SB1129

THE CONTEXT: The criminal code includes multiple forms of criminal trespass offenses, some of which might involve residential property. For example, a person can commit criminal trespass in the third degree, a class 3 misdemeanor, by knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry ( A.

WHAT THE BILL DID: The final vetoed version would allow a property owner or the owner's agent to request from law enforcement the immediate removal of a person who is unlawfully occupying a residential dwelling and prescribes the conditions necessary in order to deem a person an unlawful occupant, in order to request the removal of an unlawful occupant by law enforcement as described above, requires the property owner or owner's agent to submit to law enforcement a swon affidavit and prescribes a form of this sworn affidavit, and after received the sworn affidavit, requires law enforcement to verify that the person submitting the affidavit is the record owner of the real property or the owner's agent and appears otherwise entitled to relief under this new section.

WHY IT MATTERED: The practical reason for this bill was to give Arizonans and public officials a defined option for unlawful occupants under state law. It would allow a property owner or the owner's agent to request from law enforcement the immediate removal of a person who is unlawfully occupying a residential dwelling and prescribes the conditions necessary in order to deem a person an unlawful occupant, and would also in order to request the removal of an unlawful occupant by law enforcement as described above, requires the property owner or owner's agent to submit to law enforcement a swon affidavit and prescribes a form of this sworn affidavit, rather than leave the current rule unchanged.