the residential dwelling and shall put the owner
	158	+	10 in possession of the residential dwelling. Notice may be
	159	+	11 accomplished by hand delivery of the notice to the
	160	+	12 unauthorized occupant or by posting the notice on the front
	161	+	13 door or entrance of the residential dwelling. Law
	162	+	14 enforcement shall also attempt to verify the identities of
	163	+	15 all persons occupying the residential dwelling and shall
	164	+	16 document the identities. If appropriate, law enforcement
	165	+	17 may arrest any person found in the residential dwelling for
	166	+	18 trespass, outstanding warrants or any other legal cause.
	167	+	19
	168	+	20
	169	+	21
	170	+	22 2025STATE OF WYOMING25LSO-0002
	171	+	ENGROSSED
	172	+	8SF00061 (a) After law enforcement provides notice to
	173	+	2 immediately vacate, the owner or the owner's authorized
	174	+	3 agent may request that law enforcement stand by to keep the
	175	+	4 peace while the owner or agent changes the locks and
	176	+	5 removes the personal property of the unauthorized person
	177	+	6 from the premises to or near the property line.
	178	+	7
	179	+	8 (b) Law enforcement shall not be liable to the
	180	+	9 unauthorized person or any other party for the loss,
	181	+	10 destruction or damage of property removed under this
	182	+	11 section. The owner or the owner's authorized agent shall
	183	+	12 not be liable to an unauthorized person or any other party
	184	+	13 for the loss, destruction or damage to any removed personal
	185	+	14 property unless the removal was wrongful or unless the
	186	+	15 personal property is wantonly destroyed or damaged.
	187	+	16
	188	+	17 (c) A person may bring a civil cause of action
	189	+	18 against an owner or the owner's authorized agent for
	190	+	19 wrongful removal. A person harmed by a wrongful removal
	191	+	20 under this article may be restored to possession of the
	192	+	21 residential dwelling and may recover:
	193	+	22
	194	+	23 (i) Actual costs and damages incurred; 2025STATE OF WYOMING25LSO-0002
	195	+	ENGROSSED
	196	+	9SF00061
	197	+	2 (ii) Statutory damages equal to triple the fair
	198	+	3 market value of renting the residential dwelling during the
	199	+	4 period of wrongful removal;
	200	+	5
	201	+	6 (iii) Court costs;
	202	+	7
	203	+	8 (iv) Reasonable attorney fees.
	204	+	9
	205	+	10 (d) Nothing in this article shall be construed to
	206	+	11 limit:
	207	+	12
	208	+	13 (i) The rights of an owner;
	209	+	14
	210	+	15 (ii) The authority of any peace officer to
	211	+	16 arrest an unauthorized person for trespassing, vandalism,
	212	+	17 theft or any other criminal offense;
	213	+	18
	214	+	19 (iii) Remedies available under title 1, chapter
	215	+	20 21 of the Wyoming statute or any other provision of law.
	216	+	21 2025STATE OF WYOMING25LSO-0002
	217	+	ENGROSSED
	218	+	10SF00061
	219	+	2
	220	+	3
	221	+	4
	222	+	5 (a) Any person who, with the intent to detain or
	223	+	6 remain on real property or in a residential dwelling,
	224	+	7 knowingly presents to another person a false document
	225	+	8 purporting to be a valid lease agreement, deed or other
	226	+	9 instrument conveying real property rights shall be guilty
	227	+	10 of a misdemeanor punishable by imprisonment for not more
	228	+	11 than six (6) months, a fine not to exceed seven hundred
	229	+	12 fifty dollars ($750.00), or both.
	230	+	13
	231	+	14 (b) Any person who lists or advertises residential
	232	+	15 real property for sale knowing that the purported seller
	233	+	16 has no legal title or authority to sell the property, or
	234	+	17 who rents or leases the property to another person knowing
	235	+	18 that he has no lawful ownership or leasehold interest in
	236	+	19 the property, shall be guilty of a felony punishable by
	237	+	20 imprisonment for not more than two (2) years, a fine not to
	238	+	21 exceed five thousand dollars ($5,000.00), or both.
