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H 321

An act relating to miscellaneous cannabis amendments

2025-2026 Regular Session Introduced by Matt Birong and 1 co-sponsor

Establishes a fast, limited civil remedy for owners to remove unlawfully occupying residents from residential property via sheriff-verified eviction, with related fraud penalties.

House message: Governor approved bill on June 11, 2025
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Bill Summary · H 321

Summary — H 321: "An act relating to miscellaneous cannabis amendments" (text addresses property‑rights/squatters remedy)

Note: Although the bill caption references cannabis, the enacted text provided establishes a limited remedy for removal of unauthorized occupants of residential property and related criminal offenses. The Act was passed by the Legislature and approved by the Governor (Governor approval noted June 11, 2025). The bill includes an emergency clause and provides an effective date in the enacted language.

Purpose / Intent

  • Establish a fast, limited alternative remedy for lawful owners (or their authorized agents) to have unauthorized persons immediately removed from residential real property.
  • Protect property rights, discourage theft/vandalism, and create criminal penalties for certain fraudulent acts related to detaining or offering residential real property for sale/rent when the actor lacks authority.

Key provisions

  • New civil remedy (Section 6-310A, Idaho Code):

    • A property owner or authorized agent may submit a verified, sworn "Complaint to Remove Persons Unlawfully Occupying Residential Real Property" to the county sheriff when all conditions are met (owner/agent status, residential dwelling, unlawful entry/continued occupancy, property not open to the public when entry occurred, owner directed occupants to leave, occupants are not current/former tenants under a valid lease, not immediate family, and no pending related litigation).
    • The complaint must include specified attestations and attach government ID and, if an agent, proof of authority.
    • Upon verification of ownership/authority, the sheriff must, without delay, serve a notice to immediately vacate, put the owner back into possession, may post the notice, attempt to identify occupants, and may arrest for trespass or other legal causes.
    • The sheriff is entitled to the same fee as serving a writ of possession; the owner may hire the sheriff to stand by while locks are changed and property is removed, paying a reasonable hourly rate set by the sheriff.
    • The sheriff and owner are not liable to occupants for loss/damage to property resulting from removal unless the removal was wrongful.
    • The removed person may bring a civil action for wrongful removal; such plaintiffs may be restored to possession and recover costs, damages, statutory damages, and attorney fees (exact statutory damage amount in text is truncated).

  • New criminal offenses (Ch. 36, Title 18 additions — sections 18-3621 and 18-3622):

    • Misdemeanor for knowingly and willfully presenting a false document purporting to be a valid lease.
    • Felony for listing or advertising residential real property for sale or rent when the advertiser knows the purported seller/lessor has no legal title or authority to sell or rent the property.

Who is affected

  • Property owners and their authorized agents (gain an expedited enforcement tool).
  • Unauthorized occupants (commonly called "squatters") who may be removed quickly but retain civil remedies if removal was wrongful.
  • County sheriffs (charged with verification, service, potential arrests, and stand-by duties; allowed fees).
  • Persons committing fraud related to leases or advertising of titles are exposed to criminal penalties.
  • Landlords, tenants, family members (the remedy expressly excludes immediate family and bona fide tenants under valid lease agreements).

Fiscal and procedural notes

  • Fiscal note prepared by a proponent states no increase/decrease in state or local revenue or expenditures — no fiscal impact.
  • The bill includes an emergency clause; the enacted text indicates an effective date consistent with that clause (Governor approval recorded June 11, 2025).
  • Complaint procedure and sheriff verification are required prior to immediate removal; civil causes of action remain available to those harmed by wrongful removals.

(Section references: new Section 6-310A, Idaho Code; new Sections 18-3621 and 18-3622, Idaho Code.)

Compiled from official sources — confirm details with the bill’s official record.

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