HB2047

THE CONTEXT: Statute instructs the court, if a person is found guilty of forcible entry and detainer or forcible detainer, to give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, and to issue a writ of restitution to that effect ( A. R.

WHAT THE BILL DID: The final vetoed version would change the offense from third degree to first degree criminal trespass if a person returns or remains in a dwelling unit, mobile home space or recreational vehicle space without the permission of the owner, after having been lawfully served with a writ of restitution.

WHY IT MATTERED: The practical reason for this bill was to make a concrete adjustment to the existing rule for writ of restitution. It would change the offense from third degree to first degree criminal trespass if a person returns or remains in a dwelling unit, mobile home space or recreational vehicle space without the permission of the owner, after having been lawfully served with a writ of restitution, rather than leave the current rule unchanged.