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HB2047 • 2026

writ of restitution; criminal trespass

HB2047 - writ of restitution; criminal trespass

Housing
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Selina Bliss
Last action
2026-06-10
Official status
Sent to governor
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

writ of restitution; criminal trespass

HB2047 - 572R - Senate Fact Sheet Assigned to JUDE������������������������������������������������������������������������������������������������������������������ FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, Second Regular Session REVISED FACT SHEET FOR H.B.

What This Bill Does

  • HB2047 - 572R - Senate Fact Sheet Assigned to JUDE������������������������������������������������������������������������������������������������������������������ FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, Second Regular Session REVISED FACT SHEET FOR H.B.
  • 2047 writ of restitution; criminal trespass Purpose Subjects a defendant to criminal trespass in the first degree , rather than criminal trespass in the third degree , when the defendant is lawfully served with a writ of restitution for forcible entry and detainer or forcible detainer, and the defendant remains in or returns to the property for which the writ of restitution is issued as outlined.
  • Background A person is guilty of forcible entry and detainer or forcible detainer if the person: 1) makes an entry into any lands, tenements or other real property and the entry is not provided by law; 2) makes an outlined entry by force; or 3) willfully and without force holds over any lands, tenements or other real property after the termination of the period for which such property was let to the person, or to a person under whom that person claims, and after a demand for possession is made in writing by the person entitled to possession ( A.R.S.
  • � 12-1171 ).

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-06-10 Arizona State Legislature

    Sent to governor

  2. 2026-06-09 House

    Transmitted to House

  3. 2026-06-09 Senate

    Senate third read passed

  4. 2026-04-13 Senate

    Senate committee of the whole

  5. 2026-03-31 Senate

    Senate minority caucus

  6. 2026-03-31 Senate

    Senate majority caucus

  7. 2026-03-30 Senate

    Senate consent calendar

  8. 2026-03-17 Senate

    Senate second read

  9. 2026-03-16 Senate

    Senate Rules: PFC

  10. 2026-03-16 Senate

    Senate Judiciary and Elections: DP

  11. 2026-03-16 Senate

    Senate first read

  12. 2026-03-10 Senate

    Transmitted to Senate

  13. 2026-03-10 House

    House third read passed

  14. 2026-03-05 House

    House committee of the whole

  15. 2026-03-03 House

    House minority caucus

  16. 2026-03-03 House

    House majority caucus

  17. 2026-03-02 House

    House consent calendar

  18. 2026-01-13 House

    House second read

  19. 2026-01-12 House

    House Rules: C&P

  20. 2026-01-12 House

    House Judiciary: DP

  21. 2026-01-12 House

    House first read

Official Summary Text

HB2047 - 572R - Senate Fact Sheet

Assigned to
JUDE������������������������������������������������������������������������������������������������������������������ FOR
COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

REVISED

FACT SHEET FOR
H.B. 2047

writ of
restitution; criminal trespass

Purpose

Subjects a
defendant to
criminal trespass in the first degree
, rather than
criminal
trespass in the third degree
, when the defendant is lawfully served with a
writ of restitution for forcible entry and detainer or forcible detainer, and
the defendant remains in or returns to the property for which the writ of
restitution is issued as outlined.

Background

A person is
guilty of forcible entry and detainer or forcible detainer if the person: 1)
makes an entry into any lands, tenements or other real property and the entry
is not provided by law;

2) makes an outlined entry by force; or 3) willfully and without force holds
over any lands, tenements or other real property after the termination of the
period for which such property was let to the person, or to a person under whom
that person claims, and after a demand for possession is made in writing by the
person entitled to possession (
A.R.S.
� 12-1171
).

If a defendant
is found guilty of forcible entry and detainer, or forcible detainer, the court
must: 1) enter judgment for the plaintiff for restitution of the premises, all
charges stated in the rental agreement and for damages, attorney fees, court fees
and other costs and, if the plaintiff chooses, all rent found to be due and
unpaid through the rental period provided for in the rental agreement; and 2)
grant a writ of restitution. A writ of restitution may not be entered until
five calendar days after the judgment is issued and the writ of restitution
must be enforced as promptly and expeditiously as possible.

