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Committee advances bill making occupied-dwelling break-ins a felony

Judicial Criminal Committee · February 3, 2026

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Summary

House Bill 3267 would make breaking into an occupied dwelling a standalone felony without requiring proof the intruder intended to commit a second crime; members discussed prosecutorial discretion and accidental-entry scenarios before advancing the bill (6–1 recorded in transcript).

Representative George presented House Bill 3267 to eliminate a prosecutorial gap that previously required proof the intruder intended to commit another offense; under the presented language, breaking into an occupied dwelling would itself be a felony.

Representative Quinn asked whether the change could criminalize accidental entry — recounting a personal anecdote about walking into the wrong house — and the presenter and Representative Olson said prosecutors’ assessments of willfulness would distinguish accidental mistakes from criminal conduct. Representative Quinn asked, "Would that still be considered breaking and entering even though I didn't intend to commit a crime?" The committee’s presenters said prosecutors would have leeway.

The clerk announced a recorded vote the transcript shows as '6 aye, 1 next' and the chair said HB 3267 will be shown out as a do pass.