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Bill

HB 1049

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

2025 Regular Session Introduced by Wade Andrews and 59 co-sponsors

Arkansas criminalized unlawful squatting, enabling law enforcement to prosecute property occupation without owner permission as a criminal offense rather than civil matter only.

Notification that HB1049 is now Act 238
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Bill Summary · HB 1049

Legislative bill overview

HB 1049 amends Arkansas criminal law to establish unlawful squatting as a criminal offense. The bill creates legal definitions and penalties for individuals who occupy property without the owner's permission, addressing what supporters view as a growing problem of unauthorized occupancy in the state.

Why is this important

This law gives property owners and law enforcement clearer legal tools to remove trespassers from vacant or occupied properties. It shifts squatting from primarily a civil matter to a criminal one, potentially expediting eviction processes and providing police enforcement mechanisms rather than requiring lengthy court proceedings.

Potential points of contention

  • Homelessness concerns: Critics argue the law could criminalize unhoused individuals seeking shelter, potentially leading to incarceration rather than addressing root causes of homelessness
  • Definitional ambiguity: Questions about what constitutes "unlawful squatting" versus legitimate tenancy disputes or unclear lease arrangements could lead to inconsistent enforcement
  • Due process considerations: Concerns that criminal penalties may not adequately protect individuals' rights to contest property claims or defend against false accusations before facing criminal charges

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

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