Protecting Homeowners And Deployed Military
| Type | Bill |
|---|---|
| Session | 2018 Regular Session |
| Subjects |
Concerning the "Protecting Homeowners and Deployed Military Personnel Act".
Bill Summary:
Unauthorized persons occupying residential property - temporary mandatory injunction - procedures - removal - action for false declaration. Under current law, a person who occupies a vacant or unoccupied residence without the permission of the owner can only be evicted under the forcible entry and detainer statutes. In such a situation, the act authorizes an owner or agent of the owner to file a complaint and a verified motion for a temporary mandatory injunction restoring possession of the residential property to the owner or lawful occupant. The act specifies required declarations in the motion and establishes procedures for the new motion and complaint including time lines, notice, and service of process.
If the court enters a writ of restitution, the act requires the sheriff to remove the unauthorized persons from the premises and to order that the person or persons stay off the premises.
The act creates a civil cause of action for a false declaration related to the verified motion and authorizes the plaintiff to recover actual damages, attorney fees, and costs.
(Note: This summary applies to this bill as enacted.)
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.009 [Attachment A]. | The motion passed without objection. | Vote summary |
| Refer Senate Bill 18-015, as amended, to the Committee of the Whole. | The motion passed on a vote of 9-0. | Vote summary |
| Activity | Vote | Documents |
|---|
| Activity | Vote | Documents |
|---|---|---|
| Refer Senate Bill 18-015 to the Committee of the Whole. | The motion passed on a vote of 3-2. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 05/08/2018 | Conference Committee Report | REPASS |
65
AYE
0
NO
0
OTHER
|
Vote record |
| 05/08/2018 | Conference Committee Report | ADOPT |
63
AYE
2
NO
0
OTHER
|
Vote record |
| 05/08/2018 | Conference Committee Report | BYD SCP |
65
AYE
0
NO
0
OTHER
|
Vote record |
| 05/04/2018 | Conference Committee Report | REJECT |
60
AYE
0
NO
5
OTHER
|
Vote record |
| 05/01/2018 | Conference Committee Report | BYD SCP |
62
AYE
2
NO
1
OTHER
|
Vote record |
| 04/19/2018 | Third Reading | BILL |
62
AYE
0
NO
3
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 05/08/2018 | Conference Committee Report | REPASS |
35
AYE
0
NO
0
OTHER
|
Vote record |
| 05/08/2018 | Conference Committee Report | ADOPT CCR |
35
AYE
0
NO
0
OTHER
|
Vote record |
| 04/24/2018 | House Amendments | NOT CONCUR APPT CC |
35
AYE
0
NO
0
OTHER
|
Vote record |
| 01/29/2018 | Third Reading | BILL |
33
AYE
0
NO
2
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 06/06/2018 | Governor | Governor Signed |
| 05/17/2018 | Governor | Sent to the Governor |
| 05/17/2018 | House | Signed by the Speaker of the House |
| 05/16/2018 | Senate | Signed by the President of the Senate |
| 05/08/2018 | Senate | Senate Consideration of Second Conference Committee Report result was to Adopt Committee Report - Repass |
| 05/08/2018 | House | House Consideration of Second Conference Committee Report result was to Adopt Committee Report - Repass |
| 05/08/2018 | ConfComm | Second Conference Committee Result was to Adopt Rerevised w/ Amendments |
| 05/04/2018 | House | House Consideration of First Conference Committee Report result was to Reject, Discharge and Appoint |
| 05/03/2018 | ConfComm | First Conference Committee Result was to Adopt Rerevised w/ Amendments |
| 04/27/2018 | ConfComm | First Conference Committee Result was to No Report |
| 04/24/2018 | Senate | Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee |
| 04/20/2018 | Senate | Senate Considered House Amendments - Result was to Laid Over Daily |
| 04/19/2018 | House | House Third Reading Passed - No Amendments |
| 04/18/2018 | House | House Second Reading Passed with Amendments - Committee, Floor |
| 04/17/2018 | House | House Second Reading Laid Over Daily - No Amendments |
| 04/12/2018 | House | House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole |
| 03/21/2018 | House | House Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only |
| 02/01/2018 | House | Introduced In House - Assigned to State, Veterans, & Military Affairs |
| 01/29/2018 | Senate | Senate Third Reading Passed - No Amendments |
| 01/26/2018 | Senate | Senate Third Reading Laid Over Daily - No Amendments |
| 01/25/2018 | Senate | Senate Second Reading Passed with Amendments - Floor |
| 01/22/2018 | Senate | Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole |
| 01/10/2018 | Senate | Introduced In Senate - Assigned to Judiciary |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 07/01/2018 | 393 | Protecting Homeowners & Deployed Military |