2000 Legislation
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HOUSE BILL NO. 456, As Amended – Trespass committed, when

HOUSE BILL NO. 456, As Amended

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Daily Data Tracking History



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

Bill Text


 H0456
                                                                        
                                                                        
  ||||              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 so to 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 on of 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.

Amendment


 AH0456
                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                        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