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Committee backs bill to streamline removal of alleged squatters and protect responding officers
Summary
House Bill 10 would define "squatter," create a sworn petition process for property owners to request prompt removal, and give limited liability protections to law enforcement acting in good faith; committee favorably reported the bill 18-0 after lawmakers debated immunity and wrongful-removal safeguards.
Representatives Mary Anne Proctor and Emily Calloway presented House Bill 10, which they described as creating a statutory process to identify and remove unlawful occupants from real property and to give law enforcement clearer authority when responding to such calls.
"What this bill is doing is defining what a squatter is, and it streamlines what law enforcement is able to do to be able to remove them," Representative Mary Anne Proctor said, describing the measure as applying to all real property and not to current or former tenants.
The bill requires a sworn petition that the responding officer can provide; the petition form would be created by the Department of State Police and the sworn statement would give officers a tangible basis to act. Major Tom Zerninski of the Boone County Sheriff's Office testified the change would give responding officers clearer guidance at night and prevent lengthy civil eviction processes. "By defining what a squatter is and laying out the procedure to address that, it gives that law enforcement officer, especially at 02:00 in the morning ... some very clear guidelines," Major Zerninski said.
Representative Nimas asked whether immunity for those who remove alleged squatters would bar recovery by a person wrongfully removed. Proctor replied the bill includes a condition: immunity does not apply if the removal is found to be wrongful. "The end of the paragraph seems to say unless the removal is found to be wrongful," Chair Elliott observed, and Proctor confirmed the provision aims to avoid liability for accidental damage while preserving recourse for wrongful removals.
Committee action: The committee adopted the substitute and favorably reported HB 10. Chair Elliott announced: "So with 18 yes votes and no no votes, House Bill 10 does pass with favorable expression."
Key points: The bill is written to exclude tenants and family members, apply to any real property (residential, commercial, barns, land), require a sworn petition by the purported owner, allow officers discretion to arrest for a misdemeanor if a person refuses to leave, and treat damage by a squatter like tenant damage under KRS provisions discussed by witnesses.
Next steps: The bill was favorably reported out of committee; members urged careful attention to the wrongful-removal immunity language and signaled willingness to discuss any needed clarifications on the floor.
