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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2047: writ of restitution; criminal trespass
Sponsor: Representative Bliss, LD 1
Committee on Judiciary
Overview
Enhances the offense to first degree criminal trespass if a person remains in or returns to a living space without the permission of the owner, after being served with a writ of restitution.
History
Statute instructs the court, if a person is found guilty of forcible entry and detainer or forcible detainer, to give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, and to issue a writ of restitution to that effect (A.R.S. § 12-1178).
A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, mobile home space or recreational vehicle space without the express permission of the owner of the property is guilty of third degree criminal trespass which is a class 3 misdemeanor (A.R.S. § 12-1178; 13-1502).
Provisions
1. Changes the offense from third degree to first degree criminal trespass if a person returns or remains in a dwelling unit, mobile home space or recreational vehicle space without the permission of the owner, after having been lawfully served with a writ of restitution. (Sec. 1)
2. Makes conforming changes. (Sec. 1)
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Initials NM/NP HB 2047
2/5/2026 Page 0 Judiciary
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