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Bill

SB 5874

Concerning the removal of unauthorized persons.

2023-2024 Regular Session Introduced by Phil Fortunato

SB 5874 clarifies Washington legal procedures for removing unauthorized persons from property and defines owner/manager authority to enforce such removals.

First reading, referred to Law & Justice.
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WeVote Research Nonpartisan
Bill Summary · SB 5874

Legislative bill overview

SB 5874 addresses the legal procedures and authority for removing unauthorized persons from property. The bill modifies Washington state law regarding trespassing, property rights enforcement, and the circumstances under which property owners or managers can remove individuals without their permission. Specific provisions would define what constitutes unauthorized presence and clarify the legal protections available to those removing trespassers.

Why is this important

Property rights enforcement directly affects homeowners, business operators, and landlords dealing with squatters, trespassers, or individuals refusing to leave premises. The bill could impact homelessness policy, eviction procedures, and public safety by clarifying when force or intervention is legally justified. Clarifying removal authority also affects law enforcement's role in assisting property owners versus handling civil disputes.

Potential points of contention

  • Scope of "unauthorized": Ambiguity over whether the definition covers all trespassers equally or distinguishes between criminal trespassers, squatters, homeless individuals, and those with disputed claims to occupancy
  • Use of force provisions: Questions about what removal methods are permissible and whether property owners can use physical force without facing liability or criminal charges
  • Eviction versus removal: Tension between streamlined removal procedures and existing tenant protections and eviction laws that provide due process safeguards

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

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