	239	+	22 2025STATE OF WYOMING25LSO-0002
	240	+	ENGROSSED
	241	+	11SF00061W.S. 6-3-201(b)(i) and by creating a new
	242	+	2 paragraph (iv) is amended to read:
	243	+	3
	244	+	4
	245	+	5
	246	+	6
	247	+	7 (b) Property destruction and defacement is:
	248	+	8
	249	+	9 (i)
	250	+	10
	251	+	11 not more than six (6) months, a fine of not more than seven
	252	+	12 hundred fifty dollars ($750.00), or both, if the cost of
	253	+	13 restoring injured property or the value of the property if
	254	+	14 destroyed is less than one thousand dollars ($1,000.00);
	255	+	15
	256	+	16
	257	+	17
	258	+	18
	259	+	19
	260	+	20
	261	+	21
	262	+	22 2025STATE OF WYOMING25LSO-0002
	263	+	ENGROSSED
	264	+	12SF0006
6	265		1
7		-	AN ACT relating to civil procedure; authorizing property
8		-	owners to request law enforcement assistance for the
9		-	removal of unauthorized occupants as specified; specifying
10		-	requirements for the law enforcement assistance; specifying
11		-	liability; providing civil remedies; prohibiting unlawful
12		-	use of false property documents; amending the offense of
13		-	property destruction and defacement by creating an
14		-	additional felony offense; providing definitions;
15		-	specifying penalties; and providing for an effective date.
16		-	Be It Enacted by the Legislature of the State of Wyoming:
17		-	Section 1. W.S. 1-21-1401 through 1-21-1403 and
18		-	6-5-309 are created to read:
19		-	ARTICLE 14
20		-	REMOVAL OF UNAUTHORIZED OCCUPANTS
21		-	1-21-1401. Definitions.
22		-	(a) As used in this article:
23		-	(i) "Immediate family member" means a spouse,
24		-	child or parent;
25		-	(ii) "Law enforcement" means the sheriff, the
26		-	sheriff's deputies or peace officers of a city or town;
27		-	(iii) "Owner" means the owner of a residential
28		-	dwelling;
29		-	(iv) "Residential dwelling" means a dwelling or
30		-	property, real or otherwise, that serves as a place of
31		-	residence or other facilities held out for the occupancy of ORIGINAL SENATE ENGROSSED
32		-	FILE NO. SF0006
33		-	ENROLLED ACT NO. 20, SENATE
34		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
35		-	2025 GENERAL SESSION
36	266		2
37		-	a person. "Residential dwelling" includes real property
38		-	where a dwelling or other residential facility is located;
39		-	(v) "Unauthorized person" means a person who is
40		-	not authorized to maintain presence or residency in a
41		-	residential dwelling.
42		-	1-21-1402. Limited alternative remedy for removal of
43		-	unauthorized persons from residential property.
44		-	(a) An owner or the owner's authorized agent may
45		-	request from law enforcement in the county where the
46		-	property is located the immediate removal of any person
47		-	unlawfully occupying or possessing the owner's residential
48		-	dwelling if all of the following conditions are met:
49		-	(i) The person requesting the removal is the
50		-	residential dwelling owner or the owner's authorized agent;
51		-	(ii) The unauthorized person for whom removal
52		-	has been requested has unlawfully entered and remains or
53		-	continues to reside in the owner's residential dwelling;
54		-	(iii) There is no known pending litigation
55		-	related to the residential dwelling between the owner and
56		-	any known unauthorized person;
57		-	(iv) The unauthorized person is not a current or
58		-	former tenant pursuant to a written or oral rental or lease
59		-	agreement authorized by the owner, the owner's predecessor
60		-	or the owner's authorized agent;
61		-	(v) The unauthorized person is not an immediate
62		-	family member of the owner or in a cohabitating
63		-	relationship with the owner. ORIGINAL SENATE ENGROSSED
64		-	FILE NO. SF0006
65		-	ENROLLED ACT NO. 20, SENATE
66		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
67		-	2025 GENERAL SESSION
68	267		3
69		-	(b) To request the immediate removal of an
70		-	unauthorized person who is occupying a residential
71		-	dwelling, the owner or the owner's authorized agent shall
72		-	submit to law enforcement of the county where the
73		-	residential dwelling is located a complaint for the removal
74		-	of the unauthorized person. The complaint shall include, at
75		-	a minimum, that:
