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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
REVISED
writ of restitution; criminal trespass
Purpose
Subjects a defendant to criminal trespass in the first degree, rather than criminal trespass in the third degree, when the defendant is lawfully served with a writ of restitution for forcible entry and detainer or forcible detainer, and the defendant remains in or returns to the property for which the writ of restitution is issued as outlined.
Background
A person is
guilty of forcible entry and detainer or forcible detainer if the person: 1)
makes an entry into any lands, tenements or other real property and the entry
is not provided by law;
2) makes an outlined entry by force; or 3) willfully and without force holds
over any lands, tenements or other real property after the termination of the
period for which such property was let to the person, or to a person under whom
that person claims, and after a demand for possession is made in writing by the
person entitled to possession (A.R.S.
§ 12-1171).
If a defendant is found guilty of forcible entry and detainer, or forcible detainer, the court must: 1) enter judgment for the plaintiff for restitution of the premises, all charges stated in the rental agreement and for damages, attorney fees, court fees and other costs and, if the plaintiff chooses, all rent found to be due and unpaid through the rental period provided for in the rental agreement; and 2) grant a writ of restitution. A writ of restitution may not be entered until five calendar days after the judgment is issued and the writ of restitution must be enforced as promptly and expeditiously as possible.
A defendant who is lawfully served with a writ of restitution commits criminal trespass in the third degree if the defendant remains in or returns to the dwelling unit, mobile home space or recreational vehicle space, for which the writ of restitution applies, without the express permission of the property owner or person with lawful control of the property. Criminal trespass in the third degree is a class 3 misdemeanor (A.R.S. §§ 12-1178 and 13-1502).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from criminal trespass in the third degree to criminal trespass in the first degree, the criminal classification that a defendant who is lawfully served with a writ of restitution is subject to for remaining in or returning to the dwelling unit, mobile home space or recreational vehicle space for which the writ of restitution applies, without express permission of the person with lawful control of the property.
2. Requires the court to notify a defendant, who is found guilty of forcible entry and detainer, that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the property subject to the writ of restitution commits criminal trespass in the first degree rather than criminal trespass in the third degree.
3. Makes technical changes and conforming changes.
4. Becomes effective on the general effective date.
Revisions
· Updates the background to differentiate between a judgment entered in favor of a plaintiff and the writ of restitution that is subsequently granted after the judgment has been entered.
House Action
JUD 2/11/26 DP 6-2-0-1
3rd Read 3/10/26 32-22-5-0-1
Prepared by Senate Research
March 25, 2026
ZD/KS/ci