This bill, sponsored by Representative Dwight Tosh, creates a new criminal offense in Arkansas: unlawful squatting. It amends Arkansas Code Title 5, Chapter 39, Subchapter 2 by adding a new section (5-39-215) to define and penalize this offense.

Here's a detailed breakdown:

Definition of Unlawful Squatting:

A person commits unlawful squatting if they meet ALL of the following conditions:

1. Knowingly enters the property of another person: This means the person is aware they are entering someone else's land or building without permission.
2. Knowingly resides on the property: The person lives on the property for any length of time, knowing they are there without permission.
3. Acts without lawful authority: The person has no legal right to be on the property, such as ownership, a lease agreement, or any other form of permission.
4. Cannot provide proof of lawful presence: The person cannot produce any of the following documents:
   • A deed or mortgage statement in their name, proving ownership.
   • A valid lease agreement with their name and the property owner's signature, proving they are renting the property.
   • A rent receipt or other credible evidence of rent payment made within the last 60 days, showing they are a tenant.

Penalty:

Unlawful squatting is classified as a Class B misdemeanor in Arkansas. This generally means potential penalties could include:

• Jail time: Up to 90 days in county jail.
• Fines: Up to $1,000.

Reporting Restrictions:

• To prevent frivolous or harassing reports, the bill specifies that only the property owner or an authorized representative (e.g., a property manager) can report suspected unlawful squatting to law enforcement. This aims to ensure that the law is used to protect property rights and not to unfairly target individuals.

In essence: This bill aims to provide a legal tool for property owners to address situations where individuals are living on their property without permission and have no legal claim to be there. It criminalizes this specific type of unauthorized occupancy, setting clear criteria for law enforcement and providing a legal recourse for property owners.