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
|||| 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 soto 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 onof 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.
|||| 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