SF0006

Establishes a civil procedure for property owners to request law enforcement assistance in removing unauthorized occupants from residential dwellings and creates criminal penalties for related property crimes.

• Defines key terms including 'unauthorized person' (one not authorized to occupy a residential dwelling), 'owner' (the residential dwelling owner), 'law enforcement' (sheriffs and peace officers), and 'residential dwelling' (any dwelling or property serving as a place of residence). (W.S. 1-21-1401)
• Allows owners or authorized agents to request law enforcement removal of unauthorized occupants if the person unlawfully entered the property, no pending litigation exists, the person is not a tenant under a rental agreement, and the person is not an immediate family member. (W.S. 1-21-1402(a))
• Requires owners requesting removal to submit a complaint to law enforcement containing specific information including proof of ownership, verification that the person is not a tenant or co-owner, acknowledgment of potential liability for false statements, and a statement under penalty of perjury that the information is true. (W.S. 1-21-1402(b))
• Requires law enforcement to verify the complainant is the record owner and entitled to relief before taking action, and prohibits law enforcement from providing notice or removal assistance if verification cannot be made. (W.S. 1-21-1402(c))
• Upon verification, authorizes law enforcement to provide notice to vacate and put the owner in possession of the dwelling, and allows law enforcement to arrest occupants for trespass, outstanding warrants, or other criminal causes. (W.S. 1-21-1402(d))
• Permits owners to request law enforcement stand by while locks are changed and unauthorized occupants' personal property is removed to the property line, with law enforcement charging a reasonable hourly rate. (W.S. 1-21-1403(a))
• Provides that law enforcement and owners are not liable for loss, destruction, or damage to removed property except where removal is wrongful or property is wantonly destroyed, and allows wrongfully removed persons to recover actual damages, triple the fair market value of rent during the wrongful removal period, court costs, and attorney fees.