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House
File
322
-
Introduced
HOUSE
FILE
322
BY
COLLINS
A
BILL
FOR
An
Act
relating
to
real
property,
including
the
removal
of
1
unauthorized
persons
and
trespass,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
1
cited
as
the
“Stop
Squatters
Act”.
2
Sec.
2.
NEW
SECTION
.
648.24
Limited
alternative
remedy
to
3
remove
unauthorized
persons
from
real
property.
4
1.
For
the
immediate
removal
of
an
unauthorized
occupant,
a
5
person
may
submit
a
complaint
to
remove
the
unauthorized
person
6
occupying
real
property
to
the
police
if
the
real
property
is
7
located
in
a
city,
or
the
county
sheriff
if
the
property
is
8
located
outside
of
a
city,
for
a
person
that
is
unlawfully
9
entering,
remaining
upon,
or
occupying
real
property
if
all
of
10
the
following
are
true:
11
a.
The
requesting
person
is
the
real
property
owner
or
the
12
real
property
owner’s
authorized
agent.
13
b.
The
person
entering,
remaining
upon,
or
occupying
the
14
privately
owned
real
property
is
unauthorized
to
do
so.
15
c.
The
real
property
owner
or
real
property
owner’s
16
authorized
agent
has
notified
the
person
that
the
person
is
not
17
permitted
to
be
on
the
real
property.
18
d.
The
unauthorized
person
is
not
a
current
or
former
tenant
19
and
does
not
have
rights
under
chapter
562A
or
562B
related
to
20
the
real
property.
21
e.
The
unauthorized
person
is
not
an
immediate
family
member
22
of
the
real
property
owner.
23
f.
There
is
no
pending
litigation
between
the
property
owner
24
and
the
unauthorized
person
relating
to
the
real
property.
25
2.
Upon
receipt
of
the
complaint
to
remove
the
unauthorized
26
person
occupying
real
property,
the
law
enforcement
agency
27
shall
investigate,
including
by
reviewing
any
alleged
lease
28
agreement,
interviewing
neighbors,
and
making
other
relevant
29
inquiries
to
determine
the
validity
of
the
complaint.
If,
30
after
investigation,
the
law
enforcement
agency
determines
31
that
sufficient
grounds
exist
to
conclude
that
all
of
the
32
requirements
of
subsection
1
are
satisfied,
the
law
enforcement
33
agency
shall
direct
the
unauthorized
occupant
to
immediately
34
vacate
the
real
property
and
post
or
provide
a
written
notice
35
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to
immediately
vacate.
The
law
enforcement
agency
shall
also
1
return
possession
of
the
real
property
to
the
real
property
2
owner.
3
3.
The
law
enforcement
agency
is
entitled
to
an
hourly
fee
4
for
service
which
shall
be
assessed
to
the
unauthorized
person
5
as
a
civil
penalty.
Upon
service
of
the
notice,
the
real
6
property
owner
may
request
the
law
enforcement
agency
to
stand
7
by
to
keep
the
peace
while
changing
locks
and
removing
personal
8
property
of
the
unauthorized
occupant.
9
4.
A
real
property
owner
who
knowingly
submits
a
false
10
complaint
to
remove
an
unauthorized
person
occupying
real
11
property
shall
indemnify
the
law
enforcement
agency
for
any
12
damages
awarded
against
the
law
enforcement
agency
for
any
good
13
faith
conduct
that
was
based
on
the
complaint.
14
5.
This
section
does
not
limit
other
real
property
owner
15
rights
or
law
enforcement
authority.
16
Sec.
3.
Section
716.7,
subsection
2,
paragraph
a,
Code
2025,
17
is
amended
by
adding
the
following
new
subparagraph:
18
NEW
SUBPARAGRAPH
.
(8)
Intentionally
occupying
a
building
19
on
real
property
without
legal
authority
to
do
so
after
20
being
notified
that
the
person
is
unauthorized
to
do
so,
has
21
received
a
requested
to
vacate
the
premises,
and
remains
on
the
22
property.
23
Sec.
4.
Section
716.8,
Code
2025,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
9.
a.
A
person
committing
a
trespass
26
as
defined
in
section
716.7,
subsection
2,
paragraph
“a”
,
27
subparagraph
(8),
and
who
caused
one
thousand
dollars
or
less
28
in
property
damages,
commits
a
simple
misdemeanor.
29
b.
A
person
committing
a
trespass
as
defined
in
section
30
716.7,
subsection
2,
paragraph
“a”
,
subparagraph
(8),
and
who
31
caused
more
than
one
thousand
dollars
in
property
damages,
32
commits
a
serious
misdemeanor.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
real
property
owners’
rights
against
2
unauthorized
occupants
and
modifies
the
definition
of
trespass.
3
The
bill
allows
a
real
property
owner
to
submit
to
law
4
enforcement
a
complaint
to
remove
unauthorized
persons
5
occupying
the
owner’s
real
property
if
all
of
the
following
6
conditions
are
met:
(1)
the
requesting
person
is
the
real
7
property
owner
or
their
authorized
agent,
(2)
the
person
8
entering,
remaining
upon,
or
occupying
the
real
property
is
9
not
authorized
to
be
there,
(3)
the
unauthorized
person
has
10
been
notified
that
they
are
not
permitted
to
be
on
the
real
11
property,
(4)
the
unauthorized
person
is
not
a
current
or
12
former
tenant,
(5)
the
unauthorized
person
is
not
an
immediate
13
family
member
of
the
owner,
and
(6)
there
is
no
pending
14
litigation
relating
to
the
real
property
between
the
property
15
owner
and
the
unauthorized
person.
16
The
bill
provides
that
law
enforcement,
upon
receipt
17
of
the
complaint,
shall
conduct
an
investigation.
If
the
18
investigation
indicates
sufficient
grounds
that
the
above
19
conditions
are
met,
the
law
enforcement
agency
shall
direct
the
20
unauthorized
occupant
to
immediately
vacate,
provide
a
written
21
notice
to
immediately
vacate,
and
put
the
owner
in
possession
22
of
the
real
property.
23
The
bill
allows
a
law
enforcement
agency
to
collect
an
hourly
24
fee
for
services
provided
which
shall
be
assessed
against
the
25
unauthorized
occupant.
26
The
bill
provides
that
if
a
real
property
owner
knowingly
27
submits
a
false
complaint,
the
real
property
owner
shall
28
indemnify
the
law
enforcement
agency
for
any
damages
awarded
29
against
the
agency
for
any
good
faith
conduct
that
was
based
30
on
the
complaint.
31
The
bill
provides
for
criminal
penalties
for
an
unauthorized
32
person
occupying
real
property
who,
after
receiving
a
notice
33
to
vacate
the
property,
fails
to
do
so.
If
the
unauthorized
34
person
intentionally
damages
the
property
causing
damages
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less
than
$1,000,
the
person
commits
a
simple
misdemeanor.
A
1
simple
misdemeanor
is
punishable
by
confinement
for
no
more
2
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
3
$855.
If
the
unauthorized
person
intentionally
damages
the
4
property
causing
damages
more
than
$1,000,
the
person
commits
a
5
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
by
6
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
7
$430
but
not
more
than
$2,560.
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