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Committee trims squatter bill; keeps criminal trespass provision and adds definition of "dwelling"
Summary
Lawmakers adopted amendments to House Bill 1305 that remove several new civil remedies and leave a criminal trespass enhancement: unlawful occupation of a residential dwelling becomes a class E felony, and the bill adds a statutory definition of "dwelling." The committee voted to send the revised bill forward.
The House Judiciary Committee approved amendments to House Bill 1305 that narrow the sponsor’s original package and retain a criminal trespass provision while removing other civil‑remedy provisions.
Under the amended measure, an individual who unlawfully detains, occupies or trespasses upon a residential dwelling would be guilty of a class E felony. The amendment also inserts a definition of "dwelling" that legislative council reworded to avoid circularity: dwelling "means real property or residential property, including a building, structure or part of a building or structure used or intended to be used as a home, residence or sleeping place by an individual."
The committee discussed earlier drafts that included additional sections addressing unauthorized sales of property and a limited alternative remedy to remove an unauthorized individual. Those new civil provisions were removed in the version the committee adopted. Members noted existing remedies such as eviction remain available through the courts.
Representative Vedder moved the amendments and said the changes were intended to improve the bill. Committee members debated whether removing the previously proposed remedies left enforcement tools sufficient for property owners; Representative Henderson asked whether there already is a remedy in code, and the chair and others noted eviction and existing criminal trespass statutes.
The committee adopted the amendment on a roll call vote of 11–3 and then voted to give the bill a due‑pass recommendation as amended; the final committee vote was recorded as 12 in favor, 1 against, with 1 absent (the clerk recorded the final tally as carrying). Representative Henderson volunteered to carry the bill on the floor.
The bill sponsor and county prosecutors had consulted during drafting; the committee packet included a redlined version dated Feb. 4 reflecting that consultation. Committee discussion indicated some members favor a narrower criminal approach rather than broader civil remedies to address complaints about unauthorized occupants.
