Judiciary committee hears bill to criminalize squatting; motion for immediate passage fails

The Senate Judiciary Committee opened a hearing on House Bill 13‑05, which would add unlawful occupancy of a residential dwelling (commonly described in testimony as “squatting”) to North Dakota’s criminal trespass provisions.

Representative Jim Casper, sponsor, told the committee the state “does not have anything in Century Code addressing this issue” and said the bill would make “an individual who unlawfully detains, occupies, or trespasses upon a residential dwelling … guilty of a class c felony for the first offense and a class b felony for a second or subsequent offense” if the repeat offense occurs at the same dwelling.

The bill’s sponsor said the measure responds to reports that empty houses or apartments are being occupied while owners are away: “People are finding empty houses or apartments because they're currently not being rented out or the owners may be gone. Law enforcement, when called, removes the people. But under current law, because the dwelling is currently unoccupied, the dwelling is not considered a dwelling.”

The committee pressed for clarification on the bill’s definition of dwelling. Senator Brownberger asked whether a hotel room, homeless shelter or an extended‑stay occupancy could be swept into the definition. Austin Gunderson of Legislative Council advised the committee the definition as drafted would cover “any structure, residence, home, but also include a sleeping place by definition of dwelling under the statute,” and that “you could make the argument that if you're sleeping at a hotel room that that hotel room would be considered a dwelling underneath the statute.” Gunderson also told members that vehicles would not be covered because the bill refers to “real property or residential property” and that barns or other outbuildings likely remain governed by existing trespass provisions rather than the enhanced felony penalties.

Committee members also debated whether a second offense should be graded as a class B felony only if it occurs at the same dwelling or whether any subsequent offense anywhere in the state should carry the higher penalty; Representative Casper said he would have “no objection to changing the bill that way at all.”

Senator Lewick moved a due pass recommendation for HB 13‑05, but the motion died for lack of a second and the committee did not take a final vote. The committee later reopened the hearing to hear Legislative Council staff explain the drafting choices and the scope of “sleeping place,” but took no final action during the session.

The sponsors and Legislative Council told the committee the bill’s goal is to give property owners clearer statutory recourse when vacant residences are occupied, while members raised concerns about potentially criminalizing conduct in hotel rooms or other temporary lodging. No amendments were adopted on the record; the committee left the bill pending further drafting and consideration.