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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
NAYS--None
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
H0136|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 136 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 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 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.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 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, 2 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
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
332-1000
STATEMENT OP PURPOSE/ FISCAL NOTE Bill No. H 136