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H0056..........................................................by STOICHEFF TRESPASSING/KILLING ANIMALS - Amends existing law to provide that trespassing and killing certain animals or trespassing with intent to kill certain animals is a misdemeanor with civil penalties. 01/11 House intro - 1st rdg - to printing 01/11 Rpt prt - to Jud
H0056|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 56 BY STOICHEFF 1 AN ACT 2 RELATING TO TRESPASS; AMENDING SECTION 18-7008, IDAHO CODE, TO PROVIDE MISDE- 3 MEANOR AND CIVIL PENALTIES FOR TRESPASSING AND KILLING CERTAIN ANIMALS OR 4 TRESPASSING WITH INTENT TO KILL CERTAIN ANIMALS AND TO MAKE TECHNICAL COR- 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 10wilfullywillfully 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 recog- 21 nized or established as a street, alley, avenue, or park, without the license 22 of the proper authorities, any earth, soil or stone; or 23 6.WilfullyWillfully opening, tearing down, or 24 otherwise destroying any fence on theinclosedenclosed 25 land of another, or opening any gate, bar, or fence of another and 26wilfullywillfully leaving it open, or using the 27 corral or corrals of another without the permission of the owner; or 28 7.WilfullyWillfully covering up or 29 encumbering in any manner, the land or city lot of another, without written 30 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 the 33 owner of real property, to immediately depart from the same and who refuses so 34 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 of 40 like meaning, spaced at intervals of not less than one (1) sign, paint area or 41 notice per six hundred sixty (660) feet along such real property; provided 42 that where the geographical configuration of the real property is such that 43 entry can reasonably be made only at certain points of access, such property 2 1 is posted sufficiently for all purposes of this section if said signs, paint 2 or notices are posted at such points of access: 3 Is guilty of a misdemeanor. 4 B. Every person who willfully commits any trespass by killing 5 domestic animals, not including upland game birds or birds of any species not 6 protected by law, belonging to another or trespassing with the intent to kill 7 a domestic animal or animals, not including upland game birds or birds of any 8 species not protected by law, shall be guilty of a misdemeanor and may be 9 imprisoned for a period not in excess of six (6) months or may be fined not in 10 excess of five hundred dollars ($500). Additionally, the person may be sub- 11 ject to civil penalties not to exceed ten thousand dollars ($10,000) per 12 violation or one thousand dollars ($1,000) for each day of a continuing viola- 13 tion, whichever is greater. The method of recovery of the civil penalty shall 14 be a civil enforcement action in the district court in and for the county 15 where the violation occurred. All civil penalties collected pursuant to this 16 subsection shall be paid into the general fund of the state.
STATEMENT OF PURPOSE
RS 08491
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
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 5