Vermont H. 702: An act relating to the Child Poverty Advisory Council

Bill Text

BILL AS INTRODUCED H.702
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VT LEG #385048 v.1
H.702 1
Introduced by Representative Dolgin of St. Johnsbury 2
Referred to Committee on 3
Date: 4
Subject: Crimes; trespass; residing on land or premises without authority; 5
removal of unauthorized occupants 6
Statement of purpose of bill as introduced: This bill proposes to prohibit a 7
person from entering and residing on the land or premises of another person, 8
knowing that there is no authority to do so. Violation of the prohibition is a 9
felony, with an enhanced penalty if the person causes greater than $1,000.00 in 10
damages to the land or premises. The bill proposes to prohibit a person from 11
knowingly presenting a lease agreement containing false representations of 12
material facts regarding land or premises where the person intends to enter and 13
reside. The bill proposes to expand the expedited procedure for removing 14
unlawful occupants to include persons who, knowing there is no authority to 15
do so, enter and reside on the land or premises of another person. 16
An act relating to criminal trespass and residing on land or premises of 17
another person without authority 18

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VT LEG #385048 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. SHORT TITLE 2
This act may be cited as the “Vermont Squatter Reform Act.” 3
Sec. 2. 13 V.S.A. § 3705 is amended to read: 4
§ 3705. UNLAWFUL TRESPASS 5
(a)(1) A person shall be imprisoned for not more than three months or fined 6
not more than $500.00, or both, if, without legal authority or the consent of the 7
person in lawful possession, the person enters or remains on any land or in any 8
place as to which notice against trespass is given by: 9
(A) actual communication by the person in lawful possession or the 10
person’s agent or by a law enforcement officer acting on behalf of such person 11
or the person’s agent; 12
(B) signs or placards so designed and situated as to give reasonable 13
notice; or 14
(C) in the case of abandoned property: 15
(i) signs or placards, posted by the owner, the owner’s agent, or a 16
law enforcement officer, and so designed and situated as to give reasonable 17
notice; or 18
(ii) actual communication by a law enforcement officer. 19
* * * 20

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VT LEG #385048 v.1
(d) A person who enters a building other than a residence, whose access is 1
normally locked, whether or not the access is actually locked, or a residence in 2
violation of an order of any court of competent jurisdiction in this State shall 3
be imprisoned for not more than one year or fined not more than $500.00, or 4
both. 5
(e) A person who enters a dwelling house, whether or not a person is 6
actually present, knowing that the person is not licensed or privileged to do so 7
shall be imprisoned for not more than three years or fined not more than 8
$2,000.00, or both. 9
* * * 10
(g)(1) A person who enters the land or premises of another and resides on 11
the land or premises for any period of time, knowing that the person is not 12
licensed or privileged to do so, shall be imprisoned for not more than three 13
years or fined not more than $2,000.00, or both. 14
(2) A person who violates subdivision (1) of this subsection and causes 15
greater than $1,000.00 in damages to the land or premises shall be imprisoned 16
for not more than five years or fined not more than $5,000.00, or both. 17
(3) As used in this subsection, “resides” means to inhabit or live on or 18
within the land or premises. 19
Sec. 3. 13 V.S.A. § 2033 is added to read: 20
§ 2033. FRAUDULENT LEASES 21

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VT LEG #385048 v.1
A person who, with the intent to enter or reside on the land or premises of 1
another for any period of time, knowingly presents or causes to be presented a 2
document purporting to be a valid lease agreement for the land or premises that 3
contains false representations as to any material fact or that conceals a material 4
fact shall be imprisoned for not more than three years or fined not more than 5
$2,000.00, or both. 6
Sec. 4. 12 V.S.A. § 4853b is amended to read: 7
§ 4853b. UNLAWFUL OCCUPANT; EXPEDITED HEARING 8
(a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the 9
tenant may file a motion for a judgment that the plaintiff is entitled to 10
immediate possession of the premises on the grounds that: 11
(A) the defendant is a person that is occupying a dwelling unit 12
without right or permission and the written rental agreement for the dwelling 13
unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2); or 14
(B) the defendant, knowing that there was no license or privilege to 15
do so, entered and is residing on the land or premises of another person. 16
(2) The motion may be filed and served with the complaint or at any 17
time after the complaint has been filed. The motion shall be accompanied by 18
an affidavit setting