Kentucky HB 50: AN ACT relating to sex offenders.

Bill Text

UNOFFICIAL COPY 26 RS HB 50/GA
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AN ACT relating to the removal of persons unlawfully occupying real property. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 383.290 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Immediate family member" means a spouse, parent, sibling, child, mother-5
in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; 6
and 7
(b) "Law enforcement officer" means a: 8
1. Person who is employed as a sworn law enforcement officer by a city, 9
county, urban-county government, consolidated local government, or 10
charter county government law enforcement agency; 11
2. Sheriff or full-time deputy sheriff; or 12
3. Constable granted police powers. 13
(2) A property owner or his or her authorized agent may request a law enforcement 14
agency[officer] to immediately remove a person or persons unlawfully occupying 15
real property pursuant to this section if: 16
(a) The unauthorized person is not and never has been a tenant of the premises, 17
and never had a written or oral agreement authorized by the property owner to 18
occupy the premises; 19
(b) The real property was not open to members of the public at the time the 20
unauthorized person or persons entered; 21
(c) The property owner has directed the unauthorized person to leave the 22
property; 23
(d) The unauthorized person or persons are not immediate family members of the 24
property owner; and 25
(e) There is no pending litigation related to the real property between the property 26
owner and any known unauthorized person. 27

UNOFFICIAL COPY 26 RS HB 50/GA
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HB005010.100 - 1169 - XXXX 2/6/2026 10:09 AM GA
(3) The request for immediate removal of an unlawful occupant of real property under 1
subsection (2) of this section shall be made by presenting a completed Petition to 2
Remove Persons Unlawfully Occupying Real Property to the responding law 3
enforcement officer. The submitted petition shall be in substantially the following 4
form: 5
"PETITION TO REMOVE PERSONS UNLAWFULLY OCCUPYING REAL 6
PROPERTY 7
I, the owner or authorized agent of the owner of the real property located at ...., 8
declare that (initial each box): 9
1. .... I am the owner of the real property or the authorized agent of the owner of 10
the real property. 11
2. .... I obtained title to the property on or about..... 12
3. .... An unauthorized person or persons have unlawfully entered and are 13
remaining or residing unlawfully on the real property. 14
4. .... The real property was not open to members of the public at the time the 15
unauthorized person or persons entered. 16
5. .... I have directed the unauthorized person or persons to leave the real 17
property, but they have not done so. 18
6. .... The unauthorized person or persons sought to be removed are not an owner 19
or a co-owner of the property and have not been listed on the title to the property 20
unless the person or persons have engaged in title fraud. 21
7. .... The unauthorized person or persons are not immediate family members of 22
the property owner. 23
8. .... There is no litigation related to the real property pending between the 24
property owner and any person sought to be removed. 25
9. .... I understand that a person or persons removed from the property pursuant 26
to this procedure may bring a cause of action against me for any false statements 27

UNOFFICIAL COPY 26 RS HB 50/GA
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HB005010.100 - 1169 - XXXX 2/6/2026 10:09 AM GA
made in this petition, or for wrongfully using this procedure, and that as a result of 1
such action I may be held liable for actual damages, penalties, costs, and reasonable 2
attorney's fees. 3
10. .... I am requesting the law enforcement officer to immediately remove the 4
unauthorized person or persons from the property. 5
11. .... A copy of my valid government-issued identification is attached, or I am 6
an agent of the property owner, and documents evidencing my authority to act on 7
the property owner's behalf are attached. 8
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 9
STATEMENT IS TRUE AND CORRECT.["] 10
.................... (signature of property owner or agent of owner)" 11
(4) (a) Upon receipt of a petition in accordance with subsection (3) of this section, 12
the responding law enforcement officer shall verify the identity of the 13
petitioner. The petitioner's identity may be verified by presentation of a 14
government-issued photo identification. 15
(b) If the identity of the petitioner is verified, the responding law enforcement 16
officer shall, without unnecessary delay, serve a notice to immediately vacate 17
the property on all the unlawful occupants and shall put the owner in 18
possession of the real property. 19
(c) The service required in paragraph (b) of this subsection may be accomplished 20
by hand delivery of the notice to an unlawful occupant or by postin