ArkansasHB10492025 Regular SessionHouse

TO AMEND ARKANSAS LAW CONCERNING CRIMINAL OFFENSES; AND TO CRIMINALIZE UNLAWFUL SQUATTING.

Sponsored By: Ronald Caldwell (Republican), Dwight Tosh (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Squatting victims can sue for losses

If you are harmed by a violation of the unlawful-squatting law, you can sue the person responsible. You can seek damages, including repayment for losses, and reasonable attorney’s fees. The law does not set a fixed recovery amount.

New protections and penalties for squatting

Arkansas gives property owners new criminal-law protection against unlawful squatting. The crime covers dwellings, commercial buildings, and vacant or unimproved land. It requires knowingly entering and living there for any period without lawful authority. The person must lack ownership, current tenant status, a valid occupancy agreement, and immediate-family status with the owner. Immediate family includes spouses, children, parents or guardians, siblings, and grandparents, by blood, adoption, or marriage. The person must also be unable to show any qualifying proof: a deed or mortgage in their name; a lease naming and signed by the other party or authorized representative; a valid written or electronic entry agreement; or reliable proof of rent paid within the last 60 days. The property must not be open to the public at entry. The owner must have directed the person to leave or law enforcement must have been contacted. No lawsuit may be pending between the owner and the person. A first offense is a Class B misdemeanor; a second is a Class A misdemeanor; a third is a Class D felony. Knowingly producing a false document is also a Class D felony. Separately, the law broadens “premises” for burglary, trespass, and related offenses to include occupiable structures and any real property, subject to the squatting section’s separate definition.

Owners control reports; responding officers gain protection

Law enforcement can accept unlawful-squatting reports only from the property owner or the owner’s authorized representative. Officers responding in good faith are protected from criminal and civil liability for that response. The law also allows a false-report charge when someone falsely reports unlawful squatting.

Sponsors & Cosponsors

Sponsors

  • Ronald Caldwell

    Republican • Senate

  • Dwight Tosh

    Republican • House

Cosponsors

  • Wade Andrews

    Republican • House

  • Sonia Eubanks Barker

    Republican • House

  • Howard M. Beaty, Jr.

    Republican • House

  • Rick Beck

    Republican • House

  • Mary Bentley

    Republican • House

  • Keith Brooks

    Republican • House

  • Cameron Cooper

    Republican • House

  • Frances Cavenaugh

    Republican • House

  • Paul Childress

    Republican • House

  • Bruce Cozart

    Republican • House

  • Cindy Crawford

    Republican • House

  • Matt Duffield

    Republican • House

  • Hope Duke

    Republican • House

  • Les D. Eaves

    Republican • House

  • Brian S. Evans

    Republican • House

  • Tony Furman

    Republican • House

  • Justin Gonzales

    Republican • House

  • Zack Gramlich

    Republican • House

  • RJ Hawk

    Republican • House

  • Mike Holcomb

    Republican • House

  • Steve Hollowell

    Republican • House

  • Julie Mayberry

    Republican • House

  • Jeremiah Moore

    Republican • House

  • Lane Jean

    Republican • House

  • Joey L. Carr

    Republican • House

  • John P. Carr

    Republican • House

  • Karilyn Brown

    Republican • House

  • Lee Johnson

    Republican • House

  • Jack Ladyman

    Republican • House

  • Wayne Long

    Republican • House

  • Robin Lundstrum

    Republican • House

  • Roger D. Lynch

    Republican • House

  • Matt Brown

    Republican • House

  • Mark D. McElroy

    Republican • House

  • Matthew J. Shepherd

    Republican • House

  • John Maddox

    Republican • House

  • Mindy McAlindon

    Republican • House

  • Rick McClure

    Republican • House

  • Richard McGrew

    Republican • House

  • Ron McNair

    Republican • House

  • Jon Milligan

    Republican • House

  • Stetson Painter

    Republican • House

  • Shad Pearce

    Republican • House

  • Chad Puryear

    Republican • House

  • Rebecca Burkes

    Republican • House

  • R. Scott Richardson

    Republican • House

  • David Ray

    Republican • House

  • Marcus E. Richmond

    Republican • House

  • Johnny Rye

    Republican • House

  • Stan Berry

    Republican • House

  • Stephen Meeks

    Republican • House

  • Bart Schulz

    Republican • House

  • Trey Steimel

    Republican • House

  • Steve Unger

    Republican • House

  • DeAnn Vaught

    Republican • House

  • Steven Walker

    Republican • House

  • Les Warren

    Republican • House

  • Jim Wooten

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 304 • No: 4

House vote • 2/27/2025

House Vote - Thursday, February 27, 2025 2:18:36 PM

Yes: 92 • No: 2 • Other: 3

House vote • 2/25/2025

House Vote - Tuesday, February 25, 2025 2:12:40 PM

Yes: 91 • No: 0 • Other: 3

Senate vote • 2/24/2025

Senate Vote - Monday, February 24, 2025 2:26:58 PM

Yes: 32 • No: 0

House vote • 2/10/2025

House Vote - Monday, February 10, 2025 2:41:54 PM

Yes: 89 • No: 2 • Other: 5

Actions Timeline

  1. Notification that HB1049 is now Act 238

    3/4/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    2/27/2025House
  3. TO BE ENROLLED

    2/27/2025House
  4. Senate amendment # 2 read and concurred in.

    2/27/2025House
  5. Senate amendment # 1 read and concurred in.

    2/25/2025House
  6. Returned from Senate as passed, as amended # 1 & 2

    2/24/2025House
  7. Returned to the House as passed as amended # 1 & 2 .

    2/24/2025Senate
  8. Read the third time and passed.

    2/24/2025Senate
  9. REPORTED CORRECTLY ENGROSSED

    2/18/2025Senate
  10. Amendment # 2 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    2/18/2025Senate
  11. Placed on second reading for purpose of amendment.

    2/18/2025Senate
  12. REPORTED CORRECTLY ENGROSSED

    2/13/2025Senate
  13. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    2/13/2025Senate
  14. Placed on second reading for purpose of amendment.

    2/13/2025Senate
  15. Returned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1

    2/12/2025Senate
  16. Read first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE

    2/10/2025Senate
  17. Read the third time and passed and ordered transmitted to the Senate.

    2/10/2025House
  18. Returned by the Committee Do Pass

    2/6/2025House
  19. REPORTED CORRECTLY ENGROSSED

    2/4/2025House
  20. Amendment No. 2 read and adopted and the bill ordered engrossed.

    2/4/2025House
  21. Placed on second reading for the purpose of amendment.

    2/4/2025House
  22. Read the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE

    1/13/2025House
  23. Filed

    11/21/2024House

Bill Text

  • HB1049 - Introduced

    11/21/2024

  • Act Version

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