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HOUSE BILL NO. 464

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Daily Data Tracking History

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H0464..........................................................by STOICHEFF
                          Requested by: Stoicheff
TRESPASSING/KILLING ANIMALS - Amends existing law to provide felony
penalties for trespassing and killing animals or trespassing with intent to
kill animals.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Jud

Bill Text

H0464


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 464

                                       BY STOICHEFF

 1                                        AN ACT
 2    RELATING TO TRESPASS; AMENDING SECTION 18-7008, IDAHO CODE, TO PROVIDE  FELONY
 3        PENALTIES  FOR  TRESPASSING AND KILLING ANIMALS OR TRESPASSING WITH INTENT
 4        TO KILL ANIMALS AND TO MAKE TECHNICAL CORRECTIONS.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 18-7008, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        18-7008.  TRESPASS  -- ACTS CONSTITUTING.  A.  Every person who
 9     wilfully   willfully  commits any trespass, by either:
10        1.  Cutting down, destroying or  injuring  any  kind  of  wood  or  timber
11        belonging to another, standing or growing upon the lands of another; or
12        2.  Carrying away any kind of wood or timber lying on such lands; or
13        3.  Maliciously  injuring  or  severing from the freehold of another, any-
14        thing attached thereto, or the produce thereof; or
15        4.  Digging, taking, or carrying away from any  lot  situated  within  the
16        limits of any incorporated city, without the license of the owner or legal
17        occupant thereof, any earth, soil, stone; or
18        5.  Digging,  taking,  or carrying away from any land in any of the cities
19        of the state, laid down on the map or plan of such city, or otherwise rec-
20        ognized or established as a street, alley, avenue, or  park,  without  the
21        license of the proper authorities, any earth, soil or stone; or
22        6.   Wilfully   Willfully  opening, tearing down, or
23        otherwise destroying any fence on the  inclosed   enclosed
24          land of another, or opening any gate, bar, or fence of another and
25         wilfully   willfully  leaving it open, or using the
26        corral or corrals of another without the permission of the owner; or
27        7.    Wilfully      Willfully     covering   up   or
28        encumbering  in any manner, the land or city lot of another, without writ-
29        ten permission from the owner or custodian thereof; or
30        8.  Every person, except under landlord-tenant  relationship,  who,  being
31        first notified in writing, or verbally by the owner or authorized agent of
32        the  owner  of  real property, to immediately depart from the same and who
33        refuses so to depart after being so notified; or
34        9.  Entering without permission of the owner or the  owner's  agent,  upon
35        the real property of another person which real property is posted with "No
36        Trespassing"  signs,  is posted with a minimum of one hundred (100) square
37        inches of fluorescent orange paint except that when metal fence posts  are
38        used, the entire post must be painted fluorescent orange, or other notices
39        of  like meaning, spaced at intervals of not less than one (1) sign, paint
40        area or notice per six hundred sixty (660) feet along such real  property;
41        provided that where the geographical configuration of the real property is
42        such  that  entry can reasonably be made only at certain points of access,
43        such property is posted sufficiently for all purposes of this  section  if


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 1        said signs, paint or notices are posted at such points of access:
 2        Is guilty of a misdemeanor.
 3          B.  Every person who willfully commits any trespass by killing ani-
 4    mals belonging to another or trespassing with the intent to kill an animal  or
 5    animals is guilty of a felony. 

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
                                 RS 07428
    
    The purpose of this bill is to declare trespassing with intent to kill animals or the killing of
    
    animals a felony.
    
    No determinable effect.
    
                   CONTACT: Representative Jim Stoicheff
                                208-334-2000
    
    FISCAL NOTE
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 464