A defendant who
is lawfully served with a writ of restitution commits
criminal trespass in
the third degree
if the defendant remains in or returns to the dwelling
unit, mobile home space or recreational vehicle space, for which the writ of
restitution applies, without the express permission of the property owner or
person with lawful control of the property.
Criminal trespass in the third
degree
is a class 3 misdemeanor (A.R.S. ��
12-1178

and
13-1502
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Increases, from
criminal trespass in the third degree
to
criminal
trespass in the first degree
, the criminal classification that a defendant
who is lawfully served with a writ of restitution is subject to for remaining
in or returning to the dwelling unit, mobile home space or recreational vehicle
space for which the writ of restitution applies, without express permission of
the person with lawful control of the property.

2.

Requires the court to notify a defendant, who is found guilty of
forcible entry and detainer, that a defendant who is lawfully served with a
writ of restitution and who remains in or returns to the property subject to
the writ of restitution commits
criminal trespass in the first degree

rather than
criminal trespass in the third degree
.

3.

Makes technical changes and conforming changes.

4.

Becomes effective on the general effective date.

Revisions

�

Updates the background to differentiate between a judgment
entered in favor of a plaintiff and the writ of restitution that is
subsequently granted after the judgment has been entered.

House Action

JUD���������������� 2/11/26����� DP������ 6-2-0-1

3
rd
Read��������� 3/10/26����������������� 32-22-5-0-1

Prepared by Senate Research

March 25, 2026

ZD/KS/ci

Current Bill Text

Read the full stored bill text
HB2047 - 572R - H Ver

House Engrossed

writ of restitution;
criminal trespass

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2047

AN
ACT

AMENDING SECTION 12-1178, ARIZONA REVISED
STATUTES; RELATING TO FORCIBLE ENTRY AND DETAINER.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 12-1178, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-1178.

Judgment; writ of restitution; limitation on issuance; criminal
violation; notice

A. If the defendant is found guilty of forcible
entry and detainer or forcible detainer, the court shall 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, as described in section 33-1314, subsection C, as provided
for in the rental agreement, and shall grant a writ of
restitution. The person designated by the judge to prepare the
judgment shall ensure that the defendant's social security number is not
contained on the judgment.

B. If the defendant is found not guilty of forcible
entry and detainer or forcible detainer, judgment shall be given for the
defendant against the plaintiff for damages, attorney fees and court and other
costs, and if it appears that the plaintiff has acquired possession of the
premises since commencement of the action, a writ of restitution shall issue in
favor of the defendant.

C.
No
A

writ of restitution shall
not
issue until the expiration
of five calendar days after the rendition of judgment. The writ of
restitution shall be enforced as promptly and expeditiously as
possible. The issuance or enforcement of a writ of restitution shall
not be suspended, delayed or otherwise affected by the filing of a motion to
set aside or vacate the judgment or similar motion unless a judge finds good
cause.

D. A defendant who is lawfully served with a writ of
restitution and who remains in or returns to the dwelling unit, as defined in
section 33-1310, or remains on or returns to the mobile home space, as
defined in section 33-1409, or the recreational vehicle space, as defined
in section 33-2102, without the express permission of the owner of the
property or the person with lawful control of the property commits criminal
trespass in the
third

first
degree
pursuant to section
13-1502
13-1504
.

E. If the defendant is found guilty of forcible
entry and detainer or forcible detainer, the court shall give the defendant
notice that a defendant who is lawfully served with a writ of restitution and
who remains in or returns to the dwelling unit or remains on or returns to the
mobile home space or the recreational vehicle space without the express
permission of the owner of the property or the person with lawful control of
the property commits criminal trespass in the
third
first
degree pursuant to section
13-1502
13-1504
.
END_STATUTE