HB 4114A – replaces the measure and creates a cause of action against any person who, under color of law, enters property without a judicial warrant or judicially recognized exception to the warrant requirement – particularly relevant given recent federal immigration enforcement operations. The amendment declares an emergency and is effective on passage.
Amendment added: -5 The amendment replaces the measure and creates a cause of action against any person who, under color of law, enters property without a judicial warrant or judicially recognized exception to the warrant requirement. The amendment declares an emergency and is effective on passage.
PASSED HOUSE – CONTACT SENATE LEGISLATORS
Key Provisions:
- Who can sue: Property owners, occupants, or anyone lawfully present with a reasonable expectation of privacy
- What triggers a lawsuit: Someone acting under color of law enters property without a valid court-issued warrant and no recognized legal exception applies
- Protected “property” includes:
- Private land, buildings, and vehicles on private property
- Places of worship (churches, mosques, synagogues, etc.)
- Schools and educational facilities
- Medical facilities
- Any place with a reasonable expectation of privacy
- Remedies for winning plaintiffs: Economic damages, non-economic damages, equitable relief, and mandatory attorney fees
- Important limit: You cannot sue someone already subject to a federal civil rights lawsuit under 42 U.S.C. § 1983 (e.g., state/local police officers)
- Statute of limitations: 2 years to file
- Emergency clause: Takes effect immediately upon the Governor’s signature.
INTRODUCED BILL – The Act sets rules for when federal agents or agents from another state carry out operations in this state. The Act also creates a cause of action when agents violate the rules. The Act goes into effect when the Governor signs it.