Bill Text: MS HB1423 | 2025 | Regular Session | Introduced
Bill Title: Recreational vehicle park; provide process of removal of persons from.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Judiciary A [HB1423 Detail]
Download: Mississippi-2025-HB1423-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary A
By: Representative Grady
House Bill 1423
AN ACT TO PROVIDE THAT THE OWNER OR OPERATING AGENT OF A RECREATIONAL VEHICLE PARK MAY HAVE A PERSON REMOVED FROM THE PARK FOR CERTAIN REASONS; TO PROVIDE THE PROCESS FOR REMOVAL WHEN A PERSON REFUSES TO LEAVE; TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO ARREST SUCH PERSON; TO PROVIDE THAT SUCH REFUSAL OF ACCOMMODATIONS, SERVICE, OR ACCESS TO THE PREMISES MAY NOT BE BASED UPON RACE, COLOR, NATIONAL ORIGIN, SEX, PHYSICAL DISABILITY, OR CREED; TO BRING FORWARD SECTIONS 97-17-85 AND 75-73-9, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The owner and/or operating agent of a recreational vehicle park may refuse to provide accommodations, service or access to the premises to any person whose conduct on the premises of the park displays intoxication, profanity, lewdness, or brawling; who fails to make payment of rent at the rental rate agreed upon and by the time agreed upon; who indulges in such language or conduct as to disturb the peace, quiet enjoyment, or comfort of other guests; who engages in illegal or disorderly conduct; or whose conduct constitutes a nuisance or safety hazard.
(2) The owner and/or operating agent of a recreational vehicle park may request that a person who violates subsection (1) leave the premises immediately. A person who refuses to leave the premises commits the offense of trespass as provided in Section 97-17-85, and the owner and/or operator may call a law enforcement officer to have the person and his or her property removed under the supervision of the officer. It is the duty of such law enforcement officer, upon the request of such owner and/or operator, to remove from the premises or place under arrest any person who, according to the owner and/or operator, violated subsection (1). If a warrant has been issued by the proper judicial officer for the arrest of any person who violates subsection (1), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon removal or arrest, with or without warrant, the person is deemed to have abandoned or given up any right to occupancy of the premises of the recreational vehicle park; and the operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by such person. If conditions do not allow for immediate removal of the person's property, he or she may arrange a reasonable time, not to exceed forty-eight (48) hours, with the owner and/or operator to come remove the property, accompanied by a law enforcement officer. If, after forty-eight (48) hours, the person has not removed his or her property, the owner and/or operator of the recreational vehicle park shall have the right to have the property removed. A law enforcement officer shall not be liable for any claim involving the removal of the person or property from the recreational vehicle park under this section.
(3) Such refusal of accommodations, service, or access to the premises may not be based upon race, color, national origin, sex, physical disability, or creed.
SECTION 2. Section 97-17-85, Mississippi Code of 1972, is brought forward as follows:
97-17-85. Except as otherwise provided in Sections 73-13-103 and 49-7-79, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force.
SECTION 3. Section 75-73-9, Mississippi Code of 1972, is brought forward as follows:
75-73-9. (1) Any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value less than Twenty-five Dollars ($25.00) at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof, shall, upon conviction, be fined not less than Fifty Dollars ($50.00) and not exceeding Five Hundred Dollars ($500.00) or imprisoned in the county jail for a term not exceeding one (1) year, or both; but any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value of Twenty-five Dollars ($25.00) or over at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) and not exceeding One Thousand Dollars ($1,000.00) or imprisoned in the State Penitentiary for a term of one (1) year, or both. In case of a second and subsequent conviction of the offense described, regardless of the value of the food, lodging, money, property or other accommodations obtained, the punishment shall be by imprisonment in the State Penitentiary for a term of not exceeding two (2) years.
(2) No person shall remain in a hotel or motel where his term or stay has expired if the person has been given a separate written notice of his agreed departure date and checkout time at the time he registered in the hotel or motel, the person has signed such notice acknowledging his departure time, and the person has been given written notice at least three (3) hours prior to the time required to leave the hotel or motel room. Willful violations of this subsection shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($100.00) and each violation shall be a separate offense. This subsection shall not apply in case of serious medical emergency requiring the room's continued use.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
