FirstHB1104_H_JUD.001 RegularNOT SessionAMENDED Seventy-fifthHOUSE GeneralCOMMITTEE AssemblyOF STATEREFERENCE OFREPORT COLORADO_______________________________ INTRODUCEDFebruary LLS4, NO.2025 Chair of Committee Date Committee on Judiciary.

25-0620.01After Jedconsideration Franklinon x5484the HOUSEmerits, BILLthe 25-1104Committee HOUSErecommends SPONSORSHIPthe Keltie,following: SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNINGTHERIGHTOFALANDOWNERTOSTOPTHEOCCURRENCE OF SQUATTING ON A PREMISES .

BillHB25-1104 Summarybe (Note:postponed indefinitely.

This** summary*** applies** to*** this** bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Thebillprohibitsapersonfromoccupyingapremiseswithoutthe consent of a person holding legal ownership or a designee of a person holding legal ownership of the premises (landowner).

A person who occupies a premises without the consent of the landowner commits the new crime of squatting.

The first conviction for a violation of squatting isanunclassifiedmisdemeanorpunishablebyafinenottoexceed$2,000 Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law.

Dashes through the words or numbers indicate deletions from existing law.

per offense.

Upon conviction, a court shall also fine an individual convicted of squatting not more than $1,000 for each day the individual unlawfullyoccupied the premises.

A person convicted of squatting more than once commits anunclassifiedmisdemeanor,which is punishable by a fine of no more than $2,000 and byup to 6 months in jail, in addition to the fine for each day an individual convicted of squatting unlawfully occupied the premises.

The court shall order restitution to the landowner for any damage the individual caused to the premises and for any legal costs and fees incurred as a result of the individual's presence on the premises and removal from the premises.

Acourtshallissuearulingtoapersonaccusedofsquattingwithin days after the person is charged with squatting.

Upon a conviction of anindividualforsquatting,acourtshallordertheindividualtovacatethe premises immediately.

Before a conviction, if the landowner of a premises unlawfullyoccupied byan individual notifies law enforcement oftheindividual'spresence,lawenforcementshallremovetheindividual within24hoursafterthelandownerof thepremisespresentslegaltitleas proof of ownership of the premises to law enforcement.

If legal title as proof is presented, law enforcement shall remove the person who is unlawfully on the premises without the need for a court order.

A person convicted of squatting shall not recover damages from the landowner of the premises where damage occurred.

Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

Legislativedeclaration.(1) Thegeneralassembly finds and declares that:

(a) The sanctity of private property is a cornerstone of a free and fair society;

(b) Unauthorized occupation of private property undermines the rights and investments of lawful owners of private property;

and (c) Private property rights should be strengthened and unlawful squatters removed from private property as expeditiously as possible.

(2) The general assembly further finds and declares that the general assembly intends to prioritize the rights of private property owners, reduce opportunities for squatters' claims, and ensure swift and -2- HB25-1104 decisive action to protect private property from unlawful occupation.

SECTION 2.

In Colorado Revised Statutes, 13-21-115, add (4)(d) as follows:

13-21-115.

Actionsagainstlandowners-shorttitle-legislative declaration - definitions.

(4) (d) AON CONVICTED OF SQUATTING PURSUANT TO SECTION 18-4-504.7SHALL NOT RECOVER DAMAGES FROM A LANDOWNER OF THE PREMISES WHERE THE DAMAGES OCCURRED .

SECTION 3.

In Colorado Revised Statutes, add 18-4-504.7 as follows:

18-4-504.7.

Squatting - crime - penalty - definitions.

(1) (a) A PERSON COMMITS THE CRIME OF SQUATTING IF THE PERSON OCCUPIES A PREMISES WITHOUT THE CONSENT OF A LANDOWNER OF THE PREMISES .

(b) THE CRIME OF SQUATTING IS A STRICT LIABILITY C.IME (2) (a) SQUATTING IN VIOLATION OF SUBSECTION (1) OF THIS SECTION IS AN UNCLASSIFIED MISDEMEANOR PUNISHABLE UPON CONVICTION BY A MANDATORY FINE OFNOT MORE THAN TWO THOUSAND DOLLARS PER OFFENSE AND AN ADDITIONAL MANDATORY FINE OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EVERY DAY THE PERSON IS FOUND TO BE SQUATTING AT THE PREMISES.

(b) A SECOND OR SUBSEQUENT CONVICTION OF SQUATTING IS AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A MANDATORY SENTENCE OF NOT MORE THAN SIX MONTHS IN JAIL FOR EACH OFFENSE AFTER THE FIRST OFFENSE,A MANDATORY FINE OF TWO THOUSAND DOLLARS PER OFFENSE ANDANADDITIONALMANDATORYFINEOFNOTMORETHANONE THOUSAND DOLLARS FOR EVERY DAY THE PERSON IS FOUND TO BE SQUATTING AT THE PREMISES.

(3) U PON CONVICTION, THE COURT SHALL ORDER RESTITUTION -3- HB25-1104 FOR:

(a) DAMAGE CAUSED BY VANDALISM AND OTHER MEANS TO THE PREMISES CAUSED BY THE DEFENDANT OR THE DEFENDANT S INVITEE;

AND (b) LEGAL COSTS AND FEESINCLUDING REASONABLE ATTORNEY FEES,THAT THE LANDOWNER INCURRED AS A RESULT OF THE PERSON S PRESENCE ON THE PREMISES AND REMOVAL FROM THE PREMISES.