1999 Legislation
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HOUSE BILL NO. 136 – Trespass, intent to kill animals


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Daily Data Tracking History

H0136................................by JUDICIARY, RULES AND ADMINISTRATION
TRESPASS - Amends existing law to provide misdemeanor and civil penalties
for trespassing and killing certain animals, or trespassing with intent to
kill certain animals.

01/29    House intro - 1st rdg - to printing
02/01    Rpt prt - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 67-1-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor),
      Tilman, Tippets, Trail, Wheeler, Williams, Wood, Zimmermann,
      Mr Speaker
      NAYS -- Sellman
      Absent and excused -- Linford, Watson
    Floor Sponsor - Stoicheff
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Parry
    Floor Sponsor - Richardson
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/18    Governor signed
         Session Law Chapter 106
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 136


 1                                        AN ACT
 5        RECTIONS.

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

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

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


 1        such property is posted sufficiently for all purposes of this  section  if
 2        said signs, paint or notices are posted at such points of access ; or
 3        10. Entering  the property of another and, being unprovoked, intentionally
 4        and without the consent of the animal's owner, kills or injures a domestic
 5        animal not his own :
 6    Is guilty of a misdemeanor.
 7         B.  Every person who while committing  any  trespass,  intentionally
 8    and  without consent on the animal's owner kills or injures a  domestic animal
 9    of another, not including upland game birds or birds of any species  not  pro-
10    tected by law, shall be guilty of a misdemeanor. In addition to any other sen-
11    tence  of  jail or a criminal fine imposed, a court may, for violation of this
12    subsection or subsection A.10. of this section, impose a civil penalty  in  an
13    amount up to double the value of the animal or for injuries sustained and pay-
14    able to the owner of the animal. 

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE 
                            RS 08774

The purpose of this legislation is to declare trespassing with
intent to kill animals or the killing of animals a misdemeanor
with civil penalties.

                            FISCAL NOTE

No determinable effect.

CONTACT:  Representative Jim Stoicheff

 STATEMENT OP PURPOSE/  FISCAL NOTE                Bill No.   H 136