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Committee debates notice and occupant protections in property-possession bill; bill set aside for more work
Summary
The committee reviewed a committee substitute for SB 207 proposing changes to notice and peace-officer procedures for removing occupants from dwelling units; staff walked through amendments requiring attempted hand delivery by peace officers, identification verification, assistance to occupants, and a right to bring action if wrongfully removed; the committee set the bill aside for further consideration.
Senate Bill 207 returned to the Senate Labor and Commerce Committee on May 8 with a committee substitute that includes several procedural changes around notice and the role of peace officers in property possession disputes.
Matt Churchill, staff to Chair Bjorkman, went through the amendment package. He said the substitute inserts language requiring a peace officer who is serving notice to "attempt to hand deliver notice to the occupant at the dwelling unit" and, if the officer can speak with the occupant, to verify whether the occupant entered the unit when it was not open to the public, whether the occupant has any rental agreement, whether the occupant is an immediate family member of the owner, and whether litigation between owner and occupant is pending. "If the peace officer is able to speak with the occupant when service is attempted, the peace officer shall attempt to verify the following information before hand delivering the notice," Churchill said. The substitute also permits posting on the front door only if hand delivery cannot be accomplished, and adds a provision that a peace officer shall attempt to assist the occupant in finding another place to stay or provide information about available shelters.
Chair Bjorkman raised practical concerns about requiring property owners to perform hand delivery and emphasized the bill's narrow scope—distinguishing it from criminal trespass where law enforcement would remove people engaged in criminal activity. He said the committee needs further work on mechanics and timing. The committee agreed to use the committee substitute as a working document but ultimately set SB 207 aside for further consideration; members scheduled follow-up at the committee’s next meeting on May 11.
No final vote was taken on the underlying policy in this session.