76		-	(i) The person is the owner or the owner's
77		-	authorized agent for the residential dwelling;
78		-	(ii) An unauthorized person has unlawfully
79		-	entered and is remaining or residing unlawfully in the
80		-	residential dwelling;
81		-	(iii) The unauthorized person sought to be
82		-	removed is not an owner or co-owner of the residential
83		-	dwelling and has not been listed on title to the property
84		-	unless the person has engaged in title fraud;
85		-	(iv) There is no known litigation related to the
86		-	property that is pending between the owner and any person
87		-	sought to be removed;
88		-	(v) The unauthorized person is not a current or
89		-	former tenant pursuant to a written or oral rental or lease
90		-	agreement authorized by the owner, the owner's predecessor
91		-	or the owner's authorized agent;
92		-	(vi) The unauthorized person is not an immediate
93		-	family member of the owner or in a cohabitating
94		-	relationship with the owner; ORIGINAL SENATE ENGROSSED
95		-	FILE NO. SF0006
96		-	ENROLLED ACT NO. 20, SENATE
97		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
98		-	2025 GENERAL SESSION
99		-	4(vii) The owner acknowledges that an
100		-	unauthorized person removed from the property or dwelling
101		-	under this section may bring a cause of action against the
102		-	owner for any false statements made in the complaint, or
103		-	for wrongfully using this procedure, and that as a result
104		-	of this action, the owner may be held liable for actual
105		-	damages, penalties, costs and reasonable attorney fees;
106		-	(viii) The owner is requesting law enforcement
107		-	to immediately remove the unauthorized person from the
108		-	residential dwelling;
109		-	(ix) A copy of the owner's valid
110		-	government-issued identification or a copy of documents
111		-	authorizing the owner's authorized agent to act on the
112		-	owner's behalf is included;
113		-	(x) The information contained in the complaint
114		-	is true and correct and that the complaint is submitted
115		-	under penalty of perjury.
116		-	(c) Upon receipt of a complaint under this section,
117		-	law enforcement shall verify that the person who submitted
118		-	the complaint is the record owner of the residential
119		-	dwelling or the authorized agent of the owner and that the
120		-	person is entitled to relief under this section. If law
121		-	enforcement is unable to verify that the person who
122		-	submitted the complaint is the record owner of the
123		-	residential dwelling and is entitled to relief under this
124		-	section, law enforcement shall have no obligation to
125		-	provide notice and vacate the residential dwelling as
126		-	provided in subsection (d) of this section.
127		-	(d) Upon verification under subsection (c) of this
128		-	section, law enforcement shall, without delay, provide ORIGINAL SENATE ENGROSSED
129		-	FILE NO. SF0006
130		-	ENROLLED ACT NO. 20, SENATE
131		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
132		-	2025 GENERAL SESSION
	268	+	4. This act is effective July 1, 2025.
133	269		5
134		-	notice to immediately vacate to all unauthorized persons
135		-	occupying the residential dwelling and shall put the owner
136		-	in possession of the residential dwelling. Notice may be
137		-	accomplished by hand delivery of the notice to the
138		-	unauthorized occupant or by posting the notice on the front
139		-	door or entrance of the residential dwelling. Law
140		-	enforcement shall also attempt to verify the identities of
141		-	all persons occupying the residential dwelling and shall
142		-	document the identities. If appropriate, law enforcement
143		-	may arrest any person found in the residential dwelling for
144		-	trespass, outstanding warrants or any other legal cause.
145		-	1-21-1403. Vacation of unauthorized persons; cause of
146		-	action for wrongful removal.
147		-	(a) After law enforcement provides notice to
148		-	immediately vacate, the owner or the owner's authorized
149		-	agent may request that law enforcement stand by to keep the
150		-	peace while the owner or agent changes the locks and
151		-	removes the personal property of the unauthorized person
152		-	from the premises to or near the property line.
