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Panel unanimously advances bill to criminalize false lease documents and unlawful listings
Summary
House Bill 321, described by proponents as a measure to protect homeowners from fraudulent occupiers, was sent to the House floor by the House Judiciary, Rules and Administration Committee with a unanimous 14-0 roll call. The bill creates misdemeanor and felony offenses for different forms of false claims to residential property.
The House Judiciary, Rules and Administration Committee voted unanimously 14-0 to advance House Bill 321 to the House floor with a due-pass recommendation. Supporters described the measure as a criminal-law response to cases in which people occupy or attempt to sell or lease residential property to which they have no legal claim.
House member Bruce Scogg, R-District 10, who presented House Bill 321 and said Representative Brent Crane will carry it on the floor, told the committee the measure addresses incidents in which property owners return from travel to find someone occupying their home and claiming a lease or title.
‘‘One of our most fundamental rights in America is the right to our private property,’’ Scogg said. He summarized the bill’s core elements: a person who knowingly and willfully presents a false document purporting to be a valid lease would commit a misdemeanor; a person who lists or advertises residential real property for sale or rent knowing they lack legal title would commit a felony.
Scogg said the bill requires a specific complaint filed with the county sheriff that itemizes the facts and that standard sheriff fees would apply for any law-enforcement response.
Committee members raised questions about the distinctions between the misdemeanor and felony provisions. Representative Behar asked why presenting a false lease is categorized as a misdemeanor while advertising or selling a property without title is a felony. Scogg replied the felony provision involves ‘‘more victims’’ because it can draw additional parties into a transaction, and that changing the classification to a felony could be pursued in a separate bill.
A committee member asked whether a homeowner who returns to find an intruder could use lethal force; Scogg said that question was outside the bill’s scope and would involve separate criminal-law considerations.
Representative Scott moved for a roll-call vote; the committee recorded the following yeas: Vice Chairman Alfieri; Representatives Scott, Ehart, Erickson, Garner, Handy, Hawkins, Hill, Hostetler, Bohanka, Schertz, Messias, Rubel and Chairman Scogg. The motion passed unanimously, 14–0.
Representative Vihar asked how quickly the bill would take effect; the transcript records the question but does not show an answer on the record. No members of the public were recorded as testifying for or against the bill during the hearing.
