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HI HB709
Bill
Status
1/21/2025
Primary Sponsor
Jenna Takenouchi
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AI Summary
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Establishes a new chapter authorizing property owners or authorized agents to request law enforcement officers immediately remove unauthorized persons unlawfully occupying residential dwellings.
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Requires eight conditions be met before removal, including: requester must be property owner or authorized agent, property contains a residential dwelling, persons unlawfully entered and remain on property, property was not open to public when entered, owner directed persons to leave, occupants are not tenants or family members, and no pending litigation exists between parties.
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Law enforcement officer must verify the complainant's ownership or authorization and identity of occupants before serving notice to immediately vacate by hand delivery or posting on front door; officer may arrest occupants for trespass or other crimes as appropriate.
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Property owner may request law enforcement officer stand by while changing locks and removing occupants' personal property to property line; officer charges reasonable hourly rate; neither officer nor owner liable for property loss or damage unless removal was wrongful.
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Allows civil cause of action for wrongful removal, with harmed person eligible to recover actual costs, damages equal to triple fair market rent, court costs, reasonable attorney fees, and restoration to possession; courts must prioritize wrongful removal cases.
Legislative Description
Relating To Trespassing.
Removal
Last Action
The committee(s) on HSG recommend(s) that the measure be deferred.
2/12/2025