Official Summary Text
HB2047 - 572R - Senate Fact Sheet
Assigned to
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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
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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