153		-	(b) Law enforcement shall not be liable to the
154		-	unauthorized person or any other party for the loss,
155		-	destruction or damage of property removed under this
156		-	section. The owner or the owner's authorized agent shall
157		-	not be liable to an unauthorized person or any other party
158		-	for the loss, destruction or damage to any removed personal
159		-	property unless the removal was wrongful or unless the
160		-	personal property is wantonly destroyed or damaged.
161		-	(c) A person may bring a civil cause of action
162		-	against an owner or the owner's authorized agent for
163		-	wrongful removal. A person harmed by a wrongful removal ORIGINAL SENATE ENGROSSED
164		-	FILE NO. SF0006
165		-	ENROLLED ACT NO. 20, SENATE
166		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
167		-	2025 GENERAL SESSION
168		-	6
169		-	under this article may be restored to possession of the
170		-	residential dwelling and may recover:
171		-	(i) Actual costs and damages incurred;
172		-	(ii) Statutory damages equal to triple the fair
173		-	market value of renting the residential dwelling during the
174		-	period of wrongful removal;
175		-	(iii) Court costs;
176		-	(iv) Reasonable attorney fees.
177		-	(d) Nothing in this article shall be construed to
178		-	limit:
179		-	(i) The rights of an owner;
180		-	(ii) The authority of any peace officer to
181		-	arrest an unauthorized person for trespassing, vandalism,
182		-	theft or any other criminal offense;
183		-	(iii) Remedies available under title 1, chapter
184		-	21 of the Wyoming statute or any other provision of law.
185		-	6-5-309. Unlawful advertising or providing false
186		-	documents for fraudulently conveying or leasing real
187		-	property; penalties.
188		-	(a) Any person who, with the intent to detain or
189		-	remain on real property or in a residential dwelling,
190		-	knowingly presents to another person a false document
191		-	purporting to be a valid lease agreement, deed or other
192		-	instrument conveying real property rights shall be guilty
193		-	of a misdemeanor punishable by imprisonment for not more ORIGINAL SENATE ENGROSSED
194		-	FILE NO. SF0006
195		-	ENROLLED ACT NO. 20, SENATE
196		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
197		-	2025 GENERAL SESSION
198		-	7
199		-	than six (6) months, a fine not to exceed seven hundred
200		-	fifty dollars ($750.00), or both.
201		-	(b) Any person who lists or advertises residential
202		-	real property for sale knowing that the purported seller
203		-	has no legal title or authority to sell the property, or
204		-	who rents or leases the property to another person knowing
205		-	that he has no lawful ownership or leasehold interest in
206		-	the property, shall be guilty of a felony punishable by
207		-	imprisonment for not more than two (2) years, a fine not to
208		-	exceed five thousand dollars ($5,000.00), or both.
209		-	Section 2.
210		-	paragraph (iv) is amended to read:
211		-	6-3-201. Property destruction and defacement;
212		-	grading; penalties; aggregated costs or values.
213		-	(b) Property destruction and defacement is:
214		-	(i)
215		-	subsection, a misdemeanor punishable by imprisonment for
216		-	not more than six (6) months, a fine of not more than seven
217		-	hundred fifty dollars ($750.00), or both, if the cost of
218		-	restoring injured property or the value of the property if
219		-	destroyed is less than one thousand dollars ($1,000.00);
220		-	(iv) A felony punishable by imprisonment for not
221		-	more than ten (10) years, a fine of not more than ten
222		-	thousand dollars ($10,000.00), or both, if the person
223		-	unlawfully detains or occupies a residential dwelling as
224		-	defined by W.S. 1-21-1401(a)(iv) and who knowingly defaces,
225		-	injures or destroys property in or on the residential
226		-	dwelling, regardless of the cost of restoring the injured
227		-	property or the value of the property if destroyed. ORIGINAL SENATE ENGROSSED
228		-	FILE NO. SF0006
229		-	ENROLLED ACT NO. 20, SENATE
230		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
231		-	2025 GENERAL SESSION
232		-	8
233		-	Section 3. This act is effective July 1, 2025.
234		-	(END)
235		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
236		-	I hereby certify that this act originated in the Senate.
237		-	Chief Clerk
	270	+	6 (END)