North Carolina Rep. Biggs alternative removal of unauthorized persons bill passes House and Senate

Passed bill sponsored by State Rep. Brian Biggs seeks to provide an alternative remedy for removing unauthorized persons from private residential property through law enforcement action following a sworn affidavit, according to the North Carolina State House.

In the House, 21 Democrats and 65 Republicans voted in favor of the bill, while 26 Democrats and three Republicans opposed it.

Meanwhile, in the Senate, 20 Democrats and 26 Republicans voted in favor of the bill.

Biggs filed the bill in the North Carolina House on Feb. 11 during the 2025 regular session.

The legislation, known as HB 96, was passed on June 25 during the 2025 regular session.

According to the North Carolina General Assembly site, the bill’s official text was formally listed with the short title: “Expedited Removal of Unauthorized Persons.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill creates an alternative remedy for the expedited removal of unauthorized persons from private residential property by a law enforcement agency. It allows property owners or their authorized representatives to request the removal of individuals unlawfully occupying the property, provided that certain conditions are met, such as the absence of a valid rental agreement or ongoing litigation regarding the property. To initiate removal, the property owner must complete a sworn affidavit before a local court official and pay a $25 fee. Law enforcement must act within 24 hours of receiving the affidavit to remove the unauthorized persons. Any wrongful removal can lead to civil actions, including potential recovery of property, damages, and statutory penalties. This measure takes effect Oct. 1, 2025.

A related bill, SB 71, was also filed in the North Carolina Senate, introduced by Sen. Timothy D. Moffitt (and two others) on Feb. 11, 2025.

The bill was sponsored by Rep. Julia C. Howard (Republican-77th District), Rep. Kyle Hall (Republican-91st District), and Rep. Steve Tyson (Republican-3rd District), along with one other sponsor.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Biggs, a Republican, was elected to the North Carolina State House in 2023 to represent the state’s 70th House district, replacing previous state representative Patricia Hurley.

Under North Carolina law, bills must receive three readings in each chamber. According to the UNC School of Government, once a bill “passes its constitutionally required second reading and moves to its constitutionally required third reading,” additional debate can occur, but the final stage is often treated as a formality. Unless a legislator requests a roll-call, the third reading may be approved by voice vote or unanimous consent without a separate recorded tally.