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H0456aa..............................by JUDICIARY, RULES AND ADMINISTRATION
TRESPASS - Amends existing law to provide that a person commits trespass if
the person, without permission or invitation, returns and enters upon real
property within a year after being notified to depart from the property.
01/28 House intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/16 Rpt out - to Gen Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
02/28 3rd rdg as amen - PASSED - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Reynolds, Ridinger, Robison, Sali, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Ringo
Absent and excused -- Jones, Kunz, Pomeroy, Schaefer
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/29 Senate intro - 1st rdg as amen - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/28 3rd rdg as amen - PASSED - 32-1-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS--Crow
Absent and excused--Frasure, Whitworth
Floor Sponsor - Ingram
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed - Pres signed
03/31 To Governor
04/03 Governor signed
Session Law Chapter 147
Effective: 07/01/00
H0456
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 456, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO TRESPASS; AMENDING SECTION 18-7008, IDAHO CODE, TO PROVIDE THAT A
3 PERSON COMMITS TRESPASS IF THE PERSON, WITHOUT PERMISSION OR INVITATION,
4 RETURNS AND ENTERS UPON REAL PROPERTY WITHIN A YEAR AFTER BEING NOTIFIED
5 TO DEPART FROM THE PROPERTY AND TO MAKE TECHNICAL CORRECTIONS; AND PROVID-
6 ING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-7008, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-7008. TRESPASS -- ACTS CONSTITUTING. A. Every person who willfully
11 commits any trespass, by either:
12 1. Cutting down, destroying or injuring any kind of wood or timber
13 belonging to another, standing or growing upon the lands of another; or
14 2. Carrying away any kind of wood or timber lying on such lands; or
15 3. Maliciously injuring or severing from the freehold of another, any-
16 thing attached thereto, or the produce thereof; or
17 4. Digging, taking, or carrying away from any lot situated within the
18 limits of any incorporated city, without the license of the owner or legal
19 occupant thereof, any earth, soil, stone; or
20 5. Digging, taking, or carrying away from any land in any of the cities
21 of the state, laid down on the map or plan of such city, or otherwise rec-
22 ognized or established as a street, alley, avenue, or park, without the
23 license of the proper authorities, any earth, soil or stone; or
24 6. Willfully opening, tearing down, or otherwise destroying any fence on
25 the enclosed land of another, or opening any gate, bar, or fence of
26 another and willfully leaving it open, or using the corral or corrals of
27 another without the permission of the owner; or
28 7. Willfully covering up or encumbering in any manner, the land or city
29 lot of another, without written permission from the owner or custodian
30 thereof; or
31 8. Every person, except under landlord-tenant relationship, who, being
32 first notified in writing, or verbally by the owner or authorized agent of
33 the owner of real property, to immediately depart from the same and who
34 refuses so to so depart, or who, without permission or invitation, returns
35 and enters said property within a year, after being so notified; or
36 9. Entering without permission of the owner or the owner's agent, upon
37 the real property of another person which real property is posted with "No
38 Trespassing" signs, is posted with a minimum of one hundred (100) square
39 inches of fluorescent orange paint except that when metal fence posts are
40 used, the entire post must be painted fluorescent orange, or other notices
41 of like meaning, spaced at intervals of not less than one (1) sign, paint
42 area or notice per six hundred sixty (660) feet along such real property;
43 provided that where the geographical configuration of the real property is
2
1 such that entry can reasonably be made only at certain points of access,
2 such property is posted sufficiently for all purposes of this section if
3 said signs, paint or notices are posted at such points of access; or
4 10. Entering the property of another and, being unprovoked, intentionally
5 and without the consent of the animal's owner, kills or injures a domestic
6 animal not his own:
7 Is guilty of a misdemeanor.
8 B. Every person who while committing any trespass, intentionally and
9 without consent on of the animal's owner kills or injures a domestic animal of
10 another, not including upland game birds or birds of any species not protected
11 by law, shall be guilty of a misdemeanor. In addition to any other sentence of
12 jail or a criminal fine imposed, a court may, for violation of this subsection
13 or subsection A.10. of this section, impose a civil penalty in an amount up to
14 double the value of the animal or for injuries sustained and payable to the
15 owner of the animal.
16 SECTION 2. This act shall be in full force and effect on and after July
17 1, 2000.
AH0456
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Ellsworth
Seconded by Clark
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 456
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 33, following "who" insert: ",
3 without permission or invitation,".
4 CORRECTION TO TITLE
5 On page 1, in line 3, following "THE PERSON" insert: ", WITHOUT PERMISSION
6 OR INVITATION,".
STATEMENT OF PURPOSE
RS09694
This amendment will hold people responsible for trespassing on real
property after being notified in writing or verbally by the owner or
authorized agent prohibiting entry on the property.Under current law,
people who depart real property, after receiving notice, and then
immediately re-enter it are technically not committing a trespass.
This amendment will make it clear that when a person is trespassed
from a property the person can not re-enter the property for one year.
FISCAL NOTE
There is no fiscal impact on the general fund. There is potential fiscal
impact on the local level because certain actions that were not technically
a trespass would now become one. This may result in additional prosecution
or incarceration costs to cities or counties. Trespass is a misdemeanor and
the maximum penalty is six months in jail and a $300 dollar fine.
Contact: Kevin Maloney or Jim Ball
Idaho Prosecuting Attorneys' Association
364-2121
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 456