H.F. 2629 Section 1. NEW SECTION . 648.24 Unlawful squatting. 1 1. As used in this section: 2 a. “Immediate family member” means a person’s spouse, 3 children, parents or guardians, siblings, and grandparents, 4 whether related by blood, adoption, or marriage. 5 b. “Premises” means a dwelling, commercial building, or 6 vacant or unimproved real property. 7 c. (1) “Unlawful squatting” means entering and residing 8 unlawfully in a premises when the person entering and residing 9 in the premises is not privileged or licensed to do so. 10 (2) “Unlawful squatting” includes without limitation taking 11 up residence in a premises a person does not own if all of the 12 following are true: 13 (a) The person is not a current tenant at the premises. 14 (b) The person does not have a valid agreement to occupy 15 the premises. 16 (c) The person is not an immediate family member of the 17 owner of the premises. 18 2. A person commits the offense of unlawful squatting if all 19 of the following circumstances apply: 20 a. The person: 21 (1) Knowingly enters the premises of another person. 22 (2) Knowingly resides on the premises of the other person 23 for any period of time. 24 (3) Knowingly acts without lawful authority in entering and 25 residing on the premises. 26 (4) Cannot produce at least one of the following documents: 27 (a) A deed or mortgage statement in the person’s name for 28 the premises. 29 (b) A lease agreement that includes the name and signature 30 of the other person or an authorized representative of the 31 other person. 32 (c) A valid written or electronic agreement or 33 communication authorizing the person to enter upon the 34 premises. 35 -1- LSB 2111HV (3) 91 as/js 1/ 4

H.F. 2629 (d) A receipt or other reliable evidence of a rent payment 1 made to the other person or an authorized representative of the 2 other person dated within the last sixty days. 3 b. The premises the person enters upon is not open to the 4 public at the time of entry. 5 c. The owner of the premises has directed the person 6 entering upon the premises to leave the premises or has 7 contacted law enforcement to make a report of unlawful 8 squatting. 9 d. No pending litigation exists between the owner of the 10 premises and the person entering upon the premises. 11 3. A law enforcement agency shall not accept a report of 12 unlawful squatting unless the report is made by an owner of 13 the premises upon which the unlawful squatting occurred, or by 14 an authorized representative of the owner of the premises upon 15 which the unlawful squatting occurred. 16 4. A law enforcement officer acting in good faith in 17 response to a report of a violation of this section is immune 18 from criminal and civil liability. 19 5. a. Unlawful squatting is a serious misdemeanor. 20 b. A second offense of unlawful squatting is an aggravated 21 misdemeanor. 22 c. A third or subsequent offense of unlawful squatting is a 23 class “D” felony. 24 6. If a person who has entered upon the premises of another 25 person knowingly provides a false document in response to a 26 request to produce a document under subsection 2, paragraph “a” , 27 subparagraph (4), or otherwise produces a false document as 28 justification for the person’s presence on the premises, the 29 person is guilty upon conviction of a class “D” felony. 30 7. A person aggrieved by a violation of this section is 31 granted a private cause of action against the person who 32 violated this section and is entitled to recover damages, 33 including without limitation restitution, and reasonable 34 attorney fees. 35 -2- LSB 2111HV (3) 91 as/js 2/ 4

H.F. 2629 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill establishes the criminal offense of unlawful 4 squatting. 5 The bill provides that a person commits the offense of 6 unlawful squatting if all of the following circumstances apply: 7 the person knowingly enters the premises of another person and 8 resides on the premises of the other person for any period 9 of time without lawful authority in entering and residing on 10 the premises, and cannot produce any document authorizing the 11 person’s presence; the premises the person enters upon is not 12 open to the public at the time of entry; the owner of the 13 premises has directed the person entering upon the premises to 14 leave the premises or has contacted law enforcement to make a 15 report of unlawful squatting; and no pending litigation exists 16 between the owner of the premises and the person entering upon 17 the premises. 18 The bill provides that a law enforcement agency shall not 19 accept a report of unlawful squatting unless the report is made 20 by an owner of the premises upon which the unlawful squatting 21 occurred, or by an authorized representative of the owner of 22 the premises upon which the unlawful squatting occurred. A 23 law enforcement officer acting in good faith in response to a 24 report of a violation of this section is immune from criminal 25 and civil liability. 26 The bill provides that unlawful squatting is a serious 27 misdemeanor. A second offense of unlawful squatting is 28 an aggravated misdemeanor. A third offense of unlawful 29 squatting is a class “D” felony. A person who provides a false 30 document as justification for the person’s presence on the 31 premises commits a class “D” felony. A serious misdemeanor 32 is punishable by confinement for no more than one year and a 33 fine of at least $430 but not more than $2,560. An aggravated 34 misdemeanor is punishable by confinement for no more than two 35 -3- LSB 2111HV (3) 91 as/js 3/ 4

H.F. 2629 years and a fine of at least $855 but not more than $8,540. A 1 class “D” felony is punishable by confinement for no more than 2 five years and a fine of at least $1,025 but not more than 3 $10,245. 4 The bill provides a private cause of action for a person 5 aggrieved by a violation of the bill and the person is entitled 6 to recover damages, including without limitation restitution, 7 and reasonable attorney fees. 8 The bill provides definitions of “immediate family member”, 9 “premises”, and “unlawful squatting”. 10 -4- LSB 2111HV (3) 91 as/js 4/ 4